Loungofly Terms of Use

These Terms of Use (“Terms”) govern your access to and use of Loungofly.com (the “Website”), including all content, features, and services offered on or through the Website (e.g., browsing products, creating an account, placing orders, subscribing to newsletters). By accessing or using the Website, you (“User” or “you”) agree to be bound by these Terms, as well as our Privacy Policy, Terms of Purchase, and other posted policies (all available on the Website). If you do not agree to these Terms, do not access or use the Website.

1. Eligibility

  • To use the Website, you must be at least 13 years old. If you are under 18, you may use the Website only with the consent and supervision of a parent or legal guardian, who shall be responsible for your compliance with these Terms.
  • By using the Website, you represent and warrant that you have the legal capacity to enter into these Terms (or that your parent/guardian has consented to your use and agrees to these Terms on your behalf).
  • Loungofly reserves the right to restrict access to the Website for users who violate these Terms or engage in fraudulent, unlawful, or harmful activity.

2. User Accounts

  • Account Creation: To access certain features (e.g., tracking orders, saving payment methods, viewing order history), you may need to create a Loungofly account. When creating an account, you must provide accurate, current, and complete information (e.g., name, email address, password) and update this information as needed to keep it accurate.
  • Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. Immediately notify Loungofly at [email protected] if you suspect any unauthorized use of your account or a breach of security. Loungofly shall not be liable for any loss or damage arising from your failure to protect your account credentials.
  • Account Termination: You may delete your account at any time by contacting customer support. Loungofly may also suspend or terminate your account (without prior notice) if you violate these Terms, engage in fraudulent activity, or if we determine your account is no longer active or valid.

3. Permitted Use of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. Permitted uses include:

  • Browsing the Website to view pop culture-themed backpacks, wallets, apparel, and accessories.
  • Creating an account to manage orders, save preferences, and receive updates.
  • Placing orders for Products in compliance with our Terms of Purchase.
  • Subscribing to newsletters or promotional communications (with the option to unsubscribe at any time).
  • Sharing Website content (e.g., product links, blog posts) through authorized channels (e.g., social media) for non-commercial purposes, provided you credit Loungofly and do not alter the content.

4. Prohibited Uses

You may not use the Website for any unlawful, harmful, or unauthorized purpose. Prohibited activities include, but are not limited to:

  • Accessing or attempting to access restricted areas of the Website (e.g., admin portals) without authorization.
  • Using automated tools (e.g., bots, scrapers, crawlers) to collect, copy, or extract content from the Website, or to interfere with Website functionality.
  • Uploading, posting, or transmitting any content that is illegal, defamatory, harassing, offensive, obscene, or infringes on the intellectual property rights of others.
  • Attempting to disrupt or damage the Website (e.g., through viruses, malware, or denial-of-service attacks).
  • Creating multiple accounts to manipulate promotions, avoid restrictions, or engage in fraudulent activity (e.g., fake orders, stolen payment methods).
  • Using the Website to sell, resell, or distribute Products for commercial gain without Loungofly’s prior written permission.
  • Violating any applicable laws, regulations, or third-party rights (e.g., privacy laws, intellectual property laws).

5. Intellectual Property Rights

  • Loungofly’s Intellectual Property: All content on the Website, including but not limited to logos, trademarks, product designs, images, text, graphics, software, and pop culture-inspired motifs, is the exclusive intellectual property of Loungofly or its licensors (e.g., pop culture franchise owners). These rights are protected by copyright, trademark, and other intellectual property laws worldwide.
  • License to Use: Loungofly grants you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes, subject to these Terms. This license does not include the right to reproduce, modify, distribute, sell, or exploit any Website content without Loungofly’s explicit written permission.
  • Third-Party Intellectual Property: Some content on the Website may feature trademarks, copyrights, or other intellectual property owned by third parties (e.g., pop culture characters from movies, comics, or games). These are used with permission from the respective owners, and you may not use them without the third party’s consent.

