Important Disclaimers.
Age Restrictions on Use of the Site. LYCHEE LINE is not intended or directed to individuals under the age of 18. If you are under the age of 18, you may not submit any content to this Site, and may not purchase any products via this Site. LYCHEE LINE does not sell products for purchase by children. We may, however, sell children’s products for purchase by adults.

Errors, Inaccuracies or Omissions. Occasionally there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Colors and Patterns. We have made every effort to display as accurately as possible the colors and patterns of our products that appear at the Site. However, as the actual colors and patterns you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color or pattern will be accurate.

TERMS OF USE

Copyright Information.
All materials contained on this Site; including but not limited to text, articles, images, logos, button icons and the selection and arrangement thereof; are protected by United States copyright law and the Berne Convention. These materials may not be reproduced, modified, distributed, transmitted, displayed, published or broadcast without the prior written permission of LYCHEE LINE. However, you may electronically copy and print single copies of material from LYCHEE LINE for personal, non-commercial use only. You may not alter or remove any trademark, copyright or other notice from such copies.

Trademarks.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of LYCHEE LINE. Other company, product, and service names may be trademarks or service marks of others. Nothing on this Site should be construed as granting, in any manner, any license or right to use any Trademark displayed on this Site, without the prior written permission of LYCHEE LINE. LYCHEE LINE enforces its intellectual property rights to the fullest extent of the law. The name LYCHEE LINE or any other Trademark may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from LYCHEE LINE. LYCHEE LINE prohibits use of LYCHEE LINE or any other Trademark, including as part of a link to or from any site, unless such use is approved in advance by LYCHEE LINE in writing. Fair use of LYCHEE LINE’s Trademarks requires proper acknowledgment.

Purchasing Terms and Conditions.
By purchasing goods from this Site you agree that the offer and sale of those goods takes place in, and will be governed exclusively by the laws of, the State of California. You also agree that any legal or equitable claim against LYCHEE LINE arising from or related to your purchase must be brought in the city, state or federal courts located in San Diego or La Jolla, California and you consent to the exclusive jurisdiction and venue in such courts. All goods purchased from LYCHEE LINE are F.O.B. at our fulfillment center. Title to the goods passes to you at the time of delivery by the fulfillment center to a common carrier.

LYCHEE LINE does not currently charge sales tax for items being delivered to any U.S. address, although in the future it may do so. For all international orders, customers are responsible for customs and import duties of the destination country. Because these duties vary by country, LYCHEE LINE cannot determine what these fees will be. For more information, please contact your local customs office.

Hyperlinking and Third-Party Websites.
This Site may contain links to third-party websites. LYCHEE LINE makes no representations whatsoever about any other website which you may access through this one. When you access a non-LYCHEE LINE website, please understand that it is independent from LYCHEE LINE, and that LYCHEE LINE has no control over the content on that website, even if LYCHEE LINE provides information or services to the owner of that website. In addition, a link to a non-LYCHEE LINE website does not mean that LYCHEE LINE endorses or accepts any responsibility for the content or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. LYCHEE LINE encourages you to read carefully all third-party terms of use and privacy policies.

Postings and Submissions.
You acknowledge and agree that LYCHEE LINE shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site. You hereby waive any claim against LYCHEE LINE for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with LYCHEE LINE’s use and publication of such submissions. By submitting any creative ideas, concepts, know-how, techniques, suggestions or materials (collectively, “Submissions”), you are automatically granting LYCHEE LINE a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes (collectively, “Rights”). This means that anything submitted by you to this Site will be owned by LYCHEE LINE and may be used by LYCHEE LINE for any purpose, now or in the future, without any payment to, or further authorization by, you.

You covenant that you shall not post or otherwise publish on the Site any materials that (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. LYCHEE LINE reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason.

Access to this Site.
LYCHEE LINE may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems or operations. You shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your systems, software or data.

Disclaimers.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE, AND OF ALL MERCHANDISE PURCHASED THROUGH THIS SITE, IS AT YOUR SOLE RISK.

