Terms of Service
Last Updated: July 15, 2015
Welcome to the Internet websites of LUXER Corporation, a Delaware corporation (“LUXER”) on which these Terms of Service (the “Terms of Service”) are posted (collectively, the “Site”). LUXER is sometimes referred to herein as “we,” “us” or “our”. These Terms of Service apply to all products and services offered by LUXER on the Site and otherwise (collectively, the “Services”), including without limitation, our locker-based package delivery offering (“LUXER One”), the applications downloadable on mobile devices and tablet computers (the “Applications”), the Content (as defined below), and the Software (as defined below). Note that special terms might apply to some Services offered by LUXER. Any such special terms are in addition to these Terms of Service, and in the event of a conflict, prevail over these Terms of Service.
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE “I AGREE” OR “I ACCEPT” BUTTON OR ACCESSING OR USING ANY LUXER SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH LUXER. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE LUXER SERVICES.
LUXER reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms of Service or on the Site. By continuing to access or use the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using all the Services.
2. Age and Eligibility
IN ORDER TO USE THE SERVICES YOU MUST BE AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 YEARS OF AGE. INDIVIDUALS WHO ARE UNDER THE AGE OF 18 OR THE LEGAL AGE TO FORM A BINDING CONTRACT IN THEIR JURISDICTION (THE “MINORS”) ARE PROHIBITED FROM USING THE SERVICES. ACCORDINGLY, IF YOU ARE A MINOR, PLEASE DO NOT ATTEMPT TO REGISTER FOR THE SERVICES OR SEND ANY INFORMATION ABOUT YOURSELF TO US, INCLUDING YOUR NAME, ADDRESS, TELEPHONE NUMBER, OR EMAIL ADDRESS. IN THE EVENT THAT WE LEARN THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A MINOR, WE WILL DELETE THAT INFORMATION AS SOON AS REASONABLY PRACTICABLE. IF YOU BELIEVE THAT WE MIGHT HAVE ANY INFORMATION FROM OR ABOUT A MINOR, PLEASE CONTACT US AT INFO@LUXERONE.COM . YOU REPRESENT THAT THE REGISTRATION DATA (AS DEFINED BELOW) THAT YOU PROVIDE ABOUT YOURSELF AS REQUESTED IN ANY ACCOUNT REGISTRATION FORM IS ACCURATE AND COMPLETE.
You represent that you are using the Services for their intended purpose. If you are registering or using the Services on behalf of a company or other organization, you represent that you have authority to bind your employer by your actions.
4. Account Registration
Services may require you to create an account to participate or to secure additional benefits (the “Account”). You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes, which may include third-party log-in credentials (like Facebook) (the “Registration Data”). You agree and understand that you are responsible for maintaining the confidentiality of your password, which, together with your username and/or e-mail address, allows you to access the Service. It is your responsibility to update or change such email address, as appropriate. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify us promptly at email@example.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Services.
We may, in our sole and absolute discretion, suspend or terminate your account and your ability to use the Services or portion thereof for failure to comply with these Terms of Service or any special terms related to a particular service.
5. Social Media and Networking Sites
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing LUXER to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to LUXER and/or grant LUXER access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating LUXER to pay any fees or making LUXER subject to any usage limitations imposed by such third party service providers. By granting LUXER access to any Third Party Accounts, you understand that (i) LUXER may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the Services via your Account and (ii) LUXER may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or LUXER’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your LUXER Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. LUXER makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and LUXER is not responsible for any SNS Content.
You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to firstname.lastname@example.org , LUXER will deactivate the connection between the LUXER Services and your Third Party Account and delete any information stored on LUXER’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.
6. Payment Terms
Certain aspects of the Services are, or may in the future be, provided for a fee or other charge. In the event you choose to use paid aspects of the Services, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted on the Services. All fees are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in United States dollars.
7.Use of Services
Subject to your compliance with these Terms of Service, LUXER grants you a limited, revocable, non-exclusive, non-transferable license to download and install a copy of any available application related to the Services (the “Applications”) on a mobile device or computer that you own or control from a store such as iTunes or Google Play (an “App Store”) and run such copies of the Applications solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application as permitted by the “Usage Rules” set forth in the such App Store Terms of Service. LUXER reserves all rights in the Applications not expressly granted to you by these Terms of Service.
The content contained on the Services, such as text, data, information, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by LUXER or by third parties that have licensed their Content to LUXER. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Services are configured to enable the download of particular Content, subject to your compliance with these Terms of Service, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of LUXER, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.
You may not, without the prior written permission of LUXER, “mirror” on any other server any material contained on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of LUXER. The trademarks, logos and service marks (the “Marks”) displayed on the Services are owned by LUXER or third parties. You are prohibited from use of those Marks without the express, written permission of LUXER or such third party. If you would like information about obtaining LUXER’s permission to use the Content on your website, e-mail us at email@example.com .
Subject to your compliance with these Terms of Service, in the event that we offer downloads of software on the Services and you download such software, the software, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.
8. LUXER One Service
Once you register to use the LUXER One Service, you may order packages to be delivered to the locker location for which you have registered (your “Locker Location”) by third parties that are not owned or operated by LUXER. In such instances, LUXER acts only as the link between you and such businesses. LUXER is not responsible for, nor does LUXER retain any ownership in, any packages ordered by you to be delivered to your Locker Bank. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. LUXER makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that LUXER makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
Once you are notified that a package has been delivered, you will need to pickup the package from your Locker Bank. Your location may charge fees for this service and may have limits on how long they will retain your package. You may review the applicable charges for your locker location by visiting your account settings. If your package is not picked up in the time allotted, LUXER reserves the right to return such package to the sender. You may be responsible for paying return shipping and handling costs. In no event will LUXER be responsible for shipping and handling charges associated with returning a package to the sender in accordance with this policy.
