AGREEMENT BETWEEN USER AND LUMABONE
The Lumabone Web Site located at www.lumabone.com is comprised of various Web Pages owned and operated by Lumabone (“Web Site”). These Terms of Use govern your access to and use of the Lumabone Web Site. The Lumabone Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Lumabone Web Site will be deemed to be your agreement and acceptance to these Terms of Use.
MODIFICATION OF THESE TERMS OF USE
Lumabone reserves the right, at any time and for any reason, to change the terms, conditions, and notices under which the Lumabone Web Site is offered, including but not limited to the charges associated with the use of the Lumabone Web Site. Should you not agree or if you cannot agree to the amended terms, you must cease all use of the Lumabone Web Site.
LOCAL COMPLIANCE
Lumabone makes no representation that the content on the Lumabone Web Site is appropriate pursuant to your local laws or regulations. If the contents of the Lumabone Web Site, including the services and products described in the Lumabone Web Site, are contrary to your local laws or regulations, you are not authorized to access or use the website. If you access the Lumabone Web Site from locations outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.
LINKS TO THIRD PARTY SITES
The Lumabone Web Site may contain links to third-party Web Sites (the “Linked Sites”). The Linked Sites are not under the control of Lumabone and Lumabone is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Lumabone is not responsible for webcasting or any other form of transmission received from any Linked Site. Lumabone is providing these links to you only as a convenience, and the inclusion of any link does not imply a relationship or endorsement by Lumabone of the Linked Site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Lumabone Web Site, you warrant to Lumabone that you will not use the Lumabone Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices set forth in this Terms of Use. You may not use the Lumabone Web Site in any manner which could damage, disable, overburden, or impair the Lumabone Web Site or interfere with any other party’s use and enjoyment of the Lumabone Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Lumabone Web Site.
MATERIALS PROVIDED TO LUMABONE OR POSTED AT ANY LUMABONE WEBSITE
Lumabone does not claim ownership of the information, materials, or products that you provide to Lumabone (including feedback and suggestions) or post, upload, input or submit to the Lumabone Web Site or its associated services (collectively “Submissions”). However, any Submissions sent to Lumabone will be deemed NOT to be confidential. By posting, uploading, inputting, providing or submitting your Submission, you are granting Lumabone, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Lumabone is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Lumabone’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
LUMABONE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION CONTAINED ON THE LUMABONE WEB SITE FOR ANY PURPOSE. YOUR USE OF THE LUMABONE WEB SITE IS AT YOUR SOLE RISK AND THE LUMABONE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LUMABONE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUMABONE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LUMABONE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE LUMABONE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LUMABONE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LUMABONE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LUMABONE, A LUMABONE AGENT, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SERVICE CONTACT: info@lumabone.com
TERMINATION/ACCESS RESTRICTION
Lumabone reserves the right, in its sole discretion, to terminate your access to the Lumabone Web Site and the related services or any portion thereof at any time, without notice.
ASSIGNABILITY; SEVERABILITY
We may assign these Terms of Use to an affiliated company or, in the event of a merger, sale or acquisition of us or our assets related to the Lumabone Web Site, to the surviving or successor entity. You may not assign these Terms of Use or these rights and obligations without our prior written consent. If any provision of these Terms of Use is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms of Use shall not be affected thereby and shall remain in force and effect.
LAWS GOVERNING
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. Should there be any dispute arising out of or relating to the use of the Lumabone Web Site, you hereby consent to the exclusive jurisdiction and venue of courts in New York City, New York, U.S.A. and waive all objections thereto. Use of the Lumabone Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
COPYRIGHT AND TRADEMARK NOTICES:
All trademarks on the Lumabone Web site, including our logos, are owned exclusively by Lumabone or licensed from third parties.
All contents of the Lumabone Web Site are: Copyright 2023 by Lumabone, authorized Lumabone affiliates, authorized licensees and/or its suppliers. Nothing contained on the Lumabone Web Site should be construed as granting any license or right to use any of the Lumabone Web Site without written consent from Lumabone. All rights reserved.