1. INTRODUCTION AND ACCEPTANCE
Welcome to HereWeAreWithLuci.com and BetterBrighterEasier.com ("Websites/Blogs") is an interactive online service operated by LUCIMAC Productions, LLC ("us", "we", or "our").
2. INTELLECTUAL PROPERTY
LUCIMAC® and HERE WE ARE® are Registered Trademarks in The US Patent & Trademark Office; additionally, CHICK FLICK CHAT℠, SHADES OF CHARTREUSE™, ONE BY ONE™, and BETTER BRIGHTER EASIER™, and ROOMIGATOR™ are Trademarks of LUCIMAC Productions, LLC.
3. WEBSITEs/BLOGs ACCESS AND USE
(i) Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website/Blog or Website/Blog Content;
(ii) Circumvent, disable or otherwise interfere with security-related features of the Website/Blog including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website/Blog or Website/Blog Content;
(iii) Use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website/Blog or Website/Blog Content for any purpose without the express written permission of LUCIMAC Productions. Notwithstanding the foregoing, LUCIMAC Productions grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website/Blog Content from the Website/Blog for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website/Blog Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
(iv) Collect or harvest any personally identifiable information from the Website/Blog including, without limitation, user names, passwords, email addresses;
(v) Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) Attempt to or interfere with the proper working of the Website/Blog or impair, overburden, or disable the same;
(vii) Decompile, reverse engineer, or disassemble any portion of any the Website/Blog;
(viii) Use network-monitoring software to determine architecture of or extract usage data from the Website/Blog;
(ix) Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership (as defined in Section 5(B)) without permission, etc.);
(x) Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website/Blog.
4. CONDITIONS FOR LINKING TO WEBSITE/BLOG
We hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website/Blog from any site you own or control that is not commercially competitive with the Website/Blog and does not criticize or otherwise injure us, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.
5. USER REGISTRATION
(A) In order to access or use some features of the Website/Blog you may have to become a registered user, hereinafter your “Membership”. If you are under the age of eighteen, then you are not permitted to register as a user or otherwise submit personal information to LUCIMAC Productions.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information.
6. USER CONTENT
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website/Blog (collectively, "submit") messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content"). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website/Blog. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
(i) Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
(ii) Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
(iii) Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) Is an advertisement for goods or services or a solicitation of funds;
(v) Includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(vi) Contains a formula, instruction, or advice that could cause harm or injury;
(vii) Is a chain letter of any kind; or
(viii) The licensed use by us hereunder would result in us having any obligation or liability to any party.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website/Blog will not be permitted.
(E) By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called "moral rights" or rights of "droit moral" with respect to the User Content.
(G) We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Website/Blog, or your use of the Website/Blog, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website/Blog and we have no obligation to return your User Content or otherwise make it available to you.
(H) The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to LUCIMAC Productions, LLC, PO Box 471, Cranford NJ 07016.
7. WEBSITE/BLOG CONTENT & THIRD PARTY LINKS
(A) We provide the Website/Blog including, without limitation Website/Blog Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website/Blog for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website/Blog Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website/Blog Content.
(B) In many instances, Website/Blog Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website/Blog by anyone other than authorized employees or spokespersons while acting in their official capacities.
(C) If there is a dispute between persons accessing the Website/Blog or between persons accessing the Website/Blog and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release LUCIMAC Productions and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
(D) The Website/Blog may contain links to other website/Blogs maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party website/Blogs. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party website/Blogs or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website/Blog.
The Website/Blog may include certain services that may be available via your mobile phone, including without limitation (a) the ability to upload to the Website/Blog via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (c) the ability to access the Website/Blog from your mobile phone (Mobile Web) (collectively, the "Mobile Services"). We do not currently charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Website/Blog and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE/BLOG IS AT YOUR SOLE RISK. THE WEBSITE/BLOG AND WEBSITE/BLOG CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, LUCIMAC PRODUCTIONS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE/BLOG WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE/BLOG OR WEBSITE/BLOG CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE/BLOG OR ACCESSED THROUGH THE WEBSITE/BLOG; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE/BLOG; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE/BLOG WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
11. LIMITATION ON LIABILITY
(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
(B) If you become a registered user, you may terminate your Membership at any time by sending an e-mail to the “un-subscription” address provided by LUCIMAC Productions.
13. COPYRIGHT POLICY
(A) LUCIMAC Productions respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole discretion, LUCIMAC Productions may terminate and/or disable the Membership of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in its sole discretion, LUCIMAC Productions may remove or disable access to material on any of its website/Blogs or hosted on its systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). LUCIMAC Productions’ Designated Agent may be reached at:
Christopher Farella, Esq.
Epstein Becker & Green
One Gateway Center
Newark, New Jersey 07102-5311
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a 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 us to locate the material.
(iv) 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.
(v) A statement that you have 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.
(vi) 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.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response. For more information on our DMCA policy, please click on this hyperlink: Infringements.
14. CHOICE OF LAW; JURISDICTION AND VENUE
17. NO TRIAL BY JURY
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT OR OTHER PROCEEDING.
18. AMENDMENT; ADDITIONAL TERMS
19. TERRITORIAL RESTRICTIONS
Software related to or made available by the Website/Blog may be subject to United States export controls. Thus, no software from the Website/Blog may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Website/Blog, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
Effective: March 27, 2008. LUCIMAC Productions, LLC