LUXER will not be responsible for any lost or stolen packages unless directly only to the extent materially due to a locker malfunction. If a lock or code is not working properly, please inform LUXER by e-mailing firstname.lastname@example.org . We will use our best efforts to maintain working order of Lockers and to fix any malfunctions within twenty-four (24) business hours after learning of such malfunction.
You can check with Luxer One or your property staff to find out your location’s policy if you are sent a package that is too large to fit in your Locker (either because the package is too large or because the system is full).
9. Privacy and Your Personal Information
LUXER may record video, take pictures of users and package labels or capture a signature when packages are dropped off or picked up. You consent to LUXER’s right to capture you or your likeness via videotape, film, record, photograph, or voice, and in exchange for the right to use the Services, you hereby irrevocably grant to the Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to (1) use any such videotape, film, record or photograph of you and/or your signature to provide and solely improve the Services and (2) use, and permit to be used, your name and identity solely in connection with LUXER’s performance and delivery of the Services.
You hereby waive all rights and release LUXER and its affiliates, and their officers, directors, employees and agents from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of your identity, likeness or voice in connection with the Services.
You acknowledge that LUXER shall not owe any financial or other remuneration for using the recordings provided hereunder, either for initial or subsequent transmission or playback, and further acknowledge that the LUXER is not responsible for any expense or liability incurred as a result of your recordings or participation in any recordings, including any loss of such recording data.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (the ” Feedback”). You may submit Feedback by emailing us at email@example.com or through any other means provided in the Services. You acknowledge and agree that all Feedback will be the sole and exclusive property of LUXER and you hereby irrevocably assign to LUXER and agree to irrevocably assign to LUXER all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At LUXER’s request and expense, you will execute documents and take such further acts as LUXER may reasonably request to assist LUXER to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
12 Rules of Conduct
Your use of the Service is expressly conditioned upon you complying with the following restrictions:
- You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Service, without LUXER’s express written consent, which may be withheld in LUXER’s sole discretion;
- You may not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service;
- You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
- You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club userships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
- You will not create multiple accounts with the same credit card.
- You will not create and delete accounts to redeem the same offers.
- You will not add the same account multiple times to your account.
LUXER will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Service security issues, to the fullest extent of the law. LUXER may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that LUXER has no obligation to monitor your access to or use of the Service or to review or edit any User Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. LUXER reserves the right, at any time and without prior notice, to remove or disable access to any content, including any User Content, that LUXER, in its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service.
13. Links to Third Party Sites, Products, and Services
The Services may contain links to third party websites, applications, products, and services that are offered and/or maintained by others (collectively, “Third Party Services”). Any such links are provided solely as a convenience to you and not as an endorsement by LUXER of the Third Party Services. LUXER is not responsible for such Third Party Services and does not make any representations or warranties regarding such Third Party Services or the privacy practices of such third parties. If you decide to access such Third Party Services, you do so at your own risk.
14. Copyright Policy; Digital Millennium Copyright Act
LUXER respects the intellectual property rights of others. It is LUXER’s policy, at its discretion and when appropriate, to terminate the accounts of users who may infringe or repeatedly infringe the copyrights of third parties.
To submit a copyright infringement notification to LUXER, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the below-specified Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the 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.
- 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.
- 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.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
DMCA Designated Agent
Attn: Legal Department
1530 Custer Ave.
San Francisco, CA 94124
15. Export Control
The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Services to countries or persons prohibited under export control laws. By downloading the Services, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Services.
16. Warranties; Disclaimers; Limitation on Liability
THE LUXER SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LUXER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LUXER MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LUXER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LUXER OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER LUXER NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE (INCLUDING BUT NOT LIMITED TO THE OWNER OF THE PROPERTY AT WHICH YOUR LOCKER BANK IS LOCATED OR ITS RELATED SUBSIDIARY, PARENT, OR AFFILIATE (THE “LANDLORD”)) WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LUXER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL LUXER’S OR THE LANDLORD’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO LUXER FOR USE OF THE SERVICES, OR FIFTY DOLLARS ($50.00 USD) IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LUXER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless LUXER, the Landlord and each of their respective affiliates, and their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Service.
18. Accessing and Downloading the Applications
The following applies to any Application accessed through or downloaded from an App Store (“App Store Sourced Application”):
- You acknowledge and agree that (i) these Terms of Service are concluded between you and LUXER only, and not an individual App Store, and (ii) LUXER, not the App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store, and the App Store may refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Such App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between LUXER and the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of LUXER.
- You and LUXER acknowledge that, as between LUXER and an App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and LUXER acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between LUXER and such App Store, LUXER will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
- You and LUXER acknowledge and agree that the App Store, and the App Store’s subsidiaries, are third party beneficiaries of these Terms of Service as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms of Service, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
- Without limiting any other terms of these Terms of Service, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Site will be construed in accordance with and determined by the laws of the State of California applicable to contracts entered into and performed within the State of California without respect to its conflict of laws principles. By using the Services, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Services is the United States District Court for the District of California, or any California State court sitting in San Francisco County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without LUXER’s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. LUXER may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
The failure of LUXER to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LUXER. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
20. Contact LUXER
In the event of a complaint, or to request further information, we may be contacted in writing at LUXER Corporation, 1530 Custer Ave., San Francisco, CA 94124, USA, or by e-mail at firstname.lastname@example.org.