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Terms of service

Terms of Service

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority in your state, province, or country of residence and have given us your consent to allow any of your minor dependents to use this site. If you are under the age of consent required by applicable data protection laws (e.g., 13 under COPPA in the United States or 16 under GDPR in the European Union), you must have your parent or legal guardian's permission to use our website and services. We have implemented age verification mechanisms as part of our compliance with state and international data protection laws, effective January 2025. If we discover that a user under the age of consent has provided personal data without proper authorization, we will delete the data promptly and notify the parent or guardian, if contactable.

We comply with the Children's Online Privacy Protection Act (COPPA) in the U.S. and the General Data Protection Regulation (GDPR) in the EU, which means we do not knowingly collect or solicit personal information from anyone under the age of consent without verifiable parental consent. If we become aware that we have collected personal information from a child under the applicable age of consent without such consent, we will take steps to delete that information promptly. If you believe that we might have any information from or about a minor without appropriate consent, please contact us immediately at service@lovinitydiamond.com.

You agree not to use our products for any illegal or unauthorized purpose nor to violate any laws in your jurisdiction (including but not limited to copyright laws) through your use of the Service. You must not transmit any worms, viruses, or any destructive code.

A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse Service to anyone for any reason at any time, including but not limited to non-compliance with these Terms of Service or applicable laws.

Section 2 - General Conditions

We reserve the right to refuse Service to anyone for any reason at any time, including but not limited to non-compliance with these Terms of Service or applicable laws.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. We take data security seriously and employ industry-standard encryption protocols, including updated compliance with Payment Card Industry Data Security Standard (PCI DSS) Version 4. These measures, effective March 31, 2025, include enhanced anti-skimming technologies, secure transmission of payment data, and robust fraud prevention protocols. We remain compliant with GDPR, CCPA, and all relevant regulations to ensure your data's security during transmission and storage.

All personal data collected, processed, and stored through our website and services will be handled in accordance with these data protection laws. Credit card information is always encrypted during transfer over networks, and we ensure the highest level of security in compliance with PCI DSS standards.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We strive to provide accurate, complete, and up-to-date information on this site; however, we are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

The content on this site, including but not limited to product descriptions, pricing, and other details, is provided for informational purposes only and does not constitute legal, financial, or professional advice. Starting in January 2025, we will proactively notify customers of corrections to product descriptions or pricing errors where required under state-level consumer protection laws. This ensures transparency and compliance with updated disclosure obligations.It is not intended to replace consultation with qualified professionals who can provide specific advice tailored to your needs and circumstances.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. However, for any material changes that significantly affect the ongoing use of the Service, pricing, or any active subscriptions, we will make reasonable efforts to notify users through the contact information provided at the time of purchase or by posting a prominent notice on our website.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. It is your responsibility to review any changes and decide whether to continue using the Service. Your continued use of the Service after such changes will constitute your acceptance of the new terms and conditions.

If you do not agree to any changes to the Service or prices, your sole remedy is to cease using the Service and to contact us to discuss any concerns regarding your current transactions or subscriptions.

Section 5 - Products or Services

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Store Policy, which complies with applicable local consumer protection laws.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, we cannot guarantee that your device’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction, in compliance with applicable consumer protection laws. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion, in accordance with applicable laws. We also reserve the right to discontinue any product at any time.

Any offer for any product or Service made on this site is void where prohibited by law. We comply with all relevant consumer protection laws, including those related to product descriptions, returns, and warranties. As of January 2025, customers have expanded rights under new consumer protection laws, including:

  • Greater transparency in how personal data is used for transactions.
  • The ability to opt out of the sale or sharing of data for targeted advertising purposes.
  • Enhanced disclosures about data use during purchases.

For more details, please review our Privacy Policy or contact us.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. All billing and payment data will now be processed in compliance with PCI DSS Version 4, ensuring enhanced fraud prevention and secure storage of payment credentials. If we identify suspicious activity, we may request additional verification to protect your account and prevent unauthorized transactions. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

We are committed to the security and lawful processing of your billing and account information. All personal data collected during the purchase process is handled in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We use industry-standard encryption and security measures to protect your personal information during transmission and storage.

