|Thank you for visiting the LYCHEE LINE, little lychee, and LYCHEE BOOKS
website (“Site”). By using this Site you agree
that your access to and use of this Site are subject to the
terms and conditions set forth in this legal notice containing
as well as all applicable laws. If you do not agree to this
Agreement and these terms, do not use this Site. This Site
may contain other proprietary notices and copyright information,
the terms of which must be observed and followed. Information
on this Site may contain technical inaccuracies or typographical
errors. Please read this Agreement carefully and be aware
that LYCHEE LINE may amend this Agreement at any time without
notice by posting the amended terms on this Site. Amendments
shall become effective thirty (30) days after the first day
LYCHEE LINE posts any such amendment on this Site. This Agreement
was last updated on January 1, 2013.
Age Restrictions on Use of the Site. LYCHEE LINE, little lychee, and LYCHEE BOOKS 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.
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, little lychee, or LYCHEE BOOKS. 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.
The trademarks, service marks and logos (the “Trademarks”)
used and displayed on this Site are registered and unregistered
Trademarks of LYCHEE LINE, little lychee, or LYCHEE BOOKS. 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, little lychee, or LYCHEE BOOKS. 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, little lychee, or LYCHEE BOOKS’ Trademarks requires
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, little lychee, and LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS, and that LYCHEE LINE
has no control over the content on that website, even if
LYCHEE LINE, little lychee, or LYCHEE BOOKS 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, little lychee, or LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS encourages you to read carefully all third-party
Postings and Submissions.
You acknowledge and agree that LYCHEE LINE, little lychee, and LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS and may be used by LYCHEE LINE, little lychee, and LYCHEE BOOKS 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.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE, AND OF ALL MERCHANDISE PURCHASED
THROUGH THIS SITE, IS AT YOUR SOLE RISK.
LYCHEE LINE, little lychee, and LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS 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.
You hereby indemnify, defend, and hold harmless LYCHEE LINE, little lychee, and LYCHEE BOOKS
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, little lychee, and LYCHEE BOOKS reserves the right, at its own expense, to assume the
exclusive defense and control of any matter subject to indemnification
Infringement Notices and Takedown.
LYCHEE LINE, little lychee, and LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS of your infringement claim in accordance with
the following procedure. LYCHEE LINE, little lychee, and LYCHEE BOOKS 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:
To be effective, the notification must be in writing and
contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
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.
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, little lychee, and LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS. When you request information from
LYCHEE LINE, little lychee, and LYCHEE BOOKS and supply information that personally identifies
you or allows us to contact you, you are agreeing to share
that information with LYCHEE LINE, little lychee, and LYCHEE BOOKS, its agents, representatives
Your privacy is important to LYCHEE LINE, little lychee, and LYCHEE BOOKS. LYCHEE LINE, little lychee, and LYCHEE BOOKS does
not sell or license personal and identifiable information
concerning its Site visitors to third parties. LYCHEE LINE, little lychee, and LYCHEE BOOKS
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, little lychee, and LYCHEE BOOKS. 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, little lychee, and LYCHEE BOOKS
would like to keep your personally-identifiable information
accurate. Therefore, LYCHEE LINE, little lychee, and LYCHEE BOOKS allows you to correct or
change any of your personally-identifiable information collected
by us by replying to any LYCHEE LINE, little lychee, and LYCHEE BOOKS e-mail, or e-mailing
LYCHEE LINE, little lychee, and LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS may
help us determine whether you came to this site from a particular link or
LYCHEE LINE, little lychee, and LYCHEE BOOKS 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.
of Information Abroad.
This Site may be viewed anywhere in the world. Personally-identifiable information
collected by LYCHEE LINE, little lychee, and LYCHEE BOOKS may be transferred to LYCHEE LINE, little lychee, and LYCHEE BOOKS 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.
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.
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.
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.
This Agreement constitutes the entire agreement between
you and LYCHEE LINE, little lychee, and LYCHEE BOOKS 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, little lychee, and LYCHEE BOOKS.