TERMS OF LUX / EROS

A. BINDING EFFECT. This is a binding agreement. By using the Internet site located at http://www.lux-eros.com/ (the “Site”) or any services provided in connection with the Site (the “Service”) or by purchasing or using any products (including events) and services available through the Site, you agree to abide by these Website Terms of Use (“Terms of Use”) and Terms and Conditions of Purchase (“Terms and Conditions”) (Terms of Use and Term and Conditions are collectively referred to as the “Terms”), as they may be amended by LUX / EROS, a California corporation (“Company”) from time to time in its sole discretion. Company will post a conspicuous notice on the Site any time these Terms have been changed or otherwise updated. It is your responsibility to review these Terms periodically, and if at any time you find these Terms unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

B. WEBSITE TERMS OF USE

1. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found by clicking here Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.

2. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.

3. FEES. The purchase of products and/or services available through or in connection with this Site require that you pay the applicable fees. By entering your credit or debit card (either/or shall be referred to as “Credit Card”) information: (a) you are stating that you are an authorized user of the Credit Card, and that the associated information entered (account holder name, account number, billing address, etc.) is accurate; (b) you hereby authorize Company and its merchant provider to charge your Credit Card for all applicable fees incurred by you or on your behalf in connection with the product or service you have chosen to use or purchase; (c) you authorize Company to return to your Credit Card any funds due to you by Company resulting from use of this Service.

 

Customer’s right to use the Service is subject to any expenditure limits established by Company or by customer’s Credit Card issuer. If payment cannot be charged to customer’s Credit Card or customer’s charge is returned for any reason, including chargeback, Company reserves the right to either suspend or terminate customer’s access and purchase, thereby terminating this Agreement and all obligations of Company hereunder.

For each transaction, in addition to the charge you have authorized, your Credit Card issuer and network may assess their customary transaction or handling charge, if any. If a charge is declined or reversed by the Credit Card issuer or network, you agree to pay Company a service charge and to reimburse Company for all reasonable costs of collection.  Your Credit Card issuer may also assess its customary charge for such transactions.

By clicking “Submit,” you are consenting to receive a one-time confirmation of this payment electronically to the email address you have provided to us.

 

In order to make Credit Card payments online or receive Electronic Communications, you must have access to a personal computer with a 128 bit JavaScript enabled browser, internet access and a valid email account supported by software that enables you to receive Electronic Communications. In order to store Electronic Communications on paper, you will need a printer connected to your computer. You also may store them in your offline files or in an electronic storage device. Company is not required to provide paper copies of any Electronic Communication you have previously authorized. By authorizing a Credit Card payment online, or by requesting Electronic Communications, you confirm that your system meets these requirements, that you have the capability to access and download or print electronic disclosures, and that your email address is current and valid.

 

4. SITE-PROVIDED POSTINGS AND COMMENTS. The site may provide users with the ability to post messages or comments on the Site. Company is under no obligation to review any content posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. Company, in its sole discretion, may monitor, not post or remove any such content.

 

5. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

In addition, you acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that: (a) is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws; (b) may contain software viruses or malware; (c) contains advertisements or solicitations of any kind, or other commercial content; (d) is designed to impersonate others; (e) contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information; (f) contains messages by non-spokesperson employees of Company purporting to speak on behalf of Company or containing confidential information or expressing opinions concerning Company; (g) contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; (h) contains multiple messages placed within individual folders by the same user restating the same point; (i) contains chain letters of any kind; or (j) contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (i) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (ii) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (iii) sending messages to distribution lists, newsgroup aliases or group aliases. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.  In addition, some features that may be available on this Site request your email address and other identifying information. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.  

You may request to unsubscribe from our mailing list at any time by providing written (email or postal mail) notice to Company at any time.  Please allow for three (3) business days after receipt of notice to remove your email address from our list.

6. ELECTRONIC COMMUNICATIONS. When you use the Site or send emails to Company, you are communicating with Company electronically. You consent to receive electronically any communications related to your use of this Site. Company will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Company intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the Site.

7. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations.

8. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

9. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AND PRODUCTS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY CONTENT ON THE SITE AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. Some states do not allow the disclaimer or limitation of damages, so the disclaimers set forth above may not apply to you.

10. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR FOR COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE THROUGH THE SITE AND/OR YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW), NEITHER COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (“COMPANY GROUP”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THIS SITE, OR ANY OTHER SITE OR RESOURCE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTION WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) ANY PRODUCTS OR SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE SITE, INCLUDING ANY DAMAGES OR INJURY ARISING FROM ANY USE OF SUCH PRODUCTS OR SERVICES; (5) ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (6) THE MODIFICATION, REMOVAL OR DELETION OF ANY CONTENT SUBMITTED OR POSTED ON THE SITE; OR (7) ANY USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE OR RESOURCE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS BY YOU, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. Some states do not allow the disclaimer or limitation of damages, so the limitations set forth above may not apply to you.

 

11. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

12. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

13. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

14. COPYRIGHT. All contents of Site or Service are: Copyright © 2014-2015 LUX / EROS, 6919 Treasure Trail, Los Angeles CA 90068. All rights reserved.

 

C. TERMS AND CONDITIONS OF LUX / EROS

By purchasing or using products or services through the Site, you acknowledge and agree as follows:

1. PURCHASE POLICIES.

(a)   Order Processing.  Company may, in its sole discretion, choose to not process or

to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Company deems appropriate in its sole discretion. Company also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Company will either not charge you or refund the charges for orders that we do not process or cancel.

 

(b)  Return Policy.  Company accepts returns on certain merchandise on a case-by

case basis. For Company‘s Return Policy, which may change from time to time, please visit return policy. 

 

(c)   Event Purchases. By purchasing admittance to any Company event(s), you agree

to abide by the terms of the Participant Agreement and Acknowledgement of Risk Waiver and Release of liability (the “Waiver”).  The Waiver is expressly incorporated into this Agreement by reference.

 

(d)  Cancellation Policy. Company allows cancellations of event registration under

certain circumstances. For Company’s Cancellation Policy, which may change from time to time, please visit cancellation policy

 

(d) Shipping and Tax. Click http://www.lux-eros.com/shipping-info/ for our policy regarding shipping and tax, which may change from time to time.

 

2. PRODUCT AND SERVICE DESCRIPTIONS. Company attempts to provide accurate descriptions of products and services on the Site. Company does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. Because many of the items are hand made and/or made to order, we cannot prevent slight variations including but not limited to those in color, shape, size, weight.  Particularly, because we cannot control the color reproduction of a customer’s computer monitor, we cannot guarantee that the actual print color will precisely match any preview or image as it appears on your monitor. Company is not responsible for any variations except those that are material, and Company is not liable for the final color appearance of any products. If a product or service offered on the Site materially differs from its description, your sole remedy is to return the item, as specified in these Terms & Conditions.

 

3. PRICING INFORMATION. Company strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors. Company reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Company will notify you by email. In addition, Company reserves the right, at its sole discretion, to correct any error in the stated full retail price.

 

4.     Product and Service Availability. The Site may contain information

regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Company cannot guarantee that an item listed on the Site or as “in stock” will actually ship right away, as inventory can change significantly from day-to-day and merchandise is hand made and/or made-to-order. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time Company attempts to process the order. Should this happen, Company will notify you by email. If Company determines that a product or service you wish to purchase is no longer available and unable to be produced, the item will be cancelled from your order. Company will notify you by email and delete the item from the Site.

 

D. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California in all disputes arising out of or related to the use of the Site or Service.

E. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

F. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

G. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

H. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

I. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.