For more details on how we handle your personal information, please review our Privacy Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control or input. We ensure that third-party tools meet industry standards for data protection and security, including GDPR and CCPA compliance. However, any data shared with these tools is subject to their privacy policies. Please review their terms and policies before use. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We recommend that you review the privacy practices and terms of service of any third-party tool before use.

We ensure that any personal data shared with third-party tools is done in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). We regularly assess these third-party tools for compliance to ensure that they meet industry standards for data protection and security. However, we cannot control the actions of these third-party providers, and any data shared will be subject to the third party’s privacy practices.

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products, and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. When interacting with third-party websites, note that they may not adhere to the same data protection laws (e.g., GDPR or CCPA) as we do. We encourage you to carefully review their privacy policies and terms of service to understand how your data will be used and protected.We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or Services.

Please be aware that interactions with third-party websites, including those accessed through links on our site, are subject to the privacy policies and data handling practices of those third parties. These third-party sites may have their own privacy policies, terms of service, and data security standards that differ from ours. We strongly encourage you to review the privacy policies and terms of service of any third-party site you interact with to understand how your personal data will be collected, used, and protected.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with third-party websites. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 - User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We respect your rights to your personal data and are committed to protecting it in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). All personal information included in your submissions will be handled in line with our Privacy Policy, which outlines how your data is collected, processed, and protected. If your comments include sensitive personal data, we will process such data only with your explicit consent and in accordance with applicable laws. You may withdraw your consent for such processing at any time by contacting us at service@lovinitydiamond.com.You retain your rights to your data, including the right to access, correct, or request deletion of your personal data, as specified under GDPR and other relevant laws.

By submitting comments, you warrant that your submissions do not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and do not contain unlawful, abusive, or obscene material. You agree that your comments will not include any malicious code or violate any applicable laws, including data protection laws.

We may, but are not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which outlines how we collect, use, process, share, and protect your personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other relevant regulations.

As of January 1, 2025, we have updated our data protection practices to comply with additional state-specific privacy laws, including those in Delaware, Iowa, Nebraska, New Hampshire, and New Jersey. These updates provide expanded rights for consumers to:

  • Access their personal information.
  • Request corrections to inaccuracies in their data.
  • Delete personal information, subject to applicable legal exceptions.
  • Restrict or opt out of the processing of sensitive data.

For more details on these rights and how to exercise them, please refer to our Privacy Policy or contact us at service@lovinitydiamond.com.

Our Privacy Policy provides detailed information on your rights concerning your personal data, including the rights to access, correct, delete, or restrict the processing of your information. It also explains how we ensure the security of your data through industry-standard measures.

For a comprehensive understanding of how we handle your personal information and to exercise your rights, please review our Privacy Policy here: Privacy Policy. By using our website and services, you agree to the terms outlined in our Privacy Policy.

Section 11 - Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

We are committed to complying with all applicable legal obligations and consumer protection standards when correcting errors or inaccuracies. If corrections impact your order or transaction, we will notify you as required by law and provide options in accordance with relevant consumer rights.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the site or its content for any unlawful purpose, including but not limited to: (a) soliciting others to perform or participate in any unlawful acts; (b) violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (d) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

You are also prohibited from: (e) submitting false or misleading information; (f) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any related website, other websites, or the Internet; (g) collecting or tracking the personal information of others without their consent and without complying with applicable data protection laws, including GDPR, CCPA, or other relevant regulations; (h) spamming, phishing, pharming, pretexting, spidering, crawling, or scraping data from the website without proper authorization.

Additionally, you are prohibited from using the site or its content: (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Any collection or use of data without proper consent and compliance with data protection laws is strictly forbidden.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses outlined above.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Lovinity Diamond, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms of Service shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Section 14 - Indemnification

You agree to indemnify, defend, and hold harmless Lovinity Diamond, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, your violation of any law, or the rights of a third party.

Your indemnification obligations under this section shall be lawful, reasonable, and in compliance with applicable consumer protection laws. This includes ensuring that your indemnification of Lovinity Diamond does not extend beyond what is permissible under relevant laws in your jurisdiction, including protections for consumers against unfair terms.

This indemnification provision shall apply to the extent permitted by law and does not override any legal rights or protections available to you under applicable consumer protection regulations. If any indemnification obligation is found to be unlawful or unenforceable, it shall be severed to the extent necessary to make it lawful and enforceable while preserving the intent of the provision.

