Your use of Luxlock provides its Software and Services subject to the terms and conditions in this Terms of Service (“Terms" or “Agreement"). When we refer to our “Services" in these Terms, we mean to include our entire platform services, which includes all of our programs, features, functions and report formats, instructions, code, on-line help files and technical documentation, our website, account portal, technical support, as well as any upgrades or updates to any of these, made generally available by us, and includes any of our SDKs, APIs or software provided to you in connection with your use of our services, and our connectivity services.
To be eligible to register for a Luxlock account and use Luxlock Software and Services, you must review and accept the terms of this Agreement by clicking on the “I Accept” button or other mechanism provided. PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND LUXLOCK. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” BUTTON AND YOU SHOULD NOT USE LUXLOCK SERVICES. Thank you for reviewing these Terms – we hope you enjoy shopping with Luxlock. These terms are in relation to shopper terms and brand terms. If you have an inquiry or questions, please contact us at privacy@luxlock.com.
For the purposes of these Terms, any reference in these Terms to "Luxlock" refers to Luxlock and all Fullstack Retail Inc. related software and services provided by, on behalf of us, or our affiliate companies, including the following services.
If you are using Luxlock on behalf of a company, partnership, association, government or other organization (your " Organization"), you warrant that you are authorized to do so and that you are authorized to bind your Organization to these Terms. In such circumstances, "you" will include your Organization.
We may translate these Terms into multiple languages, and in the event there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
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Capitalized terms used in this Agreement have the respective meanings given to them in this Agreement, including as follows.
“Data” means any data, information or material provided or submitted by the Client, User or Agents to the Service in the course of using the Luxlock Software and/or Service. “Data” includes all captured Site Data, means all data collected by either the Client or Luxlock in the course of operating the Software, Platform, and/or Services and may include information gathered about a visitor’s interaction with the Client’s website, Client Data, interaction content, visitor’s interaction with the Luxlock Technology, visitor interaction with Content and other data and statistical information about visits.
“Content” means the text, audio and visual information, documents, software, interaction dialogues, customer information, statistics, imagery, products and services contained or made available to Client, User, and Agent in the course of using the Service.
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, workflow, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
“Luxlock Technology” means all of Luxlock and Fullstack Retail’s proprietary technology (including software, technology, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, inventions and other tangible or intangible technical material or information) relating to the Software, Platform, and Service as describe herein.
“Service Order Form” means a Service Order Form signed by Fullstack Retail Inc. and Client that identifies the Software, Platform and Service contracted for, the applicable fees, the billing period, the Services’ warranty specifications, any liquidated remedies, the termination rights and other charges as agreed to between the parties, each such Service Order Form to be incorporated into and to become a part of this Agreement.
“User(s)” mean Client’s employees, representatives, consultants, contractors or agents who are authorized by Client to use the Service and have been supplied user identifications and passwords by Luxlock or Client at Client’s request. This also, includes Client’s users.
Subject to the terms set forth herein, Luxlock can provide hosted advocate-customer real-time interaction (via chat) service, or other live interaction services utilizing the Luxlock contracted remote-based agent network (“Stylist”), for the Client programs, products or services marketed or advertised to third party consumers (“Consumers”) as described in a Service Order Form, that are developed, operated, and maintained by Luxlock, accessible via any website or IP address, or ancillary online or offline products and services provided to Client by Luxlock, to which Client is being granted access under this Agreement, including the Luxlock Technology and the Content (the “Service”).
Vulnerability Reporting Polic.
At Fullstack Retail, trust is our #1 value and we take the protection of our customers’ and user data very seriously. The Luxlock security team acknowledges the valuable role that users play in internet security. As a result, we encourage responsible reporting of any vulnerabilities that may be found in our site or applications. Please contact us at Privacy@luxlock.com to address any potential vulnerabilities.
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Fullstack Retail Inc. does not permit the following types of security research.
We offer a diverse range of services and features within Luxlock, so in addition to these Terms, there are certain additional terms and policies that may be applicable to your use of all or part of Luxlock, as set out in this section and as otherwise notified to you from time to time. These additional terms of service and policies all form part of and are incorporated into these Terms.
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We may make changes to these Terms over time, so please come back and review them..
