Privacy and Terms of Service

Terms Of Service 

Last updated: December 9, 2020

This Terms of Service Agreement (“Terms”) governs your use of Liba Inc. (“we,” “our” or “us”) websites, branded pages on third party platforms (i.e., social networking services), mobile applications, and through our direct marketing campaigns or other online communications, as well as offline through our Member Services Team, events, physical retail locations, and mobile messaging services (collectively, “Liba Services”), and your purchase of the Memberships and Products sold through Liba services. By using Liba services, you agree, without limitation or qualification, to be bound by these Terms and the Liba Privacy Policy. If you do not agree, please do not use Liba services. 

Liba may revise these Terms at any time. Your continued usage of Liba services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on Liba services are protected by law, including, but not limited to, United States copyright laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing Liba services for any reason.

PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH LIBA ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.

 

1. ELIGIBILITY

You must be 18 years of age or older to visit or use Liba services in any manner. By visiting and/or using Liba services or accepting the Terms, you represent and warrant to Liba that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to Liba that you will use Liba services in a manner consistent with any and all applicable laws and regulations.

 

1. USE OF LIBA SERVICES

2.1 Use Restrictions

The content on Liba services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from Liba's licensors, and any other materials displayed through Liba services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Liba or its licensors. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Liba or its licensors. 

Liba authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2020, Liba, Inc. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on Liba services may be included elsewhere within Liba services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Liba and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

So long as you are in compliance with these Terms, Liba grants a non-exclusive limited, non-transferable license to use Liba services. You may not distribute or make Liba services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense Liba services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Liba services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by Liba that replace and/or supplement the original Liba services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without Liba’s written permission, “mirror” any Contents contained in the Liba services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to, use Liba services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of Liba services or Contents; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by Liba services or Contents or otherwise attempt to gain unauthorized access to any portion of Liba services or Contents or any other systems or networks connected to Liba services, or to any server of Liba or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to Liba user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) is for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies. 

Liba reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, Liba services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

2.2 User Submissions

The personal information you submit to Liba is governed by the Liba Privacy Policy. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (Section 2.3 below), Liba does not claim ownership of any information or material a user provides to Liba or posts, uploads, inputs, submits, or transmits to Liba services (“Submission(s)”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collects information about others, including email addresses, without their consent; (g) post the same note more than once or “spamming”; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying Liba services, or which, in the judgment of Liba, exposes Liba or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Liba. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Liba a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Liba is not required to use any Submission.

You are solely responsible for your Submissions, the consequences of making a Submission, and your reliance on any Submissions. Liba is not responsible for the consequences of any Submission. Liba is not responsible for screening or monitoring Submissions made to Liba services by users. If notified by a user of a Submission allegedly in violation of these Terms, Liba may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Liba will have no liability or responsibility to users for performance or nonperformance of such activities.

Liba reserves the right (but is not obligated) to: (a) record the dialogue on Liba services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of Liba services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on Liba services, regardless of whether such Submission violates these Terms.

2.3 Submission of Ideas

Liba policy is to not accept, review, or consider unsolicited ideas, original creative artwork, suggestions or other works (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names) (collectively, “Ideas”). Please do not submit any Ideas in any form to Liba. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Liba's products, services or marketing strategies might seem similar to ideas submitted to Liba.

Notwithstanding such policy, any Idea that is offered or communicated to us through Liba services or otherwise shall be the property of Liba, and may be treated by Liba as non-confidential information. You agree that: (a) any Idea (including its complete contents) by you to Liba will automatically become the property of Liba, without any compensation to you; (b) Liba may use or redistribute any Idea and its contents for any purpose and in any way, without any compensation to you; (c) Liba has no obligation to review any Idea; and (d) Liba has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, Liba.

2.4 Your Account

If you use Liba services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Liba reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.

 

3. LIABILITY OF LIBA AND ITS LICENSORS AND PARTNERS

The use of Liba services, including the Contents, is at your own risk. The Contents in Liba services could include technical inaccuracies or typographical errors. Liba may make changes or improvements at any time. 

THE CONTENTS AND LIBA SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIBA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LIBA DOES NOT WARRANT THAT LIBA SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT LIBA SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIBA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN LIBA SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LIBA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LIBA ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF DATA, DAMAGE TO PROPERTY AND EXPENSES, LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY LIBA, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.

4. CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES

Liba services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”).  Liba does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Liba is not responsible for the Third-Party Pages or any Third-Party Applications accessed through Liba services. You agree that Liba shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on Liba services.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on Liba services does not indicate Liba's approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third-party on Liba services, or based on such third-party’s participation or presence on Liba services, are solely between you and the third party. Liba makes no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website. If you choose to leave Liba services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

5. INDEMNITY

You agree to defend, indemnify, and hold Liba, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Liba Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of Liba services and/or Contents, or your violation of these Terms. Liba reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate in asserting any available defenses.

6. MODIFICATION OR SUSPENSION OF LIBA SERVICES

You agree that Liba may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of Liba services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

 

7. GENERAL

Liba makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access Liba services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of Liba and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.

 

8. CHOICE OF LAW

These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

9. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL         BASIS; CLASS ACTION WAIVER

Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with Liba and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at support@LibaUSA.com or

Liba ,

Attn: Customer Service,

Liba Inc.

4790 Irvine Blvd., Suite 105-3

Irvine, CA 92620

California corporation

In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.

Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Liba or Liba's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Liba may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND LIBA ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate.   The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.

You and Liba must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) Liba will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Liba will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.

Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.

 

10. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION

If you believe any Submission accessible on or from Liba services infringes your copyright, you should notify Liba of your infringement claim in accordance with the procedures below:

- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;

- Your name, address, telephone number, and (if available) email address;

- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;

- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and

- A signature or the electronic equivalent from the copyright holder or authorized representative.

We will process each notice of alleged infringement that Liba receives and take appropriate action in accordance with applicable intellectual property laws. 

Attention: Copyright Agent Liba Inc. 4790 Irvine Blvd., Suite 105-3 Irvine, CA 92620 California corporation

In an effort to protect the rights of copyright owners, Liba maintains a policy for the termination, in appropriate circumstances, of users of Liba services who are repeat infringers.

   

11. 11. SEVERABILITY

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Liba to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.

 

1. COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Liba on Liba Services, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and Liba with respect to the use of Liba services and Contents.

Privacy Policy

Last updated:  December 8, 2020

This Privacy Policy applies to information collected by Liba Inc. (“we,” “our,” or “us”) in connection with the products and services that Liba offers.  This includes information collected online through our websites, branded pages on third party platforms (i.e., social networking services), mobile applications, and through our direct marketing campaigns or other online communications.

This Privacy Policy explains how information may be used, disclosed, or collected through Liba services, how we safeguard it, and how you may access and control its use in connection with our marketing communications and business activities. By using Liba Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy.  If you do not, please do not use the Liba products.

This Privacy Policy is hereby incorporated into the terms and conditions of use of the Liba. By purchasing from Liba, you also agree to the Terms of Use.

1. PERSONAL INFORMATION COLLECTION

When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as “Personal Information.” This Personal Information includes the following categories: 

   - Identifiers/Contact Information: These include your name, age, postal and email address, phone   number, username, encrypted password, and unique identifiers that may identify your device or browser but not you by name.

   - Protected Classifications: Your gender and parental status.

   - Geolocation Data: Data about the location of the device you use to access the Liba as more fully described below.

   - Commercial Information: Your purchase and usage history, goods and service preferences, payment and account information, wallet balance, and billing dates.

   - Internet/Electronic Activity: Your IP address, web/app browsing and search history related to our Services, and information regarding your interaction(s) with the Services or Liba advertising.

   - Education and Professional Information: Education level and income level.

   - Inferences: The inferences that we draw from the above categories of Personal Information and web activity to create a personalized profile so we can better identify goods and services that may be of interest.

As provided in more detail below, we collect Personal Information from a variety of sources, including from:

   - Internet service providers

   - Data analytics providers

   - Operating systems and platforms

   - Social networks

   - Data Aggregators, and

   - From you directly

Personal Information You Provide To Us

When you use Liba services, we may ask you to provide certain Personal Information to obtain our products or use our services.  For example, we may ask for Personal Information when you register to create an account, update your Personal Information, sign up for a membership or subscription, use certain features, access, upload or download content, purchase products or services, enter into sweepstakes or other promotions, register or participate in a competition, fill out a survey, request customer support, or otherwise communicate with us.  

We (or our service providers or business partners) may collect Personal Information that relates to you, such as your name, e-mail address, telephone number, mailing address, date of birth, gender, and demographic information.     

Personal Information You Provide When You Participate in an Online Survey or Other Research.  We may also collect Personal Information you provide us in connection with participating in an online survey or as a research panel participant.  This may include, but may not be limited to, information about your shopping habits, lifestyle preferences, interests and hobbies, health, physical or behavioral characteristics, or other demographic information, as well as photos, videos, and other user-generated content. 

