Hello Lighting Guru. Thank you for using the Interactive Line Card Software System (the “ILC”). Your involvement helps the system continue to grow and offer you increasingly relevant content within the lighting industry.
These Terms and Conditions of Use (the “Terms of Use”) represent an agreement between you and Your Lighting Brand, LLC (“Your Lighting Brand”). They were written to help you better understand the rules that govern your use of this software system.
Third Party Links and Content
The ILC displays links and content from third-party sources that have their own independent terms of services, and therefore we have no responsibility or liability for their content or activities.
Artwork, Brand Identity, Content, and Imagery embedded onto the ILC is the rightful property of its owner and not affiliated with or endorsed by the ILC or Your Lighting Brand.
Any reuse of the Artwork, Brand Identity, Content, and Imagery embedded onto the ILC software system is forbidden without the explicit written permission from its owner.
Software Usage
Title and intellectual property rights in and to any content displayed by or accessed through the ILC belongs to the respective content owner. Using the ILC does not give you ownership of any intellectual property rights in the ILC, our services or the content you access. Any attempt to reverse engineer, duplicate, and/or mimic any of the ILC’s copyrighted software features will trigger appropriate legal action against offenders.
You may not probe, scan or test the vulnerability of the ILC or any network or website connected with the ILC, nor breach the security or authentication measures ILC or any network or website connected with the ILC.
You may not use the ILC for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Your Lighting Brand or others.
User Generated Content
Your Lighting Brand is not responsible for any content that is shared by a user via email or social media. All content developed by a user when sharing content gathered from the ILC is done so at the user’s discretion and each user is solely responsible for any consequences thereof.
Mobile Devices
Some of our services are available on mobile devices. Do not use such services in a way that distracts you and prevents you from obeying local traffic or safety laws.
Limitation of Liability
Except where prohibited, in no event will Your Lighting Brand be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Your Lighting Brand has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Your Lighting Brand, its officers, directors, members, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Your Lighting Brand by any third party due to or arising out of or in connection with your use of the ILC.
Violation of These Terms of Use
You agree that Your Lighting Brand may, in its sole discretion and without prior notice, terminate your access to the ILC if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the ILC. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Your Lighting Brand, for which monetary damages would be inadequate, and you consent to Your Lighting Brand obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. You agree that we will not be liable to you or to any third party for termination of your access to the ILC as a result of any violation of these Terms of Use.
Governing Law
You agree that all matters relating to your access to or use of the ILC, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Franklin County, Ohio, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
Privacy and Copyright Protection
Your Lighting Brand’s Privacy Policy explains how we treat data gathered from the ILC’s use. By using the ILC and our services, you agree that Your Lighting Brand can use such data in accordance with our Privacy Policy. To learn about Your Lighting Brand’s Privacy Policy, please click here.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you think someone is violating your copyrights and want to notify us, email us at: [email protected]
Warranties and Disclaimers
We endeavor to provide the best service we can, but you understand and agree that THE ILC SERVICE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. ALL INFORMATION PROVIDED BY AND THROUGH THE ILC IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU USE THE ILC AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
You assume total responsibility for your use of the ILC. Your sole and exclusive remedy against Your Lighting Brand for dissatisfaction of the ILC or any content is to stop using the ILC or any such content. In addition, we do not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through the ILC Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that we are not responsible or liable for any transaction between you and third-party providers or services advertised on or through the ILC. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from the ILC shall create any warranty on behalf of Lighting Brand. Some aspects of this section may not apply in some jurisdictions.
Miscellaneous
If any of the provisions of these Terms of Use are held to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Your Lighting Brand with regard to your use of the ILC, and any and all other written or oral agreements or understandings previously existing between you and Lighting Brand with respect to such use are hereby superseded and cancelled. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Contact Us
If you have questions regarding these Terms of Use, please send us an email at: [email protected]
Changes to Terms of Use
We may modify these Terms of Use or any additional terms that apply to the ILC or our services to, for example, reflect changes to the law, or changes to the ILC or our services. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of our software system following the posting of changes will mean that you accept and agree to the changes.