1. Overview

Welcome to the Lossless City LLC’s website. The following terms and conditions (the “Terms,” “Agreement”) outlined herein constitute a legally binding agreement between you and Lossless City LLC, its subsidiaries, affiliates, partners, representatives, and officers (collectively referred to as “Lossless City,” “us,” “we,” or “our”) and govern your access, use of and purchase of products from the Lossless City website at https://losslesscity.biz and on other platforms (the “Site”), that may be made available to you for your access to the products that we offer.

By visiting our site and/or purchasing something from us, you hereby agree to be bound by the Terms herein as it applies to your purchase or use of any products offered on the site either as a guest or as a registered user. By accessing and/or using the Site, you represent and warrant that you have the capacity to enter into the agreement and to abide by all of the terms and conditions set forth herein. You may not access or use this website, subscribe to our newsletter or accept this agreement unless you agree with the terms herein. If you do not agree with all provisions of this agreement, please do not access and/or use the Site, sign up for our newsletter, or purchase products through the Site.

We are only willing to provide the site ands Services to parties that have accepted all the terms and conditions herein these Terms. Please, read these Terms and any additional terms applicable to your use of the Site or the Services before using it.

By accessing or using the site, you confirm your agreement to be bound by these Terms.

2. Changes to this Agreement

We may modify these Terms at any time, at our sole discretion as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the site or through other communications such as the email address registered in your account. It’s important that you review the Terms whenever we modify them because if you continue to use the site after we have posted modified Terms on the site, you are indicating to us that you agree to be bound by the modified Terms.

Because our Services are evolving over time we may change or discontinue all or any part of the site or Services, at any time and without notice, at our sole discretion

3. Intellectual property, copyrights and trademarks

Intellectual property: All the content included on our website, including, but not limited to, images, illustrations, text, scripts, graphics, audio clips, video clips, and other interactive features made available to you on the Site, logos, trademarks, and service marks contained herein, are owned by us. Other service marks, logos, and names on this Site are the property of their respective owners. Any use of the Site or the contents made available to you on the Site other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time without notice and with or without cause.

Permitted use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Site subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Site; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Site except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Site; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.

4. Product description, availability, and pricing

1. Product Description: We make reasonable attempts to ensure that product descriptions are as accurate as possible. Also, while we have made reasonable attempts to accurately describe the products and display the colours accurately, the actual colours you see will depend on your monitor or mobile device and may not be accurate as intended by us. We do not accept liability for any loss of whatsoever nature or howsoever caused, arising directly or indirectly from the use of or reliance upon this website or any of the information it contains. Your sole remedy for a product not as described is to return it in unused condition.

1. Product Availability: We put in our best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order.

1. Product pricing: Although we make reasonable attempts to provide accurate pricing information about the products listed on our website; typographical errors and pricing mistakes may occur in pricing. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update price information and other information at any time without prior notice; including after you have submitted your order.

1. Order and Order Limitations: In our sole discretion, we reserve the right to refuse or cancel an order for any reason including errors in product pricing information, to avoid fraud, and to limit the quantities of any product that may be purchased on a per order or per person basis. By placing an order for products, you accept to pay for the products including applicable taxes and all shipping, and handling charges.

5. Payment, tax, delivery of order and risk of loss

1. Payment: The total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order. Payment for purchases on the website can be made using most major credit or debit cards, PayPal and other online payment methods made available to you at the checkout page. If you make use of a credit/debit card to pay for your order, you must use your credit/debit card or a credit/debit card that you are otherwise authorized to use. All credit/debit cardholders may be subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order and we will not be liable for any delay or non-delivery and, we are not obliged to inform you of the reason for the refusal.

1. Tax: Lossless City will add applicable sales/use tax on orders as may be necessary. The total price of your order is inclusive of any applicable tax.

1. Order cancellation: To cancel an order, go to your order page and select the items you want to cancel. Order will not be cancelled if it is over 24 hours since you placed your order.

6. User representation and acceptable use

You hereby represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the service will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the site, or any content in it, will be safe, error-free or uninterrupted, or that it will be free from bugs or viruses. From time to time, access to the site may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the site being unavailable at any time for any reason.