Personal Information You Provide When You Make a Purchase. If you make a purchase from us, you will be required to provide a credit/debit card number and related financial information (such as CVV, expiration date, and billing address), or other payment information (such as via PayPal or Apple Pay), depending on the form of payment you choose.

Personal Information You Provide about a Third Party. You may decide to provide us with another person's information (such as name, email, address, or phone number) so that we may recommend or send products or services to such person, or so that we may facilitate your communication with other people. Local law may require you to seek the consent of your contacts to provide their Personal Information to Liba (or in connection with using Liba services), which may in turn use that information in accordance with the terms of this Privacy Policy. Where required by law, we will obtain the required consent from the person whose information you provided to us.

Personal Information You Provide Through Social Media. You may also be given the option to link to your Facebook or other social media accounts through Liba services. When you do, we may automatically receive certain Personal Information from you based upon your privacy settings on those sites. This may include, but may not be limited to, name, user name, demographic information, updated address or contact information, location, interests, and publicly-observed data, such as from social media and online activity.

Personal Information Collected Automatically

Whenever you visit or interact with Liba services, Liba, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about your online activity. This Personal Information may be collected in the following ways:

Usage Information: We may use cookies, web beacons, pixel tags, mobile analytics software, log files, or other technologies to collect certain information about your online activity, and interactions with our emails, online and mobile advertisements, and to allow us to keep track of analytics and certain statistical information which enables Liba to improve the Liba services and provide you with more relevant content and advertising offered by Liba, or through or linked from the Liba services.

For example, we may automatically collect certain information from you, including your browser type, mobile device manufacturer, mobile carrier, phone number, operating system, activations, content, products or services you purchase or access, the page served and the preceding page views or websites visited, any mobile device activity and configurations, and email client. We may also automatically collect information about your use of the Liba services, including the date and time you visit Liba, use or click through to any of the Liba services, the areas or pages of Liba that you visit, the amount of time you spend viewing or using Liba Services, the number of times you return to Liba services, other click-stream or site usage data, emails that you open, forward or click-through to our Liba services, and other sites that you may visit.

Device Information. We may automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, tablet or other device (collectively, “Device”) you use to access the Liba services, including the hardware model and mobile network information. We may use a Device Identifier to, among other things, provide Liba services, help diagnose problems with our servers, analyze trends, track users’ web page, email and mobile application movements/activities, help identify or gather broad demographic information for aggregate use, and retarget online and mobile advertisements to you across computers or devices you may use.

Geolocation Information: We may collect information about the location of your Device when you access or use the Liba services. In addition, if you choose to turn on your Bluetooth, Wi-Fi or other geolocation functionality when you use our mobile applications, we may collect and use your geolocation information.

Third Party Service Providers. We may use third party service providers to support Liba services.  Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, or other technologies to receive, collect, and store Personal Information on our behalf.

Third Party Analytic Technologies. We may use third parties’ analytics and tracking tools, such as Google Analytics, Adobe Marketing Cloud services, Facebook Custom Audience and others, to help us track, segment and analyze usage of the Liba services, and to help us or those third parties serve more targeted advertising to you on Liba services and across the Internet. These tools may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or other technologies to track online activity. They may also combine information they collect from your interaction with Liba services with information they collect from other sources. We do not have access to, or control over, these third parties’ use of cookies or other tracking technologies.

Personal Information Received from Other Third Parties

We may obtain information about you from other trusted third party sources to update or supplement your Personal Information. This includes, for example, information from public databases or data aggregators or brokers that may include your demographic information, media consumption, previous purchases, shopping habits, loyalty program information or lifestyle preferences. We may also receive Personal Information about you from our partners and service providers (including, for example, business partners, analytics vendors, advertising networks and search information providers).  

We may use this information to help us maintain the accuracy of the information we collect, personalize your experience with Liba services, target our communications so that we can inform you of products and services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business purposes.

Combination of Personal Information

We may combine the Personal Information we receive from you and about you, including Personal Information you provide to us and Personal Information we automatically collect through Liba services, as well as Personal Information collected across other computers or devices that you may use, from other online or offline sources, and from third party sources. This combined Personal Information may be used in any manner detailed in this Privacy Policy.