In addition, as Luxlock and user experiences are constantly evolving, we may from time to time (and to the extent permitted by applicable laws and regulations) add, change or remove features from Luxlock (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether.
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You may need to create an account with us in order to access and use Luxlock..
Your account name, user ID and other identifiers you adopt within Luxlock remains our property and we can disable, reclaim these once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding your account details, including any passwords used to access your account and Luxlock, and, all use of Luxlock under your account. You must promptly notify us at by submitting a report via "privacy@luxlock.com" if you know or suspect that your password or account has been compromised. We will regard all use of your account on Luxlock as being by you, except where we have received and acknowledged your notification to us regarding your account/password being compromised.
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Corporate Named User Licenses are not to be shared or transferred without appropriate migration by Luxlock procedures and protocols to ensure Privacy Policy is adhered to and the integrity of the data is protected..
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We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by Luxlock, including content provided by users or agents using Luxlock or by our official brand/retail accounts. You acknowledge and agree that by using Luxlock, you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from Luxlock by you is at your own risk. Your use of Luxlock does not give you any rights in or to any content you may access or obtain in connection with your use of Luxlock.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through Luxlock and we will bear no responsibility for your use of or relationship with any such third parties or third party services.
We may review sample data occasionally of content or third party services made available through Luxlock to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of Luxlock.
There may be, from time to time, third party content and services on Luxlock that are subject to further terms – for examples, terms from the relevant third party that originally produced or created such content or service, or terms from the relevant third party in relation to promotional activities being held via Luxlock. You agree to comply with any such further terms and conditions as notified to you in relation to your use of such third party content and services.
All intellectual property rights in or to Fullstack Retail Inc. and any Luxlock Software or Technologies (including any future updates, upgrades and new versions to all such Software), will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names (for example, "Luxlock", "Digital Surf Tribe" or "Fullstack Retail"), logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding Luxlock are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you.
Where you download, Log in, integrate, and use any software from us as part of or in relation to your use of Luxlock (any such software being the " Luxlock Software"), we grant you a limited, personal, non-exclusive, non-sub-licensable, non-transferrable, named license and revocable license to use the relevant Luxlock Software in accordance with these Terms (including any specific technical requirements that relate to the Luxlock Software or its use on your particular device and/or organizations). Please note that these license terms may be supplemented by terms and conditions applicable to the specific Luxlock Software and Master Services Agreement (MSA).
You may not copy, modify, reverse compile, reverse engineer or extract source codes from Luxlock Software. Where applicable laws or regulations entitle you to reverse compile or extract source codes from Luxlock Software, you will first contact us to request the information you need.
We may from time to time provide updates to Luxlock Software. Such updates may occur automatically or manually. Please note that Luxlock Software may not operate properly or at all if upgrades or new versions are not installed. We do not guarantee that we will make any updates available for any of Luxlock Software, or that such updates will continue to support your device or system.
For the purposes of these Terms, "Luxlock Software" includes any items, content or features (the "Items") within the Luxlock Software – for example, Profiles, Style ID, Recommendation engine, Product recommender, games, media, reservations, calendar, or other downloadable items within Luxlock, ai, ar, and any content accessed or used by you within Luxlock. You must comply with any additional terms and conditions applicable to any such Items. We will notify you of any such additional terms and conditions within Luxlock, within an Appendix to these Terms and/or in another manner. We may license these Items to you upon payment by you of "real world money" as applicable from time to time. You acknowledge that you do not own these Items and the amounts associated with such Items do not refer to any credit balance of real currency or the equivalent. We may eliminate these Items from Luxlock at any time, with or without notice, and we have no liability to you in the event that we exercise these rights.
We may in our discretion provide technical support for Luxlock (whether for free or for a fee). See MSA and Enterprise Sales Contract..
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Effective as of March 1, 2018, Fullstack Retail Inc., (“Luxlock”) and its subsidiaries, (collectively, “Fullstack Retail Inc.” or “we” or “us” or “our”) have updated terms that apply to the use of our Website, Platform, Software, and Technology (as herein defined). For the purposes of these Terms of Use, the term, “Platforms”, shall refer collectively to www.luxlock.com as well as the other Platforms, Software, Technology and Websites that Fullstack Retail Inc. operates and that link to these Terms of Use.