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.

Severability of any provision does not impact our compliance with local consumer protection or data protection laws. Where any provision is deemed invalid or unenforceable, we will ensure that the remaining provisions continue to comply with all applicable legal and regulatory requirements, including but not limited to consumer rights, data protection regulations, and other local laws relevant to your jurisdiction.

Nothing in this section shall affect your rights under applicable laws, including those protecting consumers or regulating data protection, which cannot be excluded or limited by these Terms of Service.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. We may also deny you access to our Services (or any part thereof).

Upon termination of these Terms of Service, you will no longer have access to the Services. If your account is terminated due to a breach of these Terms, you may not be entitled to a refund. Refunds for any unused portion of paid Services will be provided in accordance with our refund policy and applicable consumer protection laws. Please refer to our refund policy for detailed information on your rights to refunds.

Nothing in this section affects your statutory rights under applicable consumer protection laws. If termination occurs due to our decision to discontinue Services, we will provide notice where required by law and offer refunds or alternatives in accordance with local regulations.

Section 17 - Entire Agreement

These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

In the event of any conflict between these Terms of Service and applicable local laws, including consumer protection laws, the applicable laws will prevail. Nothing in these Terms of Service is intended to limit your rights as a consumer under such laws. If any provision of these Terms is found to be invalid or unenforceable under applicable law, it will not affect the validity and enforceability of the remaining provisions.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York, New York CIty, U.S.A. without regard to its conflict of law principles. However, this choice of law does not exclude the application of mandatory consumer protection laws and regulations in your local jurisdiction.

If you are accessing the Service from outside New York, New York CIty, U.S.A., you are responsible for compliance with the laws and regulations applicable in your country or region. In cases where local consumer protection laws or other mandatory regulations apply, those laws will take precedence over any conflicting provisions in these Terms of Service.

Nothing in these Terms of Service is intended to limit your rights as a consumer under applicable local laws that cannot be excluded or modified by agreement. As of January 2025, these Terms also reflect compliance with emerging state privacy laws in the United States. If any provision of these Terms conflicts with such state laws, including privacy or consumer protection regulations, those state laws will take precedence. We are committed to ensuring full compliance across all jurisdictions in which we operate. If any provision of these Terms conflicts with local laws, the relevant law will prevail to the extent necessary to bring the Terms of Service into compliance with local regulations.

Section 19 - Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

For significant changes that affect your rights or obligations under these Terms of Service, we will make reasonable efforts to notify you, such as by sending an email to the contact information provided in your account or by posting a prominent notice on our website. Changes related to the processing of personal data will include detailed disclosures to comply with GDPR, CCPA, and other state-specific privacy laws. Notifications will be sent to your registered email address or prominently displayed on our website. In some cases, we may require you to expressly accept the updated Terms of Service before continuing to use the Service. For material changes affecting how we collect, use, or share your personal data, we will provide advanced notice in compliance with applicable data protection laws, including sending notifications to your registered email address or displaying prominent notices on our website.

If you do not agree to the modified terms, you must stop using the Service immediately. You may contact us to discuss any concerns or seek clarification regarding the changes. Refusal to accept updated Terms of Service may result in the termination of your access to the Service.

Nothing in this section affects your rights under applicable consumer protection laws. We encourage you to review these Terms of Service regularly to stay informed about any changes.

Section 20 - Contact Information

If you have any questions about these Terms of Service, need further clarification, or wish to raise any concerns, including inquiries related to privacy or your rights under applicable data protection laws, please contact us using the information below:

Lovinity Diamond:
Email: service@lovinitydiamond.com
Phone: (646) 881-1881 
Address: 20 W 47th St Suite #1207-C,
Manhattan, NY 10036

Business Hours: 
Monday-Thursday 10 a.m.- 5 p.m.
Friday 10 a.m.- 2 p.m.

Tax ID #: 92-3608354

We are committed to responding to all inquiries in a timely manner and addressing any concerns you may have regarding your use of our website and Services.

For inquiries related to new state privacy laws or expanded consumer rights, please contact our Data Protection Officer at service@lovinitydiamond.com or refer to our Privacy Policy for detailed guidance.

For privacy-related concerns, please refer to our Privacy Policy or contact our data protection team at service@lovinitydiamond.com.