Last
Revised June 9, 2010
The following User
Agreement ("Agreement") governs the use of www.genlux.com
("Website"), including without limitation participation in its
bulletin boards, forums, personal ads, chats, and all other areas (except to
the extent stated otherwise on a specific page) as provided by GENLUX
Magazine ("Service Provider," "we," or
"our").
Please read the rules
contained in this Agreement carefully. Your use of and/or registration on
any aspect of the Website will constitute your agreement to comply with these
rules. If you cannot agree with these rules, please do not use the Website.
In addition to reviewing
this Agreement, please read our Privacy Policy. Your use of the Website
constitutes agreement to its terms and conditions as well.
The Agreement may be
modified from time to time; the date of the most recent revisions will appear
on this page, so check back often. Continued access of the Website by you will
constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow
these rules, whether listed below or in bulletins posted at various points in
the Website, may result in suspension or termination of your access to the
Website, without notice, in addition to Service Provider's other remedies.
I. MONITORING
We strive to provide an
enjoyable online experience for our users, so we may monitor activity on the
Website, including in the bulletin boards, forums, personal ads, and chats, to
foster compliance with this Agreement. All users of the Website hereby
specifically agree to such monitoring. Nevertheless, we do not make any
warranties or guarantees that: (1) the Website, or any portion thereof, will be
monitored for accuracy or unacceptable use, (2) apparent statements of fact
will be authenticated, or (3) we will take any specific action (or any action
at all) in the event of a dispute regarding compliance or non-compliance with
this Agreement.
II. MEDICAL INFORMATION DISCLAIMER
1. The Website is not a forum for the exchange of medical information,
advice or the promotion of self-destructive behavior (e.g., eating disorders,
suicide). While you may freely discuss your troubles, you should not look to
the Website for information or advice on such topics. Instead, we recommend
that you talk in person with a trusted adult that you know or a medical
professional.
2. THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR EDUCATIONAL AND
ENTERTAINMENT PURPOSES ONLY, AND IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR
TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN
OR OTHER QUALIFIED HEALTH PROVIDER PRIOR TO STARTING ANY NEW DIET AND ASK YOUR
DOCTOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO
ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, SERVICE PROVIDER AND
ITS THIRD PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE
CONTENT PROVIDED ON THIS WEBSITE.
III. REGISTRATION AND ACCOUNT
CREATION
1. REGISTRATION INFORMATION: Service Provider may at times require that you register and/or set up an
account to use certain portions of the Website, or the Website as a whole. In
order to do so, you may be provided, or required to choose, a password, User
Id, and/or other registration information (collectively, "Registration
Information"). You agree and represent that all Registration Information
provided by you is accurate and up-to-date. You may not impersonate, imitate or
pretend to be somebody else when registering and/or setting up an account on
the Website. If any of your Registration Information changes, you must update
it by using the appropriate update mechanism on the Website, if available.
Otherwise, contact our Privacy Policy Coordinator as described in our Privacy
Policy.
2.
USE OF USER ID/PASSWORD:
A. If you register and/or set up an account on the Website, you will be
solely responsible for maintaining the confidentiality of your Registration
Information. You may not authorize others to use your Registration Information.
You may not sub-license, transfer, sell or assign your Registration Information
and/or this Agreement to any third party without our written approval. Any
attempt to do so will be null and void and shall be considered a material
breach of this Agreement.
B. You are solely responsible for all usage or activity on your account including,
but not limited to, use of the account by any person who uses your Registration
Information, with or without authorization, or who has access to any computer
on which your account resides or is accessible.
C. If you have reason to believe that your account is no longer secure (for
example, in the event of a loss, theft or unauthorized disclosure or use of
your Registration Information or any credit, debit or charge card number stored
on the Website), you must promptly change the affected Registration Information
by using the appropriate update mechanism on the Website, if available, or
notify our Privacy Policy Coordinator as described in our Privacy Policy.
3.
FEES AND PAYMENTS:
A. Service Provider or third parties may charge you fees for products or
services offered for sale through the Website, and/or for access to portions of
the Website or the Website as a whole. You agree to pay all fees and charges,
including applicable taxes, incurred through your account at the rates in
effect for the billing period in which such fees and charges are incurred,
including but not limited to charges for any products or services offered for
sale through the Website by Service Provider or by any third party vendor or
provider (such fees, charges and taxes shall collectively be referred to as
"Fees"). Service Provider reserves the right to change the amount of,
or basis for determining, any Fees, and to institute new Fees, effective upon
prior notice to you.