 

2. HOW WE USE THE PERSONAL INFORMATION COLLECTED

We may use the Personal Information about you for a variety of business purposes, including for example:

 For Customer Service and Transactional Purposes, such as to:

   - respond to your questions or requests and provide customer service;

   - manage your account and registration;

   - troubleshoot issues, bugs or defects related to your account or activities;

   - provide you with access to certain features of Liba services;

   - validate, confirm, verify, deliver, and track your order (including to arrange for shipping, handle returns and refunds, and contact you about your orders, including by telephone), and send you related information, coupons, products or samples;

   - verify your identity or communicate with you about your activities with respect to Liba services;

   - to use and disclose your credit, debit, or payment card or other financial information to process payments and prevent fraud;

   - contact you with regard to your use of Liba services and, in our discretion, changes to any Liba policy;

   - develop new products or services and to enhance current products and services; and

   - protect the security or integrity of Liba services and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users.

For Commercial Purposes, such as to:

   - perform market research, understand the effectiveness of our competition or promotions and Liba services analytics and operations;

   - provide you with customized content, advertisements, offers and promotions offered by Liba or on behalf of our partners and affiliates, and provide news and other information we think will be of interest to you on or outside of Liba services, in emails and across third-party websites;

   - link or combine with Personal Information we receive from others to help understand your needs, use for interest-based or targeted advertising or re-targeting on your computers or other devices, and to provide you with better service; and

  - communicate with you, either directly or through one of our partners (e.g., through Facebook Custom Audience, Google Customer Match, Twitter Match, etc.) for Liba marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.

We may also use Personal Information you provide to us for other purposes as disclosed at the time you provide your Personal Information or otherwise with your consent.

 

3. SHARING OF PERSONAL INFORMATION 

The Personal Information collected or generated through your use of Liba services may be shared by you or by us as described below.    

Sharing of Personal Information by You

The Liba services offer many ways to find, enjoy, and share content.

Your activity in connection with Liba services, such as filling out surveys, reviewing and rating products, inquiring about or purchasing products, participation in online communities, “liking” or “sharing” Liba content to your social media accounts or pages or otherwise interacting with Liba services, may be visible to other users of Liba services and in some cases, publicly available.

Sharing of Personal Information by Us

We may share the Personal Information collected from or about you for the following business purposes:

With Our Affiliates. We may share your Personal Information with our subsidiaries and affiliated companies for internal reasons, primarily for business and operational purposes.  

Third Party Service Providers. We may share your Personal Information with third party service providers that provide business, professional or technical support functions on our behalf. This includes, but may not be limited to, service providers that host or operate Liba services; process payment; analyze data; provide customer service; provide postal or delivery services, and administer or participate in any promotions.

Sweepstakes, Contests, and Promotions. If you choose to enter into one of our sweepstakes, contests, or other promotions (a “Promotion”) we may disclose your Personal Information to third parties or the public in connection with the administration of such Promotion, as required by law, as otherwise permitted by the Promotion’s official rules, or otherwise in accordance with the terms of this Privacy Policy.

Business Transfers.  In the event that another entity acquires us or all or substantially all of our assets, or assets related to Liba services, your Personal Information may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such Personal Information may be considered an asset of ours and as such may be sold or transferred to third parties. Finally, Personal Information described in this paragraph may also be disclosed for due diligence purposes in connection with any proposed transaction of the sorts described in this paragraph.

Legal Disclosures; Safety. Liba may transfer and disclose your Personal Information to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, users of Liba or the public.

Aggregate or Anonymous Non-Personal Information. We may also share aggregate or anonymous (de-identified) information with third parties for their marketing or analytics uses.  Such information does not contain personal information. We may also share your information for the following limited commercial marketing purposes:

Other Third Parties. Your Personal Information may also be shared with our sponsors, partners, advertisers, advertising networks, advertising servers, and analytics companies or other third parties in connection with marketing, promotional, and other offers, as well as product information. Your Personal Information may also be shared with third parties we identify at the time you provide your Personal Information or otherwise with your consent.

 

4. YOUR CHOICES AND OPT-OUT

Certain parts of Liba services require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features through Liba or take full advantage of all of our offerings. Please refer to your Web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

Our system may not respond to Do Not Track requests or headers from some or all browsers. We may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use.  

We, or other parties we do business with, may place or recognize unique cookies or other technologies on your browser when you visit Liba Services to collect information about your use of Liba Services and your other online activities over time and across different websites and apps, and may use that information to serve interest-based advertisements to you as you browse the Internet. To learn more about such interest-based advertising, please review the information below:

- To opt-out of such collection and use for online behavioral advertising by the Digital Advertising Alliance (DAA) participating companies in the United States, please visit: http://www.aboutads.info/choices/; DAA AppChoices http://www.aboutads.info/appchoices/.  

