TABLE OF CONTENTS
lightpholio.com is a venue.
Links to third party sites/Third party services.
No unlawful or prohibited use/Intellectual Property.
Use of communication services.
Materials provided to lightpholio.com or posted on any LightPholio App web page.
Class Action Waiver.
Changes to Terms.
Welcome to lightpholio.com. The lightpholio.com website (the “Site”) is comprised of various web pages operated by UtterJargon Media LLC (“LightPholio App”). lightpholio.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of lightpholio.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
lightpholio.com is a venue LightPholio is a full-featured, Apple device app that puts access to hundreds of lighting manufacturer’s catalogues and brochures right in your hands. Designed specifically for showroom sales people, designers and other lighting industry professionals, Lightpholio replaces cluttered, space-consuming bookshelves with the attractive, convenient viewing experience of an iPad or iPhone. Your showroom should be filled with lighting fixtures, not bookshelves. Make room for more product and make more sales with Lightpholio.
Electronic Communications Visiting lightpholio.com or sending emails to LightPholio App constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to third party sites/Third party services lightpholio.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of LightPholio App and LightPholio App is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LightPholio App is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LightPholio App of the site or any association with its operators.
Certain services made available via lightpholio.com is delivered by third party sites and organizations. By using any product, service or functionality originating from the lightpholio.com domain, you hereby acknowledge and consent that LightPholio App may share such information and data with any third party with whom LightPholio App has a contractual relationship to provide the requested product, service or functionality on behalf of lightpholio.com users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is not the property of LightPholio App or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LightPholio App content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LightPholio App and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LightPholio App or our licensors except as expressly authorized by these Terms.
Use of communication services The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
LightPholio App has no obligation to monitor the Communication Services. However, LightPholio App reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. LightPholio App reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
LightPholio App reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LightPholio App’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. LightPholio App does not control or endorse the content, messages or information found in any Communication Service and, therefore, LightPholio App specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized LightPholio App spokespersons, and their views do not necessarily reflect those of LightPholio App.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to lightpholio.com or posted on any LightPholio App web page LightPholio App does not claim ownership of the materials you provide to lightpholio.com (including feedback and suggestions) or post, upload, input or submit to any LightPholio App Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting LightPholio App, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. LightPholio App is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in LightPholio App’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users The Service is controlled, operated and administered by LightPholio App from our offices within United States and elsewhere. If you access the Service from a location outside United States, you are responsible for compliance with all local laws. You agree that you will not use the LightPholio App Content accessed through lightpholio.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification You agree to indemnify, defend and hold harmless LightPholio App, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LightPholio App reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LightPholio App in asserting any available defenses.
Arbitration In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agrees otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. lightpholio.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
lightpholio.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. lightpholio.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination/access restriction LightPholio App reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LightPholio App as a result of this agreement or use of the Site. LightPholio App’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LightPholio App’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LightPholio App with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LightPholio App with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LightPholio App with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms LightPholio App reserves the right, in its sole discretion, to change the Terms under which lightpholio.com is offered. The most current version of the Terms will supersede all previous versions. LightPholio App encourages you to periodically review the Terms to stay informed of our updates.
Contact Us LightPholio App welcomes your questions or comments regarding the Terms. Questions about the Terms of Service should be sent to us at our website.
Acknowledgement YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF LightPholio App AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND LightPholio App, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND LightPholio App RELATING TO THE SUBJECT OF THIS AGREEMENT.
Collection of your Personal Information LightPholio App may collect personally identifiable information, such as your name. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by LightPholio App. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the LightPholio App website.
LightPholio App encourages you to review the privacy statements of websites you choose to link to from LightPholio App so that you can understand how those websites collect, use and share your information. LightPholio App is not responsible for the privacy statements or other content on websites outside of the LightPholio App website.
Use of your Personal Information LightPholio App collects and uses your personal information to operate its website(s) and deliver the services you have requested.
LightPholio App may also use your personally identifiable information to inform you of other products or services available from LightPholio App and its affiliates. LightPholio App may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
LightPholio App does not sell, rent or lease its customer lists to third parties.
LightPholio App may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name) is not transferred to the third party. LightPholio App may share data with trusted partners to help perform statistical analysis, send you email and/or provide customer support. All such third parties are prohibited from using your personal information except to provide these services to LightPholio App, and they are required to maintain the confidentiality of your information.
LightPholio App may keep track of the websites and pages our users visit within LightPholio App, in order to determine what LightPholio App services are the most popular. This data is used to deliver customized content and advertising within LightPholio App to customers whose behavior indicates that they are interested in a particular subject area.
LightPholio App will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on LightPholio App or the site; (b) protect and defend the rights or property of LightPholio App; and, (c) act under exigent circumstances to protect the personal safety of users of LightPholio App, or the public.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize LightPholio App pages, or register with LightPholio App site or services, a cookie helps LightPholio App to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as name, email address, and so on. When you return to the same LightPholio App website, the information you previously provided can be retrieved, so you can easily use the LightPholio App features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the LightPholio App services or websites you visit.
Security of your Personal Information LightPholio App secures your personal information from unauthorized access, use or disclosure.
All information you provide to us is stored on our secure servers.
Access by you to your account is available through a password and/or unique user name selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone, that you change your password often using a combination of letters and numbers, and that you ensure you use a secure web browser. We cannot be held accountable for activities that results from your own neglect to safeguard the secrecy of your password and user name. If you share a computer with anyone, you should always log out of your account after you are finished, in order to prevent access to your information from subsequent users of that computer. Please notify us as soon as possible if your user name or password is compromised.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this LightPholio App cannot be guaranteed and we shall have no liability to you or any third party for loss, misuse, disclosure or alteration of such information; and (c) any such information and data may be viewed or tampered with in transit by a third party.
In the unlikely event that we believe that the security of your personally identifiable information in our control may have been compromised, we will notify you as promptly as possible under the circumstances. To the extent we have your e-mail address, we may notify you by e-mail and you consent to our use of email as a means of such notification.
Children Under Eighteen LightPholio App does not knowingly collect personally identifiable information from children under the age of eighteen. If you are under the age of eighteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from LightPholio App by contacting us at our website.
Changes to this Statement LightPholio App will occasionally update this Statement of Privacy to reflect company and customer feedback. LightPholio App encourages you to periodically review this Statement to be informed of how LightPholio App is protecting your information.
Contact Information LightPholio App welcomes your questions or comments regarding this Statement of Privacy. If you believe that LightPholio App has not adhered to this Statement, please contact LightPholio App at our website.
Effective as of April-21-15
Copyright Our Website follows the safe harbor provisions of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). As such, we will respond to written notification of copyright infringements in accordance with the DMCA. If you believe your copyrighted material is being infringed on our Website, please contact us immediately.
In order for us to respond, you must provide us notice in a form that substantively complies with the safe harbor provisions of the DMCA. Your notice of claimed infringement must be a written and include all of the following:
- 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, a representative list of such works.
- 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 us to locate the material.
- Information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
If you do not provide a written notice that meets these elements, we will not honor your request and are not required by law to do so.
Effective as of April-21-15