Terms & Conditions
Last updated July 28, 2018
All content on the site is the sole property of Brand(x)Lux unless otherwise noted, and may not be reproduced without our consent.
This page describes the terms and conditions that govern your use of Brand(x)Lux digital products, including the website www.Brand(x)Lux.com offered by Brand(x)Lux (“us” or “we”).
All content on the site is the sole property of Brand(x)Lux unless otherwise noted, and may not be reproduced without our consent.
GENERAL RULES AND DEFINITIONS
1.1 If you choose to use www.brandxlux.com any mobile sites or any of the features of this site (the “Site”), including but not limited to RSS, API, software and other downloads (collectively, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and Brand(x)Lux. However you access the Sites and Services, you agree to be bound by these terms and conditions.
1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and Services and by continuing to use this Site and Services, you agree to any changes. We may change, suspend or discontinue any aspect of the Services at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
1.3 Your continued use of the Site and Services now, or following the posting of notice of changes in these operating rules, will indicate acceptance by you of such rules.
CONTENT OF THE SERVICES
2.1 The contents of the Services, including the Site, are intended for your personal, non-commercial use. All content, information and materials appearing on or deriving from the Services (including, but not limited to commentary, opinion, news articles, photographs, images, illustrations, audio clips, video clips, links), also known as the “Content”, are protected by copyright, and owned or controlled by Brand(x)Lux or the party credited as the provider of the Content. You acknowledge that, as between Brand(x)Lux and you, Brand(x)Lux is the sole owner of all content on the Site and Services, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto.
2.2 The Services and Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Site or Services for personal use only, or use by persons authorized by Brand(x)Lux to access the Content, provided that you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print.
2.4 You will not sell, redistribute, retransmit, reproduce, display or otherwise provide access to the Content to any third party, nor modify or create derivative works from any Content.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 The Site or Services contain links to other related World Wide Web Internet sites, resources, and advertisers. Since we are not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
DATA PROTECTION
4.1 Please see our Privacy Policy for details of how personally identifiable information is collected and may be processed or shared with others.
COMMUNICATIONS BETWEEN Brand(x)Lux AND USERS
5.1 Brand(x)Lux reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.
5.2 Brand(x)Lux may contact you via e-mail regarding your participation in user surveys, asking for feedback on current Services or prospective products and services. This information will be used to improve the Services and better understand our users, and any information we obtain in such surveys will not be shared with third parties.
REGISTRATION AND SECURITY
6.1 As part of the registration or account creation process, you will create login credentials by selecting a password, providing an e-mail address and a valid credit card number. You also have to give us certain registration information, all of which must be accurate and updated.
6.2 Each registration is for the specific number of users as defined in the four subscription tiers on our website. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Brand(x)Lux Services if you share your login credentials.
DMCA notice
7.1 If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(i) identification of the copyrighted work or works claimed to have been infringed;
(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
(iii) your contact information including name a address, telephone number, and, if available, an email address;
(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the work, its agent, or the law;
(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) your physical or electronic signature;
Brand(x)Lux’s designated copyright agent to receive notifications of claimed infringement is: contact@brandxlux.com. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
Additional disclaimers
8.1 Visitors to the Site agree that their use of the Site is at their own sole risk. The Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Brand(x)Lux also makes no representations and warranties as to any linked sites and Brand(x)Lux has no liability or responsibility with respect to your use of such sites.
8.2 This disclaimer of liability applies to any damages or injuries caused by the Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Brand(x)Lux does not warrant or guarantee that access to the Site will be uninterrupted or error-free.