LYCHEE LINE PROVIDES THIS SITE, ITS CONTENTS AND ALL MERCHANDISE PURCHASED THROUGH THIS SITE ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION OR CONTENT INCLUDED ON THIS SITE, WITH RESPECT TO OPERATION OF THIS SITE, OR WITH RESPECT TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY GOODS PURCHASED THROUGH THIS SITE. LYCHEE LINE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

LYCHEE LINE WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY GOODS PURCHASED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF LYCHEE LINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LYCHEE LINE’S AND/OR ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’, AND ATTORNEYS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1.00. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

Indemnification.
You hereby indemnify, defend, and hold harmless LYCHEE LINE and/or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and/or attorneys (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. LYCHEE LINE reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Infringement Notices and Takedown.
LYCHEE LINE prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property right, you should notify LYCHEE LINE of your infringement claim in accordance with the following procedure. LYCHEE LINE will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed infringement should be sent to one of this Site’s Designated Agents who are:

Natalie Parkington
lycheeline@lycheeline.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be aware that United States law provides significant penalties against those who submit such statements falsely.

PRIVACY POLICY

The Information We Collect.
You can visit this Site without telling us who you are or providing us with any information. If you choose to provide us with personally-identifiable information by participating in any survey, contest, promotion, posting any information on this Site, or purchasing any items through this Site, LYCHEE LINE may collect personally-identifiable information including, but not limited to, your name, mailing address, e-mail address, IP address (the location of your computer on the Internet), telephone number, fax number, billing information and any other personally-identifiable information that you may provide. Participation in the aforementioned activities is completely voluntary and you therefore have a choice whether or not to disclose this personally-identifiable information information. In addition, LYCHEE LINE may collect other information such as your browsing pattern on this Site and status of cookies (described below) placed on your browser by LYCHEE LINE. When you request information from LYCHEE LINE and supply information that personally identifies you or allows us to contact you, you are agreeing to share that information with LYCHEE LINE, its agents, representatives and affiliates.

Your privacy is important to LYCHEE LINE. LYCHEE LINE does not sell or license personal and identifiable information concerning its Site visitors to third parties. LYCHEE LINE may disclose your personally-identifiable information to third-parties if you consent. We may disclose your contact information to bona-fide owners of copyrights or other proprietary rights in response to allegations of infringement resulting from information you have posted on this Site or otherwise provided to LYCHEE LINE. We may disclose personally-identifiable information if required to do so by law or in the good faith belief that such action is necessary to (1) comply with law or comply with legal process served upon us or our agents, representatives and affiliates, (2) protect and defend our rights or property or those of our users or (3) protect the personal safety of our users or the public. LYCHEE LINE would like to keep your personally-identifiable information accurate. Therefore, LYCHEE LINE allows you to correct or change any of your personally-identifiable information collected by us by replying to any LYCHEE LINE e-mail, or e-mailing lycheeline@lycheeline.com.

Cookies.
Lychee Line may use a feature of your internet web browser called a “cookie” to assign a unique identification to your computer. Cookies are files that your web browser places on your computer’s hard drive. Lychee Line may use cookies to tell us whether you have visited this site previously or to help us determine whether you came to this site from a particular link or banner advertisement.

Security.
Lychee Line takes steps to protect your personally-identifiable information. We use encryption when transferring your personally-identifiable information to keep it secure, maintain its quality, and protect it from misuse. Lychee Line employees with access to your personally-identifiable information are required to treat it confidentially. Lychee Line, however, cannot guarantee that unauthorized persons will not access your personally-identifiable information.

Transfer of Information Abroad.
This Site may be viewed anywhere in the world. Personally-identifiable information collected by Lychee Line may be transferred to Lychee Line offices located outside the United States of America. Some destination countries may not have laws that regulate the use and transfer of such information. By using this Site and posting information on this Site, you voluntarily consent to such transfer of information.

Children’s Online Privacy Protection Act.
Consistent with the Children’s Online Privacy Protection Act of 1998, we will never knowingly request or collect personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we receive actual knowledge that a subscriber to this Site is under the age of 13, we will remove all personally identifiable information about that person from our files.

Lychee Line does not sell products for purchase by children. We may, however, sell children’s products for purchase by adults. Lychee Line is not intended or directed to individuals under the age of 18.

GENERAL

Contact Us.
Please direct any questions about Lychee Line’s Terms of Use or Privacy Policy to:
Natalie Parkington
Lychee Line
lycheeline@lycheeline.com

Enforcement and Governing Law.
This Agreement is governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving Lychee Line. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Lychee Line may, in its sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement.
This Agreement constitutes the entire agreement between you and Lychee Line with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Lychee Line.