B. If you submit your credit, debit or charge card information to Service
Provider upon registration or otherwise, you give Service Provider permission
to charge all Fees incurred through your account to the credit, debit or charge
card you designate. Any additional Fees (other than renewal fees) will be
charged at the time they are incurred. If payment cannot be charged to your
credit, debit or charge card or your payment is returned to Service Provider
for any reason, including charge back, Service Provider reserves the right to
either suspend or terminate your account and all its obligations under this
Agreement.
IV. RULES OF USAGE:
1. USE OF THE
WEBSITE BY YOU:
A. The Website is not intended for users under the age of 13, and Service
Provider does not knowingly collect personally identifiable information from
users under the age of 13. Such users are expressly prohibited from submitting
their personally identifiable information to us, and from using portions of the
Website for which registration is required, such as our forums and chat areas;
any information submitted by such users will not knowingly be used, posted, or
retained by us.
B. Unless otherwise specified, the Website is intended for your personal
use only. You may not authorize others to use the Website, and you are
responsible for all use of the Website by you and by those you allow to use, or
provide access to, the Website. You may not impersonate, imitate or pretend to
be somebody else when using the Website.
C. You may not provide to or post on or through the Website any graphics,
text, photographs, images, video, audio or other material that constitutes junk
mail, spam, advertising, and/or commercial offers. You may not repeat the same
posting multiple times in a day or week.
D. You agree not to use any obscene, indecent, or offensive language or to
provide to or post on or through the Website any graphics, text, photographs,
images, video, audio or other material that is defamatory, abusive, bullying,
harassing, racist, hateful, or violent. You agree to refrain from ethnic slurs,
religious intolerance, homophobia, and personal attacks when using the Website.
E. You further agree not to use any sexually explicit language or to
provide to or post on or through the Website any graphics, text, photographs,
images, video, audio or other material that is sexually explicit. Do not
"cyber" or solicit another to "cyber" (participate in
virtual sex) on or through the Website.
F. You may not provide to or post on or through the Website any graphics,
text, photographs, images, video, audio or other material that is encrypted,
invades anyone's privacy, or illustrates, references or encourages conduct that
would constitute a criminal offense, give rise to civil liability, or that
otherwise violates any local, state, federal, national or international law or
regulation (e.g., drug use, underage drinking). You agree to use the
Website only for lawful purposes and you acknowledge that your failure to do so
may subject you to civil and criminal liability. Do not provide to or post on
or through the Website any graphics, text, photographs, images, video, audio or
other material that includes instructions for weapon and/or explosive
manufacture or use.
G. You are responsible for ensuring that any graphics, text, photographs,
images, video, audio or other material you provide to or post on the Website,
including without limitation in bulletin boards, forums, personal ads, chats or
elsewhere, does not violate the copyright, trademark, trade secret or any other
personal or proprietary rights of any third party or is provided or posted with
the permission of the owner(s) of such rights.
H. The Website may contain graphics, text, photographs, images, video,
audio and other material that is clearly identified for your use
("Assets"). The Assets are protected by state, national and
international copyright, trademark and other intellectual property laws.
Nevertheless, we (and our licensors) grant to you the limited, non-exclusive,
right and license to use the Assets solely as described on the Website, as
limited by this Agreement, and provided further that you keep intact any and
all copyright and other proprietary notices.
I. The Website also contains other graphics, text, photographs, images,
video, audio, software, code, and other material that is provided by Service
Provider or its licensors and is not clearly identified as, or intended, for
your use, including without limitation the organization, design, compilation,
and "look and feel" of the Website, and advertising thereon
("Website Content"). The Website Content is protected by state,
national and international copyright, trademark and other intellectual property
laws, and is the property of Service Provider or its licensors. The copying,
reproduction, publication, display, rearrangement, redistribution,
modification, revision, alteration, cropping, re-sizing, reverse engineering,
movement, removal, deletion, or other use or change by you, directly or
indirectly, of any such Website Content, including but not limited to the
removal or alteration of advertising, is strictly prohibited.
J. You may not in any way make commercial or other unauthorized use, by
publication, re-transmission, distribution, performance, caching, or otherwise,
of material obtained through the Website, including without limitation the
Assets or Website Content, except as permitted by the Copyright Act or other
law or as expressly permitted in writing by this Agreement, Service Provider or
the Website.
K. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or
interfere with the Website or its associated software, hardware and/or servers in
any way, and you agree not to impede or interfere with others' use of the
Website.
L. Other than connecting to Service Provider's servers by http requests
using a Web browser, you may not attempt to gain access to Service Provider's
servers by any means - including, without limitation, by using administrator
passwords or by masquerading as an administrator while using the Website or
otherwise.
