Lux Terms of Service
- Acceptance of Terms of Service.
- You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
To sign up for the Services, you must create an account (an "Account") by registering for an Account on the Services (an "Account") or logging in through your Facebook or Google account (each a "Third Party Account") using your Facebook ID or Google ID. You agree not to create an Account or use the Services if you have been previously removed by us or banned from any of the Services. Lux reserves the right in its sole discretion to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof) at any time for any reason. You agree that Lux will not be liable to you or to any third party for any suspension or termination of your Account or any refusal of any use of the Services (or any portion thereof). Information on your profile may include information and content you provide and/or upload as well as information we collect from your account with Third Party Accounts ("Profile Information"). Lux reserves the right in its sole discretion to remove Profile Information at any time for any reason. You agree that Lux will not be liable to you or to any third party for such removal. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
By logging in through your Third Party Account, you permit us to access certain information from such Third Party Account for use by the Services and you represent that you are entitled to grant us such access without breach by you of any Third Party Account terms and conditions and without obligating us to pay any fees or making us subject to any usage limitations. By granting Lux access to your Third Party Account, you understand that we may access, make available, and store any information, content, or other materials that you have provided to or stored in your Third Party Account ("Third Party Account Content") accessible through the Services so that it is available on your Account. You may control the amount of information that is accessible to us by adjusting your Third Party Account privacy settings. Unless otherwise specified in these Terms of Service, all Third Party Account Content will be deemed your User Content (as defined below) for all purposes of these Terms of Service. PLEASE NOTE THAT YOUR RELATIONSHIP WITH EACH THIRD PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY ACCOUNT, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY A THIRD PARTY ACCOUNT IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN THE THIRD PARTY ACCOUNT. Lux makes no effort to review any Third Party Account Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Lux is not responsible for any Third Party Account Content.
- Definition. For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).
- User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. Each user owns its own User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. Lux is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire. Lux has no responsibility or liability for the deletion or accuracy of any User Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You acknowledge that Lux has no obligation to pre-screen User Content, although Lux reserves the right in its sole discretion to pre-screen, refuse, or remove any User Content at any time for any reason.
- Notices and Restrictions. The Services may contain Content specifically provided by us, our brands, partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
- License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Application, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site, the Application or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user (including any brands that post content to the Services) of the Site, the Application and/or the Services a non-exclusive, perpetual license to access your User Content that is available to such user through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our brands and users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- Availability of Content. We do not guarantee that any Content will be made available on the Site, the Application or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
- Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms of Service or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
- Content Provided by Other Parties. The Services may contain User Content provided by other users or third parties. We are not responsible for and do not control such User Content. We have the right, but no obligation to review or monitor such content. We do not approve, endorse or make any representations or warranties with respect to such User Content. You use all such User Content at your own risk.
- License Grant. Subject to your compliance with the terms and conditions of these Terms of Service, we grant to you a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, to (i) download and install the Application on compatible devices that you own and control and run such cop(ies) of the Application and (ii) use the other aspects of the Site and Services solely for your private, personal, non-commercial use. Furthermore, with respect to any Application downloaded through the Apple App Store Google Chrome Web Store, Google Play marketplace, or any similar store or marketplace (each, an "App Store" and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store's "Usage Rules") (the "Usage Rules"). To the extent these Terms of Service provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. We and our licensors and suppliers reserve all rights not expressly granted to you in these Terms of Service.
- Restrictions. Except as expressly specified in these Terms of Service, you shall not (i) modify, or make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (ii) license, transfer, sell, rent, lease, distribute, assign, host, sublicense or otherwise commercially exploit the Services, in whole or in part; (iii) frame or utilize framing techniques to enclose any trademark, logo, or other portion of the Services (including images, text, page layout, or form); (iv) use any metatags or other "hidden text" using Lux's name or trademarks; (v) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Site or Application (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site or Application for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such); (vi) access the Services in order to build a similar or competitive website, product, or service; (vii) copy, reproduce, distribute, republish, download, display, post or transmit any part of the Services in any form or by any means; (viii) remove or destroy any copyright notices or other proprietary markings contained on or in the Services; or (ix) make the functionality of the Site or Application available to multiple users through any means, including, but not limited to distribution of the Site or Application or by uploading the Site or Application to a network or file-sharing service or through any hosting, application services provider or any other type of service. You will comply with any technical restrictions in the Application that allow you to use the Application only in certain ways. Any unauthorized use of the Services terminates the licenses granted by Lux pursuant to these Terms of Service. Lux makes no representation that the Services are appropriate for use in locations other than the United States.
