Terms & Conditions
All Online Services and all content, information, and other materials featured, displayed, contained, and available on the Online Services (including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs) (collectively, the “Materials”) are owned by or licensed to LawnLoom. Such Materials may be protected under the Copyright Ordinance (Cap. 528), Trade Marks Ordinance (Cap. 559), laws governing passing off, patents (where applicable), and/or other intellectual property rights and unfair competition-related laws of the Hong Kong Special Administrative Region (“Hong Kong SAR”).
General terms (applicable to all Online Services)
Modifications to Online Services
LawnLoom has a separate Privacy Policy (the “Privacy Policy”) relating to how Customer Data is collected and used via the Online Services. The Privacy Policy is available for review by selecting the “Privacy Policy” link here or at the bottom of our website. By accessing or using the Online Services, you are also agreeing to the terms of the Privacy Policy which are incorporated into these Terms & Conditions by this reference.
Ownership & Licensing of the Online Services and Intellectual Property
The Online Services and all content, information, and other materials featured, displayed, contained, and available on the Online Services (including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs) (collectively, “Materials”) are owned by or licensed to LawnLoom and may be protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms & Conditions, LawnLoom grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Online Services for noncommercial purposes only. You may view, display, copy, download, and print Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Online Services or its Materials. Except as expressly provided herein, LawnLoom does not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. “LawnLoom” are registered trademark and service marks of LawnLoom in the United States and other countries. LawnLoom also owns many other intellectual property rights, including other trademark rights. The Online Services, Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the Online Services (collectively, the “Intellectual Property”) are owned by or licensed to LawnLoom with all rights reserved unless otherwise noted. LawnLoom does not permit third-parties to use the Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission. Nothing contained in the Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property without our prior express written permission. You are strictly prohibited from using any of the Intellectual Property except as expressly provided in these Terms & Conditions. You are also advised that LawnLoom and/or its licensee(s) will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Standards of Conduct for Users of the Online Services
You agree to use the Online Services, Materials, and all related programs, features and services in accordance with these Terms & Conditions and all applicable laws and regulations. Specifically (and without limitation), you agree not to: modify, adapt, translate, or reverse engineer any portion of the Online Services or Materials; use the Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity; attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means; use the Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks; frame or mirror any portion or feature of the Online Services; use the Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes; use any automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the Online Services or Materials; (2) reproduce or circumvent the navigational structure or presentation of the Online Services or Materials; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Online Services; use any device, software, or routine to interfere or attempt to interfere with the proper working of the Online Services or with any other person’s use or enjoyment of the Online Services; transmit any viruses, worms, defects, Trojan horses, corrupted files, or other items of a destructive nature; circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of LawnLoom; forge headers or otherwise manipulate identifiers; post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability; submit or post any false or misleading information; and/or violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of LawnLoom or any other person or entity. LawnLoom reserves the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Online Services, Materials, users, us, our brand, or any other person or entity, or that violates these Terms & Conditions and/or applicable law.
Submissions by Users of the Online Systems
Except as otherwise stated in our Privacy Policy with respect to your personal information, any materials, remarks, suggestions, ideas, photos, stories and/or other information you communicate or submit to us through the Online Services (collectively, “Submissions”) will be considered non-confidential and non-proprietary. By providing a Submission to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission along with your name, photograph, voice, likeness and other information, content, or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else, unless otherwise required by applicable law. You also permit any user to access, display, view, store, and reproduce, for personal use only, your Submission as posted by us.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms & Conditions, are to the best of your knowledge true and accurate, and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
We may, without notice to you, refuse or edit Submissions for any reason or no reason.
User Logins and Registration
Certain programs, features, or services offered on or through the Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify LawnLoom immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by LawnLoom or any other Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission. LawnLoom shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Electronic Communications
When you visit the Online Services or send e-mails to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (whether by email or by posting the same in our Online Services) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms & Conditions. By creating an account with LawnLoom, you acknowledge that you will be receiving order update and confirmation emails and text messages.
No Warranties
LawnLoom makes no representations or warranties regarding the Online Services and Materials.
THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NO WARRANT THAT THE ONLINE SERVICES OR MATERIALS WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF LawnLoom ONLINE SERVICES OR MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE SERVICES AND ALL MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES.
Violation of these Terms & Conditions
You agree that LawnLoom may, in its sole discretion and without prior notice, block and/or terminate your access to any or all of the Online Services if we determine that you have violated these Terms & Conditions or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms & Conditions constitutes an unlawful and unfair business practice and will cause irreparable and unquantifiable harm to LawnLoom. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If LawnLoom takes legal action against you as a result of your violation of these Terms & Conditions, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to LawnLoom.
You agree to indemnify, defend, and hold harmless LawnLoom and all of its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms & Conditions; (2) your Submissions; and/or (3) your activities in connection with the Online Services, and Materials, programs, features, and services made available through the Online Services.
International Users and Choice of Law
The Online Services are controlled, operated, and administered by us and our service providers from our offices. Although our operations may have a global reach, when it comes to users in Hong Kong, specific legal considerations apply.
We make no representation that the Materials on the Online Services are appropriate or available for use at all locations in Hong Kong. In Hong Kong, access to certain online content might be restricted based on local laws such as the Control of Obscene and Indecent Articles Ordinance (Cap 390), which regulates the distribution and display of inappropriate materials. Also, in accordance with the laws of Hong Kong, any activity that could be considered a criminal act, such as unauthorized access to computer data under the Telecommunications Ordinance (Cap 106) or acts with criminal or dishonest intent as per the Crimes Ordinance (Cap 200), is prohibited in relation to the use of our Online Services.
You may not use the Online Services or export Materials in violation of any applicable laws in Hong Kong. For instance, if there are regulations related to data protection and cross – border data transfer in Hong Kong, you are obliged to comply with them. If you access the Online Services from Hong Kong, you are solely responsible for ensuring full compliance with all local laws and regulations.
These Terms & Conditions and our Privacy Policy shall be governed by the laws of Hong Kong Special Administrative Region. Any legal suit, action, or proceeding arising out of or related to these Terms & Conditions or from the Online Services shall be instituted in the courts of Hong Kong Special Administrative Region. You agree to submit to the jurisdiction of such courts and waive any objections to venue in these courts.