Terms & Conditions
Last updated: March 17, 2016
Welcome to Lalatop.com (the “Websites”). Lalatop Inc. and/or its affiliates (“Lalatop”) provide website features and other products and services to you when you visit or shop at the Websites, use Lalatop products or services, use Lalatop applications for mobile, or use software provided by Lalatop in connection with any of the foregoing (collectively, t “Lalatop Services”). Lalatop provides the Lalatop Services subject to the following conditions. By using Lalatop Services, you agree to these conditions. Please read them carefully. We offer a wide range of Lalatop Services, and sometimes additional terms may apply. When you use a Lalatop Service (for example, My Account, Gift Certificates or Lalatop applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Lalatop Service (Service Terms). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Lalatop Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, by posting notices on the Websites or through the other Lalatop Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Lalatop Service, such as text, graphics, logos, button icons, images, audio and video clips, and data compilations, is the property of Lalatop or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Lalatop Service is the exclusive property of Lalatop and protected by U.S. and international copyright laws.
License and Site Access
Subject to your compliance with these Conditions of Use, Lalatop grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Lalatop Services. This license does not include any resale or commercial use of any Lalatop Service or its contents; any collection and use of any product listings, images, descriptions, or prices; any derivative use of any Lalatop Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Lalatop or its licensors, suppliers, rightsholders, or other content providers. No Lalatop Service, nor any part of any Lalatop Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Lalatop. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lalatop without express written consent. You may not use any meta tags or any other "hidden text" utilizing Lalatop’s name or trademarks without the express written consent of Lalatop. You may not misuse the Lalatop Services. You may use the Lalatop Services only as permitted by law. The licenses granted by Lalatop terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Lalatop Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Lalatop does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Lalatop Services only with involvement of a parent or guardian. Lalatop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Lalatop reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Lalatop a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Lalatop and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Lalatop for all claims resulting from content you supply. Lalatop has the right but not the obligation to monitor and edit or remove any activity or content. Lalatop takes no responsibility and assumes no liability for any content posted by you or any third party.
Lalatop respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk of Loss
All items purchased from Lalatop are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds and Title
Lalatop does not take title to returned items until the item arrives at our returns center. At our discretion, a refund may be issued without requiring a return. In this situation, Lalatop does not take title to the refunded item.
Lalatop attempts to be as accurate as possible. However, Lalatop does not warrant that product descriptions or other content of any Lalatop Service is accurate, complete, reliable, current, or error-free. If a product offered by Lalatop itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold on the Websites, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.
We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Lalatop does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE Lalatop SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Lalatop SERVICES ARE PROVIDED BY Lalatop ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Lalatop MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Lalatop SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Lalatop SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Lalatop SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Lalatop DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Lalatop DOES NOT WARRANT THAT THE Lalatop SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Lalatop SERVICES, Lalatop’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM OR ON BEHALF OF Lalatop ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Lalatop WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Lalatop SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Lalatop SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By using any Lalatop Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Lalatop.
Any dispute or claim relating in any way to your use of any Lalatop Service, or to any products or services sold or distributed by Lalatop or through the Websites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Lalatop Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lalatop’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Lalatop that your copyrighted material has been infringed.
Additional Lalatop Software Terms
1. Use of the Lalatop Software. You may use Lalatop Software solely for purposes of enabling you to use and enjoy the Lalatop Services as provided by Lalatop, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Lalatop Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Lalatop Software or otherwise assign any rights to the Lalatop Software in whole or in part. You may not use the Lalatop Software for any illegal purpose. We may cease providing any Lalatop Software and we may terminate your right to use any Lalatop Software at any time. Your rights to use the Lalatop Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Lalatop Software that are specifically identified in related documentation may apply to that Lalatop Software (or software incorporated with the Lalatop Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Lalatop Service is the property of Lalatop or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Lalatop Software, whether in whole or in part, or create any derivative works from or of the Lalatop Software.
4. Updates. In order to keep the Lalatop Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Lalatop Software. If you are a U.S. Government end user, we are licensing the Lalatop Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Lalatop Software are the same as the rights we grant to all others under these Conditions of Use.