- Updates and Upgrades; No Obligation. We are not obligated to maintain or support the Services, or to provide you with updates, upgrades or services related thereto. You acknowledge that Lux may from time to time in its sole discretion issue updates or upgrades to the Services. You agree that the terms and conditions of these Terms of Service will apply to all such updates or upgrades.
- U.S. Government Users. The Services and related documentation are "commercial items" as that term is defined in FAR 2.101, consisting of "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Services and related documentation are being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the Services and related documentation will be only those specified in these Terms of Service.
- Export Control. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Lux, or any products utilizing such data, in violation of the United States export laws or regulations.
- Modification. Lux reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Lux will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
- Ownership. Excluding any User Content that you may provide, you acknowledge that (i) the Services are and will remain the sole property of Lux and is subject to protection under U.S. and foreign copyright laws and (ii) all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and content made available through the Services are owned by Lux or its licensors or suppliers. Lux's name, logo, and the product names associated with the Services belong to Lux (or its licensors or suppliers, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. Neither these Terms of Service nor your access to the Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms of Service.
- Feedback. You agree that submission of any ideas, suggestions, and/or proposals to us ("Feedback") is at your own risk and that Lux has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Lux a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights. Lux will treat any Feedback you provide to Lux as non-confidential and non-proprietary.
- Rules of Conduct.
- As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download,
post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service,
including without limitation any User Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy below);
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone's identification documents or sensitive financial information.
- You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
- You shall abide by all applicable local, state, national and international laws and regulations.
- We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
- Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
- App Stores. You acknowledge and agree that the availability of the Application is dependent on the
App Store from which you received the App. You acknowledge that this Agreement is between you and Lux and not with
the App Store. Lux, not the App Store, is solely responsible for the App, including the App, the content thereof,
maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product
liability, legal compliance or intellectual property infringement). In order to use the App, you must have access
to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees
(if any) charged by the App Store in connection with the App, including the App. You agree to comply with, and
your license to use the App is conditioned upon your compliance with, all applicable third-party terms of
agreement (e.g., the App Store's terms and policies) when using the App, including the App. You acknowledge that
the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to
enforce them.If you are accessing the Services via an Application on a device provided by Apple, Inc. ("Apple") or an Application obtained through the Apple App Store, the following shall apply:
- Both you and Lux acknowledge that these Terms of Service are concluded between you and Lux only, and not with the App Store, and that Lux, and not the App Store, is responsible for the Application and the content thereof;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Lux is responsible for providing any maintenance and support services with respect to the Application and the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the App Store, and the App Store may refund the purchase price for the Application to you; and to the maximum extent permitted by applicable law, the App Stores will not have any other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Lux's sole responsibility;
- You acknowledge and agree that Lux, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application or your possession and/or use of that Application, including, but not limited to: (1) product liability claims; (2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Lux, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Lux acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement (e.g., the App Store's terms and policies and the Usage Rules) which may affect or be affected by such use;
- Both you and Lux acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third party beneficiary hereof; and
- Lux is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
- Payments. We use a third-party payment processor (the "Payment Processor") to allow you to pay for products purchased through the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to purchase goods through the Services, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize us, via the applicable Payment Processor, to charge your chosen payment provider ("Payment Method"). Such charges for your purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You acknowledge and agree that (i) your purchases through the Services are transactions between you and the brand of such purchases, and not with us or any of our affiliates; and (ii) we are not a party to your payment transaction for such purchases and we are not a buyer or a seller in connection with such transactions.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, via the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your applicable purchase upon demand.
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.
- Credit Balances. Any credit balance (including a Reward balance) will be automatically applied to your next purchase of merchandise from Lux and the order of redemption of such credits will be determined by Lux. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, except as prohibited by law. Account balances are determined by Lux and such determination is final.
- Shipping, Returns and Exchange
We offer complimentary ground shipping via USPS on all U.S. orders. Your package will be delivered in 3-5 business days after confirmed shipment.
Once we have shipped your order, we will send you an email with shipping details and a USPS tracking number. Follow the link in the email to check the estimated arrival of your order.
We do not currently ship outside the U.S. We cannot ship to Post Office boxes, APO/FPO addresses or a hotel or motel address.