6. Website Content & Availability

  • Content Accuracy: Loungofly strives to provide accurate, up-to-date content on the Website (e.g., product descriptions, pricing, availability). However, we do not warrant that content is error-free, complete, or current. Prices, product details, and availability may change without notice. If you discover an error, please contact us at [email protected] so we can correct it.
  • Website Availability: Loungofly makes reasonable efforts to keep the Website accessible 24/7, but we do not guarantee uninterrupted or error-free access. The Website may be temporarily unavailable for maintenance, updates, or due to technical issues (e.g., server outages). Loungofly shall not be liable for any loss or inconvenience caused by Website downtime.
  • Third-Party Links: The Website may contain links to third-party websites (e.g., social media platforms, payment processors). These links are provided for convenience only, and Loungofly does not endorse or control the content of third-party sites. Your use of third-party sites is governed by their respective terms of service and privacy policies, and Loungofly shall not be liable for any damages arising from your use of these sites.

7. Privacy & Data Protection

Loungofly collects, uses, and protects your personal information in accordance with our Privacy Policy. By using the Website, you consent to the collection and use of your data as described in the Privacy Policy, including but not limited to:

  • Information you provide when creating an account or placing an order (e.g., name, email, shipping address).
  • Automatically collected data (e.g., IP address, browsing activity, cookies) to improve Website functionality and personalize your experience.
  • Sharing data with trusted third parties (e.g., payment processors, shipping carriers) to fulfill orders and provide services.

For more details on how we protect your privacy, please review our full Privacy Policy.

8. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LOUNGOFLY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF WEBSITE CONTENT OR PRODUCT DESCRIPTIONS.

LOUNGOFLY DOES NOT WARRANT THAT PRODUCTS WILL MEET YOUR EXPECTATIONS OR THAT ANY DEFECTS WILL BE CORRECTED, EXCEPT AS SET FORTH IN OUR REFUND POLICY OR WARRANTY POLICY (IF APPLICABLE).

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOUNGOFLY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO:

  • DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE.
  • DAMAGES ARISING FROM WEBSITE DOWNTIME, ERRORS, OR OMISSIONS.
  • DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT.
  • DAMAGES ARISING FROM THE PURCHASE OR USE OF PRODUCTS (EXCEPT AS REQUIRED BY LAW OR SET FORTH IN OUR TERMS OF PURCHASE).

LOUNGOFLY’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS SHALL NOT EXCEED $100. THIS LIMITATION APPLIES EVEN IF LOUNGOFLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Loungofly, its officers, directors, employees, agents, and licensors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Website or violation of these Terms.
  • Your unauthorized use of Loungofly’s or third parties’ intellectual property.
  • Any content you upload, post, or transmit through the Website.
  • Your purchase or use of Products (except as caused by Loungofly’s negligence or breach of these Terms).

11. Changes to These Terms

Loungofly reserves the right to update or modify these Terms at any time. When we make changes:

  • We will revise the “Last Updated” date at the bottom of this page.
  • For significant changes (e.g., new prohibited uses, changes to liability limitations), we will notify you via email (if you have an account) or post a prominent notice on the Website homepage for 30 days before the changes take effect.

Your continued access to or use of the Website after the changes take effect constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

12. Governing Law & Disputes

  • These Terms shall be governed by and construed in accordance with the laws of the State of , United States, without regard to its conflict of laws principles.
  • Any dispute arising from or related to these Terms or your use of the Website shall first be resolved through good-faith negotiation between you and Loungofly. If negotiation fails, the dispute shall be submitted to binding arbitration in, California, in accordance with the rules of the American Arbitration Association. Arbitration decisions are final and binding on both parties.
  • You waive any right to participate in a class action lawsuit or class-wide arbitration related to your use of the Website.

13. Contact Us

If you have questions, concerns, or need to report a violation of these Terms, please contact our customer support team:

  • Email: [email protected] (we respond within 24–48 business hours, excluding weekends and holidays)
  • Website: Visit the “Contact Us” page on Loungofly.com for additional support options.