SECTION 1. INTRODUCTION
SECTION 2. USE OF CONTENT
All information, materials, functions and other content (“Content”) contained on Lumicel Sites are our copyrighted property or the copyrighted property of our licensors or licensees, except where explicitly noted otherwise. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the Lumicel Sites or delete Content or features at any time, in any way, for any or no reason. Except as we specifically agree in writing, no Content from any Lumicel Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Lumicel Site, except that where a Lumicel Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, “re-mailing” or high-volume or automated use of Lumicel Sites is prohibited. In the event that we offer downloads of software on a Lumicel Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only, and such Software is subject to any applicable End User License Agreement. We do not transfer title to the Software to you.
You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
Lumicel specifically disclaims any responsibility for software files, graphics, and other Submissions (as defined in Section 3 below, entitled “SUBMISSIONS”) posted by users to the Lumicel.net site.
SECTION 3. SUBMISSIONS
There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a Lumicel site, through any form of electronic communication, or otherwise; and/or (b) that you Distribute, through any form of electronic communication, or otherwise for which you do not seek Consideration (such as in our Public Forums (as defined below in Section 6, entitled “PUBLIC FORUMS AND COMMUNICATION”)). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) and/or (b) of this paragraph.
DO NOT DISTRIBUTE ANY UNSOLICITED SUBMISSIONS; NO IMPLIED CONTRACT.
Our rights with respect to Submissions provided at our request as part of a good faith application for employment at Lumicel are governed by special rules set forth in the submission agreement which is required as part of the application process.
In order to protect our creative development process, Lumicel will not review materials submitted for employment evaluation unless the submitter agrees to the terms of the application submission agreement, which may be found in the “Submissions Guidelines” section under the “Career” link on the Home page of the Lumicel.net web site.
SECTION 4. LICENSES AND REPRESENTATIONS
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).
SECTION 5. ACCOUNTS
SECTION 6. PUBLIC FORUMS AND COMMUNICATION
“Public Forum” means an area, site or feature offered as part of any Lumicel Site that offers the opportunity for users to Distribute Submissions for viewing by one or more Lumicel Site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, e-mail function. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you Distribute on or through any Lumicel Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.
SECTION 7. RULES OF CONDUCT
The following Rules of Conduct apply to the Lumicel Sites. By using the Lumicel Sites, you agree that you will not Distribute any Submission that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f)infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without his or her express permission) or publicity; or (iii) any confidentiality obligation; (g) is commercial or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations); (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Lumicel Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Lumicel Sites; (i) does not generally pertain to the designated topic or theme of the relevant Public Forum; (j) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (k) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
SECTION 8. COOPERATION; REMOVAL OF SUBMISSIONS
SECTION 9. CONTENT ACCESSIBLE THROUGH LINKS FROM Lumicel SITES AND SEARCH RESULTS
Content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Moreover, we are not responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
SECTION 10. DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO Lumicel SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY Lumicel SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Lumicel SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
Lumicel Sites may contain the opinions and views of other users. Given the interactive nature of these sites, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users. The content of Lumicel Sites are intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute legal or professional advice, and may not be used for such purposes. You should not act or refrain from acting on the basis of any content included in, or accessible through, the Lumicel Sites without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer or professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
SECTION 11. INDEMNIFICATION
SECTION 12. LIMITATION OF LIABILITY
SECTION 13. JURISDICTIONAL AND VENUE ISSUES
SECTION 14. AMENDMENT
SECTION 15. GENERAL PROVISIONS
Supply of goods, services and software through Lumicel Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through Lumicel Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements.
SECTION 16. CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on the Lumicel Sites are the property of Lumicel, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Lumicel’s prior written permission. The use of Lumicel’s Marks on any other web site is prohibited.
SECTION 17. PRIVACY