We provide the Platforms to you subject to these Terms of Use (“Terms”), which may be updated by us from time to time pursuant to Section 1 herein. By accessing and using the Platforms, you accept and agree to be bound by these Terms, Fullstack Retail Inc, Luxlock Privacy Policy found here and Luxlock’s Cookie Policy found here. If you do not agree to these Terms, you should not access or use the Platforms. In addition, when accessing the Platforms you shall be subject to any posted guidelines or rules applicable to the Platforms, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
These Terms do not apply to your access to and use of the products and services which we market for subscription on our Platforms (our “Services”). The practices and policies, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by You (“Service Data”) are detailed in and governed by our Master Subscription Agreement, or such other applicable agreement between you and any member of Fullstack Retail Inc. relating to your access to and use of such Services (“Service Agreement”).
1. Changes to Terms. These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Platforms after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
2. Changes to Platforms. We may change or discontinue any aspect, service or feature of the Platforms at any time, including, but not limited to, content, availability, and equipment needed for access or use.
3. Registration. You may be given the opportunity to register via an online registration form or by participating in Interactive Areas, such as chat, instore services and other features, to create a user account (“Your Account”) that may allow you to receive information from us and/or to participate in certain features on the Platforms. We will use the information you provide in accordance with the Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Platforms so that it remains current, complete and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Platforms and all charges related to the same.
4. User Content Guidelines. The following terms apply to content submitted by you.
4.1 The Platforms may contain conversation threads, user notes, shopping preferences, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Platforms.
4.2 By submitting any User Content or participating in an Interactive Area within or in connection with the Platforms, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Fullstack Retail Inc, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Platforms; (j) does not generally pertain to the designated topic or theme of any Interactive Area; (k) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent.
4.3 You agree not to represent or suggest, directly or indirectly, Fullstack Retail’s endorsement of User Content.
4.4 You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
4.5 You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
4.6 You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
4.7 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Platforms will not be permitted. We reserve the right in our sole discretion to remove or edit User Content submitted by you.
4.8 We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Platforms. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
4.9 We have the right, but not the obligation, to monitor User Content posted or uploaded to the Platforms to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Platforms, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Platforms at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Platforms at your sole cost and expense. The decision by Fullstack Retail Inc. to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Platforms.
4.10 By submitting User Content to the Platforms, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.
5. User Conduct Guidelines. The following terms apply to your conduct when accessing or using the Platforms: (a) you agree not to interfere with or disrupt the Platforms or the servers or networks connected to the Platforms, or disobey any requirements, procedures, policies or regulations of networks connected to the Platforms; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Platforms, use of the Platforms, or access to the Platforms; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, Fullstack Retail Inc. or any Fullstack Retail Inc’s employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Platforms or posting private information about a third party.
6. Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, workflow, analytics, data in the aggregate, combination and arrangement of the Content present on the Platforms is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
Except with our express written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Platforms or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
You may display, copy and download Content from the Platforms solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
7. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE PLATFORMS IS AT YOUR SOLE RISK. FULLSTACK RETAIL INC.,, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE PLATFORMS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORMS, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE PLATFORMS.
(B) THE PLATFORMS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL FULLSTACK RETAIL INC.,, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE PLATFORMS OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE PLATFORMS, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE PLATFORMS. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF FULLSTACK RETAIL INC., OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT FULLSTACK RETAIL INC., OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE PLATFORMS OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Platforms, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Platforms.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, THE TOTAL AGGREGATE LIABILITY OF US AND OUR AFFILIATE COMPANIES FOR ALL CLAIMS IN CONNECTION WITH THESE TERMS, OR LUXLOCK (INCLUDING ANY LUXLOCK SOFTWARE), ARISING OUT OF ANY CIRCUMSTANCES, WILL BE LIMITED TO THE GREATER OF THE FOLLOWING AMOUNTS: (I) THE AMOUNT THAT YOU HAVE PAID TO US FOR YOUR USE OF LUXLOCK OR LUXLOCK SOFTWARE TO WHICH THE CLAIM RELATES IN THE 6 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM; AND (II) USD100 (ONE HUNDRED US DOLLARS).
TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, IN NO EVENT WILL WE OR ANY OF OUR AFFILIATE COMPANIES BE LIABLE FOR ANY OF THE FOLLOWING.
IN CONNECTION WITH THESE TERMS OR LUXLOCK OR LUXLOCK SOFTWARE, FOR ANY DAMAGES CAUSED BY: (I) ANY NATURAL DISASTER SUCH AS FLOODS, EARTHQUAKES OR EPIDEMICS; (II) ANY SOCIAL EVENT SUCH AS WARS, RIOTS OR GOVERNMENT ACTIONS; (III) ANY COMPUTER VIRUS, TROJAN HORSE OR OTHER DAMAGE CAUSED BY MALWARE OR HACKERS; (IV) ANY MALFUNCTION OR FAILURE OF OUR OR YOUR SOFTWARE, SYSTEM, HARDWARE OR CONNECTIVITY; (V) IMPROPER OR UNAUTHORISED USE OF LUXLOCK OR LUXLOCK SOFTWARE; (VI) YOUR USE OF LUXLOCK OR LUXLOCK SOFTWARE IN BREACH OF THESE TERMS; OR (VII) ANY REASONS BEYOND OUR REASONABLE CONTROL OR PREDICTABILITY.
FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES; AND/O.
FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.
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Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited or excluded under applicable laws and regulations.
any liability for fraud.
any liability for death or personal injury.
any liability for gross negligence or willful misconduct; o.
any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
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NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS, NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY OF YOUR STATUTORY RIGHTS IN YOUR JURISDICTION (INCLUDING ANY RIGHTS UNDER APPLICABLE CONSUMER PROTECTION REGULATION), TO THE EXTENT THESE MAY NOT BE EXCLUDED OR WAIVED UNDER APPLICABLE LAWS AND REGULATIONS.
YOU AGREE THAT YOU (AND YOUR ORGANIZATION, IF YOU ARE USING LUXLOCK OR LUXLOCK SOFTWARE ON BEHALF OF SUCH ORGANIZATION) INDEMNIFY US AND OUR AFFILIATE COMPANIES FROM AND AGAINST ANY CLAIM, SUIT, ACTION, DEMAND, DAMAGE, DEBT, LOSS, COST, EXPENSE (INCLUDING LITIGATION COSTS AND ATTORNEYS' FEES) AND LIABILITY ARISING FROM: (I) YOUR USE OF LUXLOCK OR LUXLOCK SOFTWARE; OR (II) YOUR BREACH OF THESE TERMS.
NO LIABILITY FOR THIRD PARTY.
As set out in the "Third Party Content and Services" and "Third Party Software" sections of these Terms, various third parties may provide certain content, services or software within Luxlock.
THESE TERMS GOVERN THE RELATIONSHIP BETWEEN YOU AND US. YOUR DEALINGS WITH ALL THIRD PARTIES, INCLUDING THOSE FOUND THROUGH LUXLOCK, ARE SOLELY BETWEEN YOU AND THE RELEVANT THIRD PARTY. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS, WE AND OUR AFFILIATE COMPANIES HAVE NO LIABILITY TO YOU IN RELATION TO ANY THIRD PARTIES, INCLUDING ANY CONTENT, SERVICES OR SOFTWARE PROVIDED BY SUCH THIRD PARTIES WITHIN LUXLOCK.
8. Indemnification. You agree to defend, indemnify and hold harmless Fullstack Retail Inc.,, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Platforms by you. Fullstack Retail Inc., reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Fullstack Retail Inc., with such cooperation as is reasonably requested by Fullstack Retail Inc.,.
9. Termination. We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Platforms in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 2, and 5-12 shall survive termination of these Terms.
These Terms will apply to your use of Luxlock until your access to Luxlock is terminated by either you or us. We may suspend or terminate your access to your account or any or all of Luxlock: (i) if we reasonably believe that you have breached these Terms; (ii) if your use of Luxlock creates risk for us or for other users of Luxlock, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation; (iii) if you are reported for abuse of software, communication, profanity, lude or inappropriate behavior; or (iv) for any other reason in our sole and absolute discretion. Where reasonably practicable, we will give you notice of any suspension or termination.