You agree, undertake and confirm that your use of the site shall be strictly in accordance with the following binding guidelines:

1. You shall not host, display, upload, modify, publish, transmit, update or share any content or information which:

1. is in violation of local, state, or federal laws or regulations;
2. belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized property or copy of another person’s content such as providing links to them, providing information about them;
3. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
5. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
6. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;
7. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
8. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
9. Interferes with another user’s use and enjoyment of the website or any other individual’s user and enjoyment of similar services;
10. Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited, or violates the letter or spirit of these Terms and conditions.
11. Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;

1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.
2. You shall not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site or to any server, computer, network, or any of the services offered on or through the site, by hacking, password “mining” or any other illegitimate means.
3. You shall not abuse any discounts, coupons, or promotions by harvesting or farming discounts or coupons.
4. You shall not attempt to encourage, permit, or allow other users of the site to do anything that is prohibited or anything that violates the terms of this agreement.
5. You shall not use our site for fraudulent or illegal purposes, or in connection with a criminal offence or any other unlawful activity.
6. You shall not attempt to obtain another user’s account username, password, or other security information.
7. You shall not conceal your true IP address or otherwise misrepresent or impersonate your identity.
8. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted on the site, or with any other person’s use of the site.
9. You shall not use our site for any other purpose that is other than what is intended by Lossless City as described herein.

7. How we communicate: consent to electronic transaction, communication and disclosures

To the fullest extent permitted by law, these Terms and Conditions and any other agreements, notices or other communications from Lossless City to you regarding our services being offered (“Communications”) may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Lossless City site and/or delivered to your email address.

Opting-out and withdrawal of consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward; we may still send you relevant information about your account and any transaction detail carried out between you and other users on the Lossless City site. You further acknowledge and agree that opting out and withdrawing consent may impact your use of the Lossless City site.

8. Copyright infringement and notification

Lossless City respects the intellectual property of others and asks its users of our site to do the same. Lossless City’s Service may not be used to transmit, retransmit, distribute, post, or store any material that violates any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations.

Lossless City has established procedures for enforcing this. If you believe that your copyrighted work has been copied and is accessible on any of Lossless City’s Services in a way that constitutes copyright infringement, please notify us by reaching our Copyright Agent via the following means:

Lossless City

E-mail: support@losslesscity.biz

Notification of alleged copyright infringement

In order to be valid, the notification must be in writing and must contain the following information:

1. a description of the copyrighted content or other intellectual property that you claim has been infringed;
2. a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
3. a detailed description of where this content or intellectual property is located on the Service, in order for us to find it;
4. your address, telephone number, and email address;
5. a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
6. a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the behalf of the copyright or intellectual property owner.

Please note that (i) any person who knowingly misrepresents to Lossless City that material is infringing shall be liable to Lossless City and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Lossless City and/or the alleged infringer as a result of Lossless City’s reliance on such misrepresentation and removing or disabling access to such material. (ii) Similarly, any person who knowingly misrepresents to Lossless City that the material was removed or access blocked by mistake or misidentification shall be liable to Lossless City and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Lossless City and/or the copyright owner or its authorized licensee as a result of Lossless City’s relying on such misrepresentation and replacing such removed or blocked material.

9. User-generated content, reviews, comments, feedback and other submissions

We may permit you from time to time to submit, upload, publish or otherwise make available textual, audio, and/or visual content and information, including commentary and reviews related to the Services, or initiation of support requests (“User-generated Content”).

You acknowledge and agree that Lossless City provides this review system as a means through which users can share their comments, reviews and opinions about its products publicly, and Lossless City does not monitor, contribute to, influence, or censor these opinions. Lossless City does not generally investigate any user-generated content posted by users for accuracy or reliability and does not guarantee that any user-generated content is accurate. You also understand and agree that you are solely responsible for your user-generated content, including the accuracy of any user content, and are solely responsible for any legal action that may be instituted by other users or third parties as a result of or in connection with your user-generated content.

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Lossless City or our Services (collectively, “Feedback”). You understand that we may use such feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including, without limitation, to develop, copy, publish, or improve the Lossless City Services by using the feedback at Lossless City’s sole discretion.

You understand that your user-generated content shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing, or otherwise submitting any user-generated content to the Lossless City site, Lossless City will treat such user-generated content as non-confidential. User hereby grants Lossless City, its affiliates, and marketing partners, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right, sublicensable (through multiple tiers) and transferable right and license to reproduce, use, publish, distribute, translate, reformat, transmit, display, modify, create derivative works of and otherwise commercially exploit (including but not limited to over the Internet, broadcast television or any other uses or media {including any or all existing and future social media platforms}) such user-generated content, in whole or in part, including existing and future rights that Lossless City (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed in the future all Content in connection with the sale of products through the Lossless City Site and for the listing, advertising, marketing and promotion of such products, including without limitation, through the Lossless City Site, third party websites, e-mail, social media or any other medium.