- To opt-out from the use of information about your online activities for online behavioral advertising by NAI member companies, visit: http://www.networkadvertising.org/choices/. Please note that even if you opt-out, you may still receive advertisements from Liba that are not customized based on your Usage Information. 

- To learn how to manage privacy and storage settings for Flash cookies, please visit: https://www.adobe.com/support/documentation/en/flashplayer/help/settings_manager.html. 

Access and Updates to Your Personal Information:

If you wish to verify, correct, or update any of your Personal Information in your Liba account, you may visit your Account Page or contact us at the address or e-mail in the Contact Us section below. California residents may exercise their rights to access or delete Personal Information according to the instructions in the “Your California Privacy Rights” Section below.

Unsubscribing from Communications by Us:

We provide our customers with the opportunity to opt-out of having their Personal Information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product order or servicing of your product. To opt-out of marketing communications, you may:  

- Send us an e-mail at support@libausa.com  

- Contact us by mail at Liba Inc. 4790 Irvine Blvd., Suite 105-3

Irvine, CA 92620 California corporation, or

- Unsubscribe from our marketing email communications at any time by unsubscribing or following the instructions contained within the email.

 

Your California Privacy Rights:

 

 

Access and Deletion Requests

California residents have the right to know what Personal Information that Liba collected, disclosed, and sold about them.  In particular, they may:

Request, up to two times each year, that we disclose to you:

   - the categories and specific pieces of Personal Information that we collected about you in the preceding 12 months, the business purpose for such collection, and corresponding categories of sources from which we collected the information,

   - the categories of Personal Information, and the categories of third parties to whom we disclosed your Personal Information in the preceding 12 months, and the business or commercial purpose for such disclosure,

   - the categories of Personal Information and the categories of third parties to whom we sold your Personal Information in the preceding 12 months, and the commercial purpose for such sale.

Request that we delete any Personal Information that we have collected from or about you.  Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.

 

Agent Requests

You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf, and that they are registered with the California Secretary of State to conduct business in California, or must demonstrate they have power of attorney pursuant to applicable probate law. Liba retains the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s personal information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention. 

 

5. CHILDREN'S PRIVACY

Protecting children’s privacy is important to us. We do not direct Liba services to, nor do we knowingly collect any Personal Information from, children under the age of sixteen.  If Liba learns that a child under the age of sixteen has provided Personal Information through Liba services, we will use reasonable efforts to remove such information from our files.

 

6. SECURITY OF YOUR INFORMATION 

We use certain reasonable security measures to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure.  Please note that we cannot ensure or warrant the security of any information you transmit to us. You use Liba Services and provide us with your information at your own risk.  If we share information with a third party, as detailed in this privacy policy, we shall use all reasonable efforts to ensure that they keep the information secure and only use the information consistent with the terms of this Privacy Policy.

 

7. OTHER SITES 

Liba services may contain links to other sites that we do not own or operate. This includes links from service providers, fulfillment companies, advertisers, sponsors, or other business partners that may use our logo(s) as part of a co-branding agreement. We are not responsible for these sites or their content, products, services or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of Liba services (including those linked to through an email or social networking page).

 

8. CONSENT TO PROCESSING & INTERNATIONAL TRANSFERS

Liba is a global business and it, or its service providers, may process, transfer and store information about our users on servers located in a number of countries, including the United States. As a result, your Personal Information may be subject to data protection and other laws that may differ from your country of residence. Your Personal Information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. By using Liba services, or by providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen.

 

9. CHANGES & OTHER LIBA PRIVACY POLICIES 

 

Any changes we may make to our Privacy Policy will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy. If you do not agree or consent to these updates or changes, do not continue to use Liba services. If we make a material change to this Privacy Policy, we will provide appropriate notice to you.

In addition to this Privacy Policy, there may be specific campaigns or promotions which will be governed by additional privacy terms or policies. We encourage you to read these additional terms or policies before participating in any such campaigns or promotions as you will be required to comply with them if you participate. Any additional privacy terms or policies will be made prominently available to you. 

 

10. CONTACT US

If you have any questions or concerns regarding this Privacy Policy, please contact us at:

Attn: 

Liba Inc.

4790 Irvine Blvd., Suite 105-3

Irvine, CA 92620

California corporation

E-Mail: support@libausa.com