Should you like to return your purchase from Lux, you have 21 calendar days from the delivery date to do so. Please note that we can only accept product returns given the following conditions:
• The product is in new, unused condition and the packaging is in original condition
• Please include the original invoice and reason for return/exchange with your return package
All sale merchandise is final and cannot be returned.
We do provide return shipping labels, but deduct a service fee of $4.99 from the refund total if used. If you prefer, you may ship using your own paid label.
Certain exceptions apply to any returns or exchanges due to faulty product. Please contact us by email if this is the case.
For additional information regarding returns or exchanges, please feel free to contact us at Customer Service firstname.lastname@example.org.
To exchange a product, please contact Customer Service at email@example.com. You may exchange an item for another item of equal or greater value within 21 days of delivery. You must pay the difference in price if greater than original purchase.
- Product Descriptions. Descriptions, images, references, features, content, specifications, products, prices, and availability of any products made available through the Services are subject to change without notice, and our current prices can be found on the Services. We make reasonable efforts to accurately display the attributes of the products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the Services at a particular time does not imply or warrant that these products will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product purchased through the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any product; to honor or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all purchases; and to refuse to provide any user with any product.
- Shipping, Returns and Exchange
- Warranty Disclaimer.
- Lux is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any Member Content, or to any act or omission by Members, by Lux or by any third party or by any of the equipment or programming associated with or utilized in connection with the Services. Any content submitted by our vendors does not necessarily reflect the opinions or policies of Lux.
- Lux assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any Member Content or other Member communications. Lux is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, mobile phones, failure of any email or players due to technical problems or traffic congestion on the Internet or on in connection with the Services, including any injury or damage to Member’s or other person’s computer or mobile phone related to or resulting from participation on or through the Services. THE SERVICES, ALL CONTENT USED IN CONNECTION WITH THE SERVICES AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, Lux DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (a) your use of, or inability to use, the Services; (b) your violation of these Terms of Service; (c) your violation of applicable laws or regulations; (d) your User Content; (e) your violation of any rights of another party, including any users; or (f) your interaction with any other user. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Lux. Lux will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Limitation of Liability. IN NO EVENT SHALL Lux, Sellegit Inc., ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY Lux, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Lux HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Lux, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO Lux IN CONNECTION WITH THE APPLICABLE EVENT OR PROMOTION GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Lux, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF Lux.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section ("Arbitration Agreement")
carefully. It is part of your contract with Lux and affects your rights. It contains procedures for MANDATORY
BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Contact Lux First. If a dispute arises between you and Lux, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Lux regarding our Site or Services by emailing: customercare@getLuxapp.com.
- Applicability of Arbitration Agreement. All claims and disputes in connection with these Terms of Service or the use of any product or service provided by Lux that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Lux, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms of Service.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this Section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Service ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Lux, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms of Service. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Lux.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Lux in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Lux WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in New York, New York.
- Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Lux.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in San Diego, California, for such purpose.
- Governing Law. These Terms of Service and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- Changes. These Terms of Service are subject to occasional revision. We will notify you of any changes to our Terms of Service by posting the new Terms of Service here: https://shopatlux.com. After we make the change and we will change the "Effective" date below. If we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on the Site and/or Application. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms of Service will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site and the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
- Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. These Terms of Service are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.
- Agency. Your relationship to Lux is that of an independent contractor and no agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
- Electronic Communication. The communications between you and Lux use electronic means, whether you use the Services or send us emails, or whether Lux posts notices on the Services or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Lux in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Lux provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Electronic notices should be sent to customercare@getLuxapp.com.
- No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
- Headings; Construction. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. The word "including" means "including without limitation."
- Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Copyright/Trademark Information. Copyright © 2015 Lux. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- DMCA Copyright Policy.
- Lux has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf) that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
- Procedure for Reporting Copyright Infringement. If you believe that material or content residing on or
accessible through the Services infringes a copyright,, and wish to have the allegedly infringing material
removed, please send a written notification (pursuant to 17 U.S.C. § 512(c) of copyright infringement
containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Lux is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
Contact. You may contact us at the following address: Sellegit, Inc., 1940 Menalto Ave, Menlo Park CA 94025
Effective Date of Terms of Service: 04/06/2015
The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.
User Provided Information
Registration with us is mandatory in order to place orders and fully use the Services. During the registration process, we collect personal information including but not limited to your name, email address, and Facebook information. Once you register, you have opted in to receive electronic communications from us.
