Terms of Service.
Luys provides each Platform and related programs and services (collectively, the “Services”) subject to your compliance with this Agreement, unless otherwise set forth on the Platform. This Agreement sets forth Luys’ policies with respect to its operation of the Services. BY USING THE SERVICES, YOU ARE REPRESENTING AND WARRANTING THAT: (A) YOU ARE A LEGAL RESIDENT OF THE UNITED STATES; (B) YOU ARE AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (C) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES (COLLECTIVELY, “DEVICE”); AND (D) YOU WILL ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT. If a Platform user is a minor in his or her jurisdiction of residence (“Minor”), his or her parent or legal guardian agrees to this Agreement with and on behalf of his or her Minor child.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. YOUR USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE USE OF THE SERVICES.
Certain programs or features offered by the Services, and certain areas within this and/or other Services may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those programs, services or areas. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or the Services. If there is an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
1. Privacy and Protection of Personal Information
Please review the Luys Privacy Notice to learn about our practices regarding the collection, use, disclosure and protection of personal information. By using any part of the Services you agree to the terms of the Luys Privacy Notice.
2. Accounts, Cancellation
If you register for an account to use the Services, you must complete the registration process specified on the Site or through the Mobile App by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and any loss caused by your failure to do so is your responsibility. After completing the registration process, you may be asked to choose a username and password. It is your responsibility to maintain the confidentiality of your password and account. You are also responsible for all activities that occur under your account. You agree to notify Luys immediately of any unauthorized use of your account. Luys is not liable for any loss that you may incur as a result of someone else using your password or account. We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach the Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part.
You may cancel your account at any time by notifying Customer Service via the Site.
3. Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. LUYS AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING THE SITE, THE MOBILE APP AND THEIR CONTENTS (THE “LUYS PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE LUYS PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. LUYS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE LUYS PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.
LUYS IS NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LUYS’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
4. Limitations on Liability
In no event shall Luys be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained in the Services or any materials or content obtained through the Services; (vi) any transactions entered into through the Services, (vii) any property damage including without limitation damage to your Device or computer system caused by viruses or other harmful components during or on account of access to or use of the Services, including any site to which the Services provide hyperlinks; or (viii) damages otherwise arising out of your use of or access to the Services, or the content of any site or sites linked to from the Services. These limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Luys has been advised of the possibility of damages. In no event shall Luys’ liability exceed the total amount paid by you to Luys, if any, for accessing the Services.
You agree to defend, indemnify and hold harmless Luys from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of the Services and/or any software. You agree to cooperate fully with Luys in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement. You will not settle any claim without the prior written consent of Luys.
6. Modification/Termination of the Services
Luys may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof at any time for any reason with or without notice to you.
If your account is cancelled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Luys shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services.
Except where otherwise provided, the Services are currently available without charge. Luys reserves the right to charge a fee for access to or use of the Services, including the Site, the Mobile App and any other services available through the Services, at any time in the future, and Luys will notify you before it does so. Your access to or use of the Services before such time does not entitle you to access or use without charge in the future.
7. External Sites
8. Software and Downloads Available Through the Services
Any software that is made available in connection with the Services, including applications (such as the Mobile App), podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Luys and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use in the United States and is governed by the terms of the end user license agreement, if any, which accompanies the Software. Luys has no liability with respect to any Software owned or controlled by third parties.
9. Widgets & Applications
Notice to Third Party Sites:
Any of our Materials made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.
You may choose, at your sole and absolute discretion and risk, to use applications that connect a Platform or your profile on a Platform with a third party site or vice versa (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your Platform profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Platform accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Luys has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Luys harmless for the sharing of information relating to your Platform accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
10. User Code of Conduct
Unless otherwise specified, in accessing and using the Services, you agree that you will not:
Submit any junk email, bulk email (also known as “spam”), chain letters, or solicit participation in any pyramid schemes.
Submit any unsolicited advertisements, promotional materials, surveys or contests (unless it is on a page that explicitly states that such postings are allowed on that page).
Submit any unlawful postings to or through the Services, or any postings which advocate unlawful activity.
Submit, or provide links to, any postings containing material that
could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability
is defamatory, false or libelous
infringes or violates any intellectual property or other right of any entity or person.
Submit any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
Impersonate another person or entity or misrepresent your affiliation with a person or entity or adopt a false identity if the purpose of doing so is to deceive or defraud another.
Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
Submit any posting containing personal information of others unless authorized to do so, such as phone numbers, social security numbers, account numbers, addresses or employer references.
Use this service in any manner which could damage, overburden or interfere with the use of the Services or other users’ Devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this the Services, including by collecting information about others such as email addresses.
11. Interactive Services and User Materials
The Services may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Services”). The Interactive Services may be covered by Additional Terms, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in Luys’ sole discretion. You are solely responsible for your interaction with other users of the Platforms, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
Luys does not control and is not responsible for any information or other materials delivered through the Services by you or other users, including any personal information and feedback data such as questions, comments and suggestions regarding the Services or any portion of the Services, links to external websites or any other user generated content (collectively, “User Materials”). Luys is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Luys reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Luys is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.
