Luxihd Terms of Service

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the mobile app (the “App”) and luxihd.com (the “Site”) (together comprising the “Services”) operated by Luxihd, LLC (“us”, “we”, or “our”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and our Privacy Policy. These Terms of Service apply to all visitors, users and others who access or use the Services. By accessing or using the Services you agree to be bound by these Terms. If you disagree with any part of the Terms or the Privacy Policy then you may not access the Services.

1. Eligibility

By accessing the Services, you represent and warrant that you are at least 13 years of age. The Services are not in any way designed for use by those under age 13, and if you are under age 13 you may not use or access the Services under any circumstances. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who must agree to be bound by these Terms. We may, in our sole discretion, refuse, limit, or rescind access to the Services to any person or entity at any time, with or without notice.

2. Accounts and Usernames

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your account on our Services. You are responsible for safeguarding the password(s) to the social account(s) that you use to access the Services and for any activities or actions under your account. You agree not to reveal your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Usernames are provided as a convenience to the user, but Luxihd cannot guarantee a given username to a particular user. We reserve the right at our sole discretion to revoke use of any username. By creating a username, you agree not to use it to impersonate another person or company. You also agree not to attempt to reserve a username, sell, or otherwise trade or give usernames to other users.

3. User Content

Users may share content on the Services in various ways, including creating a username, posting comments, and updating their profiles (collectively, “User Content”). ALL CONTENT YOU SHARE ON THE SERVICES IS PUBLIC, as detailed in our Privacy Policy. You may only share User Content on the Services that (a) you have the relevant rights to share; (b) is not confidential; (c) is accurate and not harmful in any way; and (d) does not violate these Terms or any applicable law, rule, or regulation. We may review, screen, and remove your User Content at any time at our sole discretion.

If you submit or post User Content to the Services, you grant Luxihd a nonexclusive, royalty-free and fully paid, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, host, publish, translate, create derivative works from, distribute, perform and display your User Content in any media (now known or later developed), including in connection with Luxihd’s marketing and promotional activities. You agree that this license includes the right for Luxihd to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services. You further grant Luxihd the right to publicly display your (already public) username in connection with User Content.

4. Rules of Conduct

By accessing and using the Services, you agree that:

• You will not bully or harass other users
• You will not share content that you do not have the rights to
• You will not attempt to modify, hack, or otherwise disrupt the Services
• You will not attempt to copy, decompile, reverse-engineer, or otherwise unlawfully exploit any part of the Services
• You will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services

5. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

6. Intellectual Property

The Services and their original content, features and functionality are and will remain the exclusive property of Luxihd, LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Luxihd, LLC. By using the Services, you agree not to share any copyrighted material that you do not possess the rights to. If someone has wrongfully shared content that you do have the rights to, please contact us at support@luxihd.com with all the relevant details.

7. Third Party Content and Links

Our Service may contain links to third-party web sites or services that are not owned or controlled by Luxihd. We have no control over any website we are linked to so we cannot be responsible for safeguarding any information which you provide such sites and our Terms and Privacy Policy do not govern such sites. Caution should be exercised when visiting linked websites and the privacy statement of the website in question should be examined. Luxihd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Luxihd 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 use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.

8. Limitation of Liability

In no event shall Luxihd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service, any conduct or content of any third party on the Service or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. Disclaimer

Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Luxihd, its subsidiaries, affiliates, and its licensors do not warrant that: the Services will function uninterrupted, secure or available at any particular time or location, any errors or defects will be corrected. We reserve the right to limit, alter, or discontinue the Services at any time.

10. Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these Terms, under no circumstances will Luxihd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Services, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Luxihd or any person for whom Luxihd is responsible, and even if Luxihd has been advised of the possibility of such loss or damage being incurred.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have between us regarding the Services.

12. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. When we do such updates we revise the updated date at the bottom of this page. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms, you must stop using the Services.

13. Contact Us

If you have any questions about these Terms, please contact us at: support@luxihd.com

Last updated 9/13/17