M. You acknowledge that Service Provider has not reviewed and does not
endorse the content of all sites linked to from this Website and is not
responsible for the content or actions of any other sites linked to from this
Website. Your linking to any service or site is at your sole risk.
2. COMMENTS BY OTHERS ARE NOT ENDORSED BY SERVICE PROVIDER:
Service Provider does not
necessarily endorse, support, sanction, encourage, verify, or agree with the
comments, opinions, or statements posted on forums, blogs or otherwise
contained in the Website. Any information or material placed online, including
advice and opinions, are the views and responsibility of those who post the
statements and do not necessarily represent the views of Service Provider or
its third party service providers. You agree that Service Provider and its
third party service providers are not responsible, and shall have no liability
to you, with respect to any information or materials posted by others,
including defamatory, offensive or illicit material, even material that
violates this Agreement.
3. USE OF MATERIAL SUPPLIED BY YOU:
For information regarding
use of information about you that you may supply or communicate to the Website,
please see our Privacy Policy. Except as expressly provided otherwise in the
Privacy Policy or in this Agreement, you agree that by posting messages,
uploading text, graphics, photographs, images, video or audio files, inputting
data, or engaging in any other form of communication with or through the
Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, reproduce, modify, adapt, translate, enhance,
transmit, distribute, publicly perform, display, or sublicense any such
communication (including your identity and information about you) in any medium
(now in existence or hereinafter developed) and for any purpose, including
commercial purposes, and to authorize others to do so. In addition, please be
aware that information you disclose in publicly accessible portions of the
Website will be available to all users of the Website, so you should be mindful
of personal information and other content you may wish to post.
4. COPYRIGHT COMPLAINTS:
A. Service Provider respects the intellectual property of others, and we
ask our users to do the same. Service Provider may, in appropriate
circumstances and at its discretion, suspend or terminate the access of and
take other action against users, subscribers, registrants and account holders
who infringe the copyright rights of others.
B. If you believe that your work has been copied and is accessible on the
Website in a way that constitutes copyright infringement, or that the Website
contains links or other references to another online location that contains
material or activity that infringes your copyright rights, you may notify
Service Provider by providing the following information (as required by the
Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth
below:
i. A physical or electronic signature of person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be
the subject of infringing activity and that is to be removed or access to which
is to be disabled, and information reasonably sufficient to permit Service
Provider to locate the material;
iv. Information reasonably sufficient to permit Service Provider to contact
the complaining party, such as an address, telephone number, and if available,
an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed
Copyright
Agent:
Larry Lederman
larry@genlux.com
Note: Only copyright complaints should be
sent to agent. No other communications will be accepted or responded to.
For communications on other matters, please contact
Service Provider as described on the Website.
5.
MERCHANDISE SOLD ON OR THROUGH THE
WEBSITE:
Neither Service Provider nor its
third party service providers make any warranties with respect to any of the
merchandise, products, and/or services featured, mentioned, or sold on or
through the Website. Transactions for any such item shall be between the user
and the third party seller, distributor, or manufacturer without any
involvement of Service Provider or its third party service providers. You agree
that Service Provider and its third party service providers are not
responsible, and shall have no liability to you, with respect to merchandise,
products, and/or services featured, mentioned, sold, or distributed on or
through the Website, including illegal, offensive or illicit items, even items
that violate this Agreement.
6.
INDEMNIFICATION:
You agree to indemnify Service
Provider and its affiliates, employees, agents, representatives and third party
service providers, and to defend and hold each of them harmless, from any and
all claims and liabilities (including attorneys fees) which may arise from your
submissions, from your unauthorized use of material obtained through the
Website, or from your breach of this Agreement, or from any such acts through
your use of the Website.
7.
EDITING AND DELETIONS:
Service Provider reserves the right,
but undertakes no duty, to review, edit, move or delete any material provided
for display or placed on the Website or its bulletin boards, in its sole
discretion, without notice.
8.
ADDITIONAL RULES:
Service Provider reserves the right
to post, from time to time, additional rules of usage that apply to specific
parts of the Website. Such additional rules will be posted in the relevant
parts of the Website. Your continued use of the Website constitutes your
agreement to comply with these additional rules.
9.
DISCLAIMER OF WARRANTY AND
LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING
THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND
THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS
HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY
OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN
WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT
REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT
THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED
INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND
ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE
HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR
INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN
OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE
MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF
THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE
PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND
DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING
OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A
CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH
STATES, IN PART: "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".
10. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE:
Service Provider has the right to
terminate and/or suspend your ability to access the Website or any portion
thereof, for any or no reason, without notice.
11. JURISDICTION:
Service Provider makes no
representation that materials on the Website are appropriate, available or
legal in any particular location. Those who choose to access the Website do so
on their own initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
You agree that this Agreement, for
all purposes, shall be governed and construed in accordance with the laws of
the State of California applicable to contracts to be wholly performed therein,
and any action based on, relating to, or alleging a breach of this Agreement
must be brought in a state or federal court in California. In addition, both
parties agree to submit to the exclusive personal jurisdiction and venue of
such courts.
12. AUCTIONS:
We may at times offer auctions on
the Website; should we do so, we may use third-party service provider(s) to
administer the auctions. If so, you must agree to such third party's user
agreements, contracts and rules pertaining to the use of its service. Neither
Service Provider nor its auction service provider(s) have any control or assume
responsibility for the quality, safety or legality of the items advertised. We provide
a venue to bring buyers and sellers together over the Internet. If you
participate in auctions on the Website, please note that Service Provider does
not participate and does not have any control over or assume any responsibility
or liability for the quality, safety or legality of the items advertised, the
truth or accuracy of the listings, the ability of sellers to sell items, or the
functionality of the auction services.
13. ASSOCIATED PRESS:
The following provision applies to
all visitors to the Website (which shall include persons and representatives of
legal entities, whether such representatives are persons or digital engines of
any kind that crawl, index, scrape, copy, store or transmit digital content).
By accessing this Website, you specifically acknowledge and agree that: (i)
Associated Press text, photo, graphic, audio and/or video material shall not be
published, broadcast, rewritten for broadcast or publication or redistributed
directly or indirectly in any medium; (ii) no Associated Press materials nor
any portion thereof may be stored in a computer except for personal and
non-commercial use; (iii) the Associated Press will not be held liable for any
delays, inaccuracies, errors or omissions therefrom or in the transmission or
delivery of all or any part thereof or for any damages arising from any of the
foregoing; (iv) the Associated Press is an intended third party beneficiary of
these terms and conditions and it may exercise all rights and remedies
available to it; and (v) the Associated Press reserves the right to audit
possible unauthorized commercial use of Associated Press materials or any
portion thereof at any time.
14. MOBILE TERMS AND CONDITIONS:
The following terms and conditions
govern your use of Mobile Programs offered by this Website, so please read them
carefully. Your use of any aspect of the Program will constitute your agreement
to comply with these terms and conditions.
If you cannot agree with these terms
and conditions, please do not use the Program. These terms and conditions may
be modified from time to time; the date of the most recent revisions will
appear on this page. Continued access to the Program by you will constitute
your acceptance of any changes or revisions to these terms and conditions.
Your failure to follow these terms
and conditions may result in suspension or termination of your access to the
Program, without notice, in addition to our other remedies. We also reserve the
right to discontinue the Program, or change the content or formatting of the
Program, at any time without notice to you, and to require the immediate
cessation of any specific use of the Program.
A.
Your
carrier's standard messaging rates apply to all mobile text messages you
initiate from our website to your cell phone. All charges are billed by and
payable to your mobile service provider.
B.
You
agree that the cell phone number you enter in the Program is registered in your
name, and that you will not initiate messages to the cell phone of any other
person or entity.
C.
You
shall have a mobile communications subscription with a participating carrier or
otherwise have access to a mobile communications network for which we make the
Program available. You shall provide all equipment and software necessary to
connect to the Program, including, but not limited to, a mobile hand set or
other mobile access device that is in working order and suitable for use, as
determined in our sole discretion, in connection with the Program.
D.
You
agree not to modify the format or branding of the content provided in the Program
("Content"), or to add any materials, including any advertisements or
other promotional content, to such Content. The Content is owned by us, our
affiliates or licensors and is protected by intellectual property laws. We
grant you a limited, non-exclusive, non-transferable, revocable license to
download and use the Content on a designated compatible mobile device, solely
for your own personal, non-commercial use. You shall not reproduce, modify,
perform, transfer, distribute, sell, create derivative works of or otherwise
use or make available the Content or the Program except as expressly provided
for in this Agreement.
E.
We
provide the Program "as is" and shall not be held liable for your use
of the information, content, or material contained therein. We will not be
liable for any delays in the receipt of any messages as delivery is subject to
effective transmission from your network operator. TO THE FULLEST EXTENT
ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE PROGRAM,
INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE.
If you don't agree to the terms
contained in this Agreement, please exit the Website by clicking the Back
button on your browser to return to the previous page.