Upon termination of your access to Luxlock (in whole or in part), you will immediately permanently delete all copies of Luxlock Software to which the termination relates and you will immediately cease accessing and using any such Luxlock Software.
USE OF YOUR DEVICE BY LUXLOCK.
In order for us to provide Luxlock to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet, laptop, or desktop computer) that you use to access Luxlock – for example, we may need to use your device's processor and storage to complete the relevant Luxlock Software installation, or we may need to access your contact list to provide certain interactive functions within Luxlock. You agree to give us such access to and use of your device.
We will provide further information regarding how Luxlock uses and accesses your device within Luxlock or in another manner (e.g. via the relevant app store as part of the installation process for Luxlock on your device). You understand that if you do not provide us with such right of use or access, we may not be able to provide Luxlock to you.
Any Personal Information (as defined in the Luxlock Privacy Policy) that we use or access within your device will be treated in accordance with these Terms, including our Luxlock Privacy Policy.
You may need an adequate internet connection in order to authentic your Luxlock account or use Luxlock. You may also be required to activate certain functionalities within Luxlock in the manner described within Luxlock. You may not be able to use certain functionalities within Luxlock if you do not comply with such requirements.
Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of the Application(s).
10. Governing Law. The content, data, video, and all other material and features on the Platforms are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Platforms, and/or the provision of content, services, and/or technology on or through the Platforms shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
Please report any violations of these Terms to our Privacy and Legal department privacy@luxlock.com..
11. Copyrights and Copyright Agent. We respect others’ intellectual property rights, and expect our users and customers to do the same. If you believe that your work has been copied on the Platforms in a way that constitutes copyright infringement, please contact our Privacy Department at privacy@luxlock.com. We reserve the right to terminate access to the Platforms for users or customers who post material that infringes the intellectual property rights of others.
12. Miscellaneous. These Terms and any operating rules for the Platforms established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of Fullstack Retail Inc.,, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.
Non-English translations of this Policy are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
GENERAL.
These Terms are the entire agreement between you and us in relation to Luxlock. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The words "include" and "including" are to be construed without limitation. The invalidity of any provision of these Terms (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these Terms as drafted, we may replace those terms with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and us will have any right to enforce these Terms against any person, and you may not delegate, assign or transfer these Terms or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
LUXLOCK TERMS OF SERVICE | USA-SPECIFIC TERMS.
If you are a user of Luxlock in the United States of America, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor..
EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
LUXLOCK TERMS OF SERVICE | AUSTRALIA-SPECIFIC TERMS.
If you are a user of Luxlock in Australia, the below terms are incorporated into these Terms, and override these Terms to the extent of any inconsistency.
All express or implied guarantees, warranties, representations, or other terms and conditions relating to these Terms or their subject matter, not contained in these Terms, are excluded from these Terms to the maximum extent permitted by applicable laws and regulations.
Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable laws and regulations which cannot lawfully be excluded, restricted or modified.
If any guarantee, condition, warranty or term is implied or imposed by any applicable laws and regulations and cannot be excluded (a " Non-Excludable Provision "), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option: in the case of services, the supplying of the services again.
General Data Protection Regulation | GDPR 10.
On May 25, 2018, a new landmark privacy law called the General Data Protection Regulation (GDPR) takes effect in the European Union (EU). The GDPR expands the privacy rights of EU individuals and places new obligations on all organizations that market, track, or handle EU personal data. How will this affect your company.
The GDPR is a new comprehensive data protection law (in effect May 25, 2018) in the EU that strengthens the protection of personal data in light of rapid technological developments, increased globalization, and more complex international flows of personal data. It updates and replaces the patchwork of national data protection laws currently in place with a single set of rules, directly enforceable in each EU member state.
These Terms were last updated on March 1, 2021.
It means-
Your data is your data. We make sense of it to provide gorgeous experiences. We'll never sell your data or ours.
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It means-
Luxlock is committed to creating legendary shopping experiences and take privacy seriously. Personal Shoppers need to add and manage context in-order to properly serve shoppers and anticipate their needs. It's a big system and we've got big dreams. Appreciate your support and feedback. Thank you.
It means-
Ever since the first ecommerce store launched it's been giving Webster's Dictionary a run for its money. Here's the Cliff Notes for technology. Nothing crazy... just takes up space.