You are solely liable for all User Materials delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by Luys will not violate the rights of any third party.
The information and opinions expressed in User Materials are not necessarily those of Luys or its content providers, advertisers, sponsors, affiliated or related entities, and Luys makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. Luys does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. Luys has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that the Site is “public,” and in addition to the license granted to Luys, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Materials which violate this Agreement, please contact us at via the relevant website. Please provide as much detail as possible, including a copy of the underlying material, the location where Luys may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and Luys will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow in the instructions set forth in the section entitled “Copyright Infringement.”
We choose only to receive unsolicited content or suggestions under certain terms and conditions and only if it is submitted in certain formats. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently or which may be under current development. If you submit any unsolicited content or suggestions to us other than in the above manner, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that Luys, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.
12. Mobile Devices
Through use of the Mobile App, or by other means available through the Services, you may be able to: (a) upload content to the Site via your mobile Device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile Device and/or (d) access certain features you have downloaded and installed on your mobile Device (collectively the “Mobile Services”). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile Device, as applicable). You must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile Device that is in working order and suitable for use in connection with the Services. You must ensure that your Device and/or software does not disturb or interfere with the Services, including the Mobile App or the Site’s operations. Any equipment or software causing interference will be immediately disconnected from the Services, and Luys may immediately suspend or terminate your further use of the Services. If any upgrade to the Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Services will be subject to the terms and conditions of this Agreement. You agree to comply with any applicable laws in your use of the Services.
13. Third-Party Merchants
14. Advertisements, Sponsorships, Co-Promotions and Other Partnerships
Luys may display or link to advertisements for the goods and services of a third party on or through the Services, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Luys does not endorse or warrant, and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of, any such goods or services advertised, promoted or displayed through the Services.
15. International Use/U.S. Export Controls
Accessing materials through the Services by certain persons in certain countries may not be lawful, and Luys makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.
The United States controls the export of any software downloadable from the Services. No software or any other materials, data or content associated with the Services, if any, may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
1. This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
2. The parties will attempt in good faith to resolve any dispute, controversy or claim relating to or arising out of this Agreement by confidential mediation in accordance with the then current CPR Mediation Procedure of the CPR International Institute for Conflict Prevention & Resolution, provided, however, that the parties are not required to select a mediator from the CPR panel of neutrals. The mediation shall occur in San Jose, California. If the matter has not been resolved through mediation within thirty (30) days of appointment of the mediator, or if either party will not participate in a mediation, then either party may initiate litigation or otherwise pursue whatever remedies may be available to such party. The parties agree that the exclusive jurisdiction for any litigation arising out of or related to this Agreement shall be the federal courts or California state courts located in San Jose, California.
3. The procedures specified in this section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to this Agreement. Provided, however, that a party may seek a preliminary injunction or other preliminary judicial relief if in its judgment such action is necessary to avoid irreparable damage. Despite such action the parties will continue to participate in good faith in the mediation procedure specified in this section.
4. If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain unaffected and in full force and effect.
5. The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right.
6. Unless expressly provided otherwise, this Agreement and any applicable Additional Terms are the entire agreement between you and Luys with respect to the use of the Services and Content and shall not be modified except in writing, signed by an authorized representative of Luys.
7. All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.
If you have any questions concerning this Agreement or the Services, please contact us through our Site or Mobile App.
17. Copyright & Trademark Notice
Use of Intellectual Property
The Services, and all of its contents, including but not limited to text, photographs, graphics, video and audio material, software, Luys logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Luys or by other parties that have provided rights thereto to Luys. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks owned by or licensed to and are proprietary to Luys, or other respective owners that have granted Luys the right and license to use such Marks where necessary.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of Luys. Notwithstanding the foregoing, you may view, store, print, reproduce and distribute pages within the Services solely for your personal or internal, non-commercial purposes, provided that (a) no such pages are modified, and (b) this page and any notice in such pages regarding use or ownership are included with such stored, reproduced or distributed pages.
Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by Luys, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame the Site, or any web page or material contained within the Services, nor may any entity include a hyperlink to any aspect of the Services in an email for commercial purposes, without the express written permission of Luys.
Copyright and Other IP Infringement
Luys respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through the Services you are granting permission to have such User Materials posted on the Site or via any other of the media channels used for the Services, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Luys reserves the right to remove access to infringing material. Such actions do not affect any other rights Luys may have under law or contract.
Other Intellectual Property. If you believe that any content on a Platform violates your exclusive rights other than copyrights, please provide Luys at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please submit a complaint regarding content on the Platform.
General Rights Information.It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
We will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
Please note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Do not make false claims!
Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
18. Changes to This Agreement
Luys reserves the right, in its sole discretion, to change this Agreement and/or the Additional Terms at any time. Luys will endeavor to provide notice of any material change to this Agreement on the Site or through the Mobile App but whether or not it provides such notice, your continued use of this the Services constitutes your agreement to be bound by any changes to the Agreement. Please review this Agreement and/or the Additional Terms periodically for changes.