We also collect personal information when you choose to use certain other aspects of the Services, such as making purchases; electing to receive text messages about promotions or events; or if you provide it in response to surveys, contests, sweepstakes or other requests. When you choose to use these additional features, we may require you to provide additional personal information such as your phone number, billing and shipping addresses and credit card information, and we may request additional personal information such as your shopping preferences and demographics.
You agree to invite only individuals who consent to be contacted for these purposes and you will not invite anyone who does not know you or who is unlikely to recognize you as a known contact.We may collect other information that you submit to us or that you have consented to permit us to collect or third parties share with us from time to time.
Automatically Collected Information
In addition, we automatically gather certain information about your use of the Services, such as your IP address, operating system, browser type and a date/stamp time for your visit. Through mobile applications, this may include information such as the GPS data (i.e., geo-location data) and device information for the handheld mobile device on which the mobile application is installed. We may also access your calendar to enable us to create and modify events on your behalf. We may also collect other information that you have consented to permit your mobile phone or application to share with us from time to time.
We may also gather information about how you interact with the Services, such as how frequently certain areas of our website or mobile application are visited, what products are reviewed and selected, order history, shipping program status, and other site navigation data and patterns. This information helps us to understand your interests and which aspects of our Services you find interesting.
Involvement of Others in Data Collection
We may work with third parties to collect and analyze the information as described above and for other purposes described below.
Further, we may obtain information from others (including social media networks, advertising service providers and networks) that does not identify you personally or, if you have given that service or us permission to do so, information that identifies you personally. This information may be combined with information you have provided to us or that we or others have collected about you, so that we may maximize the benefit you receive from the Services and deliver advertising targeted to your specific interests on our websites and mobile applications and when you use other websites or mobile applications. Information about you also may be aggregated with other subscriber information for the purposes identified above.
We and our vendors may use technology such as cookies and web beacons in connection with these activities to identify you when you are online, and to collect information about your online activities, such as the type of browser you use, the websites you visit and the content and advertising that you find interesting. Cookies are small text files that may remain on your computer’s hard drive for a period of time that may be used to maintain data relevant to your navigation of the Internet, save personal settings and information, and track web browsing habits. Web beacons are clear picture files that you cannot see that we use to monitor traffic and track your activities on the Internet.
When you order products using the Services, we collect your shipping information. We pass this information to our Payment Processor, fulfillment companies and brand partners for purposes of customer service, fulfillment, shipping and returns. The use of your Personal Information by these parties is subject to their respective privacy policies.
We may collect your phone number and the unique device id number of the mobile device on which you use the Application.
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
When you participate in one of our surveys, we may collect additional personal information.
We also collect other types of personal information that you provide to us voluntarily.
If you participate in a contest, sweepstakes or other promotion, we will collect any data you provide in connection with that promotion.
We may also obtain information from other sources and combine that with information we collect on our Services.
We may also collect personal information at other points in our Services that state that personal information is being collected.
IP Address Information and Other Information Collected Automatically:
- When you use our Services, some information is automatically collected. For example, when you use our Services, how you use the Services, information about the type of device you use, your Open Device Identification Number, date/time stamps for your visit, your unique device identifier, your browser type, operating system, Internet Protocol (IP) address, and domain name are all collected. This information is generally used to help us deliver the most relevant information to you and administer and improve the Services. In addition, in the event our Application crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Application.
- We gather certain information automatically and store it in log files, including IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to improve the content of the Services, market research purposes, to communicate information to visitors and to better tailor our Services to our users needs.
- We may collect and create anonymous and/or deidentified data records about how both unregistered and registered users, collectively, use the Services ("Aggregate Information"), such as the number and frequency of visitors to the Site or Application. Some of this information is derived from Personal Information. We reserve the right to use Aggregate Information for any purpose and disclose it to third parties in our sole discretion.. This Aggregate Information is not Personal Information and cannot be tied back to you, your Account, your web browser or mobile device. We use this anonymous data to enhance the content of our Services and improve the Services, for example by allowing us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.
We may receive a confirmation when you open an email from us. We use this confirmation to improve our customer service.
Information Collected Using Cookies:
- Most browsers or mobile devices have an option for turning off the cookie feature, which will prevent your browser or mobile device from accepting new cookies, as well as (depending on the sophistication of your browser or mobile device software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they may enable you to take advantage of some features of the Services.
Information Related to Advertising and the Use of Web Beacons:
To support and enhance the Services, we may serve advertisements, and also allow third parties to serve advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called "ad networks." Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.
Advertisements served through the Services may be targeted to users who fit a certain general profile category and may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.