10. Third-party website links and intellectual property

Some links on the site may allow you to leave the site. The linked websites are not in any way under the control of Lossless City, and we are not responsible for the contents of any of such linked websites or any link contained in a linked website or any changes or updates to such websites.

Lossless City is not responsible for any form of transmission sent or received from any linked website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the website. Your use of any linked website is at your own risk and is subject to the terms of use and privacy policies located on such website.

You understand that any content or information made available or expressed by a third party on the Lossless City site is that of the respective owner(s) and not Lossless City’s. Lossless City neither approves nor is responsible for the accuracy, currency or reliability of any content, opinion, information, advice or statement made on the website by anyone.

11. Privacy

In the course of accessing and/or using the site and the Services that we offer; we may obtain certain information about you or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. If you use the Services and/or the site, and/or if you register for an account, you are accepting our Privacy Policy, which may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue the use of the website and the Services.

12. Warranty disclaimer

Our site and the site services are provided “as available” and on an “as-is” basis. Lossless City makes no warranties of any kind, expressed or implied. We strive to provide our site 24 hours a day 365 days a year, but we do not guarantee our website will always be available. Lossless City will not be liable for any loss due to our website not being available. Lossless City will not be liable for any loss due to errors in our software or the software of others that we use.

To the fullest extent permissible by applicable law, we disclaim all responsibility, liability, representations, and warranties of any kind, express or implied for: (i) operation, accessibility, or security of this site, and the accuracy, completeness, availability, timeliness, currency, or reliability of any of the content or data found on this site, (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to its services, and the operation of our site may be interfered with by numerous factors outside of our control. Your use of the site that we offer is at your sole risk.

To the fullest extent permissible by applicable law, we disclaim all representations and warranties of any kind, express or implied, as to the operation, accessibility, or security of this website, and the accuracy, completeness, currency, or reliability of any of the content or data found on this site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee continuous, uninterrupted, or secure access to its services, and the operation of our site may be interfered with by numerous factors outside of our control. Your use of the Services that we offer is at your sole risk.

While we have made attempts to provide accurate and valid information on our site, no representation is made or warranty given as to the validity, completeness, availability, timeliness, security, reliability or accuracy of the contents. In particular, you should be aware that the contents may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the site before you take any action upon it. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly made herein.

13. Limitation of liability

To the extent permitted by law, we assume no responsibility, and in no event and under no legal or equitable theory, whether in tort, contract, strict liability, or otherwise shall Lossless City or any of its employees, directors, officers, agents, or suppliers be liable to you or any other person for any loss, claim, damage, lost profits or any special, incidental, indirect or consequential damages of any kind arising out of or in connection with your access to, or inability to access, the website, or from your reliance on any information provided on the website, even if we have been advised of the possibility of such damages.

You understand, therefore, that by using the Lossless City site, you may be exposed to services that are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable, and that you use the Lossless City services at your own risk. Nothing in this agreement or the Lossless City website constitutes or is meant to constitute, advice of any kind.

14. Indemnification

You agree that as a condition of use of the site, you will indemnify, defend, and hold harmless Lossless City, its officers, directors, employees, agents, licensors and suppliers (collectively, the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the site and Services or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.

15. Choice of law and jurisdiction

These Terms and your use of the site and Service are governed by and construed in accordance with the laws of the State of Texas, U.S.A., applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles

16. General provisions

1. Severability
   If any provision of these Terms is determined by a court to be invalid, void or unenforceable, the Parties agree that the remaining provisions of this Agreement will not be affected thereby and that this Agreement will in any event otherwise remain valid and enforceable.
2. Waiver
   No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce at any time any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that well will pursue legal actions against all breaches of this Agreement.
3. Assignment
   You may not assign these Terms, or any of its rights or obligations hereunder, without Lossless City’s prior written consent in the form of a written instrument signed by a duly authorized representative of Lossless City. We may assign these Terms without your consent. Subject to the foregoing restrictions, the Terms and conditions herein are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
4. Force Majeure

Notwithstanding the other provisions of this Agreement, if Lossless City is in good faith prevented from performing its obligations under this Agreement because of an event beyond its control, including without limitation, any act or omission of our third-party partners, war (declared or undeclared), terrorism, explosion, pandemic, and acts of God like earthquake, flood, hurricanes, tornadoes and other natural calamities, Lossless City will be relieved from performing its obligations provided that, it will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.

1. Entire Agreement

These Terms with other policies presented to you, constitute the entire agreement between you and us with respect to the platform and its use and supersedes all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.

17. Questions or complaints?

Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at support@losslesscity.biz.