By registering for, accessing, or otherwise utilizing the Service, including but not limited to navigating or browsing the Site, you affirm your acceptance of all terms and conditions articulated in these Terms of Use. This acceptance extends to Lucentix Limited's Privacy Policy, Intellectual Property Policy, Photo Guidelines, Terms and Conditions, API License Agreement, and any additional operational policies or procedures periodically promulgated by Lucentix Limited. Lucentix Limited retains the unilateral right to modify, amend, or otherwise alter these policies at its discretion and without prior notice. It is incumbent upon you to regularly review these Terms. In addition, certain functionalities or services provided through the Service may be governed by supplementary terms and conditions stipulated by Lucentix Limited, which are incorporated by reference into these Terms of Use. These Terms apply uniformly to all users, including those contributing content, data, or services to the Site.
Lucentix Limited extends the Services to you under these Terms of Use, allowing for personal engagement and precluding unauthorized third-party benefits. The Service includes but is not limited to, applications and widgets downloadable from the Site or, where applicable, third-party application distribution platforms (e.g., Apple App Store, Google Play Store) authorized by Lucentix Limited. The Service further encompasses various media and digital content, including but not limited to textual materials, graphical interfaces, visual presentations, multimedia components, artistic elements, software programs, and computational code (collectively referred to as 'Content'). Lucentix Limited reserves the discretionary right to modify, suspend, or permanently discontinue the Service, in part or in whole, without prior notice or liability. Consequently, Lucentix Limited shall not be responsible for any disruptions, financial losses, or operational impediments arising from such modifications.
While general browsing of the Site may be conducted without registration, access to specific features necessitates account creation. As part of this registration process, you are required to furnish accurate, truthful, and complete details, including your legal name, valid email address, and secure password. It is your responsibility to maintain the accuracy of this information over time. You explicitly agree to abstain from the following: Submitting fraudulent, misleading, or incomplete personal details. Creating an account on behalf of another individual without authorization. Adopting a username that misrepresents identity or infringes upon another party's rights. Selecting a username that is offensive, profane, or unlawful. Lucentix Limited reserves the right to reject registrations or revoke existing accounts at its discretion. You assume full responsibility for safeguarding your password and account credentials. If unauthorized access occurs, it is your duty to promptly notify Lucentix Limited. You further affirm that you are of legal majority to enter into a binding contractual arrangement or possess the legal authority to act on behalf of an entity if registering on its behalf. The Service is strictly prohibited for individuals under the age of 13. Lucentix Limited retains the prerogative to refuse service to any individual or entity at any time.
All Content, whether made publicly available or privately transmitted, is the sole responsibility of its originator. Lucentix Limited does not validate the authenticity, precision, or integrity of any Content submitted by users. You acknowledge that any reliance upon Content retrieved through the Service is undertaken at your own risk and liability. The term 'Content' encompasses a broad range of media, including textual contributions, images, audiovisual recordings, geolocation data, software programs, and interactive user-generated materials.
By submitting any form of Content ('User Submissions') via the Site or Service, you hereby grant Lucentix Limited a global, non-exclusive, royalty-free, sublicensable, and transferable license to utilize, modify, reproduce, publish, distribute, create derivative works from, display, and perform such Content in connection with the Site and Service. This license extends to promotional activities and redistributions across various media platforms. You represent and warrant that you possess all necessary legal rights to grant this license and that your User Submissions do not infringe upon any third-party rights, including copyright, privacy, publicity, contractual obligations, or intellectual property.
You are expressly prohibited from utilizing the Service for any unlawful or unauthorized activities, including but not limited to: Engaging in activities that overload Lucentix Limited's technological infrastructure. Disrupting the normal operation of the Service. Circumventing security mechanisms. Implementing spam tactics, bots, or unauthorized data harvesting. Reverse engineering any component of the Service. Lucentix Limited reserves the unilateral right to restrict or remove access to any Content or user that violates these stipulations.
The Service may incorporate hyperlinks to third-party websites and external services. These links are provided solely for user convenience and do not signify an endorsement, sponsorship, affiliation, or approval of the linked sites or the entities operating them. Lucentix Limited does not have control over these external websites or services and is not responsible for their availability, content, advertising, products, services, security, data collection practices, or any other materials found on or accessed through such third-party platforms. Users acknowledge that interactions with third-party sites are conducted at their own risk and discretion, and Lucentix Limited bears no responsibility for any damages, data loss, unauthorized access, financial harm, or other liabilities that may arise from engaging with such third-party services.
Lucentix Limited retains the right to terminate, suspend, or restrict your access to the Service at its sole discretion, with or without prior notice, for any reason, including but not limited to a breach of these Terms, suspected fraudulent activity, violation of applicable laws or regulations, or any conduct that Lucentix Limited deems harmful to the integrity, security, or operation of the Service. Upon termination, suspension, or restriction, all associated rights and privileges granted under these Terms will immediately cease, and you will lose access to any data, content, or information stored within your account. All fees paid for the Service, whether recurring, one-time, or subscription-based, are strictly non-refundable, regardless of the reason for termination.
THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Lucentix Limited EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, SECURITY, OR AVAILABILITY OF THE SERVICE. Lucentix Limited DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, NOR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
You agree to indemnify, defend, and hold harmless Lucentix Limited, its affiliates, directors, officers, employees, agents, partners, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from or related to: (a) your access to or use of the Service; (b) your violation of any term or provision of these Terms; (c) your infringement or misappropriation of any intellectual property, privacy, or other rights of any third party; (d) your submission, posting, or transmission of User Submissions, including any claims that such content causes damage to a third party; or (e) any unauthorized use of your account or credentials.
Lucentix Limited SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR DAMAGES ARISING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE. THE TOTAL LIABILITY OF Lucentix Limited, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID IN THE PAST 12 MONTHS.
Lucentix Limited reserves the right to modify, amend, update, or revise these Terms at its sole discretion and at any time. Any such modifications will be posted on the Site or communicated through official channels, such as email notifications or in-Service alerts. It is your responsibility to review these Terms periodically to stay informed of any changes. Your continued use of the Service after such modifications are implemented constitutes your acknowledgment and acceptance of the revised Terms.
These Terms are governed by and shall be construed in accordance with the laws of New Zealand, without regard to any conflict of law provisions that might otherwise apply. Any disputes arising out of or relating to these Terms, the Service, or any related matter shall be exclusively subject to the jurisdiction of the courts located in Auckland, New Zealand.
If any provision of these Terms is deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be modified or reinterpreted to the minimum extent necessary to ensure its enforceability while preserving its original intent. If modification is not feasible, the provision shall be deemed severed from these Terms, and the remainder shall continue in full force and effect.
These Terms constitute the full and final agreement between you and Lucentix Limited, superseding all prior agreements, understandings, negotiations, or representations, whether written or oral, concerning the subject matter herein. This agreement encompasses all rights, obligations, and responsibilities of both parties and serves as the definitive legal framework governing your use of the Service.
If you have any questions about these Terms, please contact us at:
Email: info@lucentix.net
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