To increase the effectiveness of ad delivery, we may deliver a file (known as a "web beacon") from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad networks servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.
How we use your information
We use this information in several ways:
- to give you a more enjoyable, convenient shopping experience, learn about your habits, personalize your user experience, and help us identify and/or provide information, products or services that may be of interest to you;
- to support and enhance your use of the Services and their features, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Services and its features;
- to conduct market research, improve the Services and help us identify others who may be interested in the Services;
- in other ways for which we provide specific notice at the time of collection.
We may store and process personal information in the United States and other countries.
We may get information about you from other sources. We may add this to information we get from the Services.
How we share your information
We may permit certain trusted third parties to access your information in connection with their performance of services to maintain and operate our websites and mobile applications and certain features on the Services. For example, we may use third parties to host the websites and mobile applications; operate various features of the Services; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
Also, we may share personally identifiable or other information with our parent, subsidiaries, divisions, and affiliates and across our various websites, apps and social media pages.
Occasionally, we provide our postal mailing list (consisting of customer names and postal mailing addresses, but not email addresses) to other companies for purposes of marketing the Services or other products or services that may be of interest to you. In order to determine the information that may be of interest to you, the information that you give us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources.
We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control.
We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction. If you choose to make comments on Lux’s mobile application, you should be aware that any personally identifiable information you submit there can be read, collected or used by any person for any purpose. We are not responsible for the personally identifiable or other information you choose to post. We aggregately use non-personally identifiable information so that we can improve our Services and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.
Public Information about Your Activity on the Services:
Some of your activity on and through the Services is public by default. This may include, but is not limited to, content you have posted publicly on the Site or Application or otherwise through the Services.
Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.
IP Address Information:
User Profile Information:
User profile information including your username and other information you enter may be displayed to other users to facilitate user interaction within the Services. We will not directly reveal user email addresses to other users.
As stated above, your financial information is collected and stored by our Payment Processor; we collect and store your credit card type and the last four digits of your credit card number only. However, we may from time to time request and receive some of your other financial information from such Payment Processor for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identifying possible fraudulent transactions, and otherwise as needed to manage our business.
Information Shared with Our Agents:
We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our "Agents"). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
Information Shared with Our Brands:
When you order products using the Services, we may share your billing (including credit card type and last four digits of your credit card number), purchase, shipping and return information with the applicable brand of your purchase and any fulfillment companies. After your order, the applicable brand is solely responsible for all customer order fulfillment, customer service, shipping, returns and exchanges. You acknowledge and agree that (i) your purchases through the Services are transactions between you and the brand of such purchases, and not with us or any of our affiliates; and (ii) we are not a party to your payment transaction for such purchases and we are not a buyer or a seller in connection with such transactions. The use of your Personal Information by brands is subject to their respective privacy policies.
Information Disclosed Pursuant to Business Transfers:
Information Disclosed for Our Protection and the Protection of Others:
Information We Share With Your Consent:
We may share your Personal Information to fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, with your consent, or to third parties designated by you.
Is Information About Me Secure?
Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.
We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
We otherwise store all of our information, including your IP address information, using industry-standard techniques. While we use reasonable efforts to protect your personal information, we cannot guarantee its absolute security and we do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
What Information of Mine Can I Access?
If you are a registered user, you can access and edit information associated with your Account by logging into the Services. Registered and unregistered users can access and delete cookies through their web browser settings.
California Privacy Rights:
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Sellegit Inc., 584 Broadway Suite 908, New York, New York 10012.
How Can I Delete My Account?
Should you ever decide to delete your Account, you may do so by emailing firstname.lastname@example.org. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account. However, given the nature of sharing on the Services, any public activity on your Account prior to deletion will remain stored on our servers and will remain accessible to the public. We may retain an archived copy of your records as required by law or for legitimate business purposes.
What Choices Do I Have Regarding My Information?
- You can use some of the features of the Services without registering for an Account, thereby limiting the type of information that we collect.
- You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.
- You can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and activity generated prior to deletion will remain stored by us and may be publicly accessible.
- You may opt-out of providing your Personal Information to the Application at any time by uninstalling the Application.
What If I Have Questions or Concerns?
If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to email@example.com. We will make every effort to resolve your concerns.
A Note About Children
We do not intentionally gather personal information from users who are under the age of 13. If a child under 13 submits personal information to Lux and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at: firstname.lastname@example.org.
Users Outside of the United States
Effective Date: 04/06/2015