TERMS AND CONDITIONS
Effective Date: April 31, 2019
The following terms and conditions (“Terms and Conditions”) govern your use of The Lumineers’ website (the “Site”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting any such changes on the Site.
Proprietary Rights: As between you and Lumineers LLC (“Lumineers), Lumineers owns, solely and exclusively, all rights, title and interest in and to the Site, its content, including, without limitation, audio, video, and audiovisual material, photographs, illustrations, graphics, copy, lyrics, software, etc., code data and materials embodied therein, the look and feel, design and organization of the Site, content compilation and the like, (collectively “Content”) including, without limitation, copyrights, trademark, patent, database, moral rights, and other intellectual and proprietary rights. Your use of the Site does not grant any rights to you, including ownership of any Content you may access on the Site. You may view the Content on your computer or other device, and may make a single copy or print of the Content for your personal, non-commercial use only. Any commercial distribution, publishing or exploitation of the Site or any of the Content is strictly prohibited, without the express written permission of Lumineers. Any unauthorized use may subject you to legal liability under the laws of the United States, the applicable states and foreign countries. Lumineers take intellectual property rights very seriously and will enforce its rights to the fullest extent of the law.
Trademarks: The trademarks, logos, service marks and tradenames (collectively the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Lumineers, and others and may not be used without the express written permission of Lumineers or the applicable rights holder. Nothing set forth on the Site should be construed as granting any license or right to use the Trademarks. Any misuse of the Trademarks is strictly prohibited and all rights will be enforced to the fullest extent of the law.
User Conduct: You warrant and agree that while using the Site, you will not upload, post or transmit to the Site, or distribute or otherwise publish through the site any materials that are: (a) protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, deceptive, fraudulent; invasive or privacy or publicity rights, harassing, profane, obscene, vulgar , threatening or explicitly graphic with regard to sex or violence; (c) restrict or inhibit another user from using or enjoying the Site; (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability or (e) contain a virus or other harmful component, or advertising of any kind. You hereby indemnify and hold harmless Lumineers from and against any claims, liabilities, costs and expenses arising in any way from your use of the Site or your breach of these Terms and Conditions.
We may from time to time monitor the Site, but we are under no obligation to do so. And we assume no responsibility or liability arising from third party content posted on the Site.
Third Party Websites: You may be able to link from the Site to a third-party website (“Linked Site”). For example, you may purchase products on or through a Linked Site. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other material (“Materials”) which may be provided on the Linked Site. Links to a Linked Sites do not constitute our endorsement of the Site or of the Materials presented on or through the Linked Site.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES OR MATERIALS IS AT YOUR SOLE RISK. ANY SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES. AS A RESULT, SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability. By availing yourself of the Site, you agree to release and hold Lumineers and the employees, officers, directors, shareholders, agents, representatives of Lumineers, its affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any entity controlling, controlled by or under common control with Lumineers, any third-party providers or sources of information or data and legal advisers (collectively, “Lumineers Affiliates“) harmless from and against any and all losses, damages, rights, claims and actions of any kind arising from or related to the Site, Services, or Materials including but not limited to: (a) telephone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of The Lumineers that may cause the Services or related services to be disrupted or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Site, Services or Materials; or (e) any printing or typographical errors in any materials associated with the Site, Services or Materials. In addition, you agree to defend, indemnify and hold Lumineers Affiliates harmless from and against any claim, suit or demand, including reasonable attorneys’ fees, made by a third party due to or arising out of your utilizing the Site, Services, or Materials, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you. IN NO EVENT WILL LUMINEERS BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR AVAILMENT OF SERVICES OR MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF LUMINEERS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Provisions: These Terms and Conditions are governed in all respects by the laws of the State of New York as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of New York County, New York. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Lumineers’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Modification of Terms and Conditions: From time to time we may modify these Terms and Conditions in our sole discretion. When such modification is made, we will post a revised version of these Terms and Conditions and modifications will be effective when they are posted. We are not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Services, you will be deemed to have accepted any such modifications.
You may contact Company at the following address: email@example.com