The websites www.Lumiscale.com belongs to Lumiscale; which is a registered brand and powered by LumiScale Branding (Lumiscale Branding OPC Pvt. Ltd.). Indian Company (“Lumiscale”, “us”, and “we”).
These terms of use (“Agreement”) set forth the legally binding terms for your use of the Site and Services (whether as a Customer). By registering for Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.
1. Service
1.1 General.
Lumiscale provides an online platform that helps connect and support customers who wish to purchase the branding services.
1. Payment Terms
The following terms apply to Customers who have purchased a service from Lumiscale.
1.1 Payment and Delivery.
For the Project, (a) Customer will pay the Payment to Lumiscale, and (b) Complete payment is taken at the time of placing the project on Lumiscale website
1.2 Refunds.
All the payments made to Lumiscale are completely nonrefundable. We believe in quality work towards any task and we give our best to satisfy the clients from our end. Lumiscale may refund Customers for the following reasons: (i) the Sold Name is Defective; (ii) Lumiscale is required by law or considers that it is required by law to do so; (iii) Lumiscale determines that issuing a refund to Customer will avoid any dispute or increased costs to Lumiscale; (iv) Lumiscale issues the refund to Customer in accordance with any refund policy specified by Lumiscale from time to time; (v) the order placed (or request made) by Customer is found to be fraudulent. A Sold Name will be deemed to be “Defective” if: (i) Customer and Lumiscale agree it is defective ; (ii) the Sold Name is subject to a third party claim that the Sold Name infringes/misappropriates such party’s IPR, that is not frivolous.
Refund Turnaround Time:
Refunds, when applicable, will be processed within 5-7 working days from the date of request. Please note that the actual crediting of the refunded amount to the customer's bank account may vary depending on the policies of the respective bank.
1.3 General Payment Terms
All payment will be in the USD currency regardless of the location of the Site. You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any Sold Name via the Site. Lumiscale is not responsible for collecting, reporting, paying, or remitting to you any such Taxes. “Taxes” means any applicable duties, sales taxes, GST, VAT or other taxes which may be levied in respect of a transaction contemplated by this Agreement.
2. Important Disclaimers
2.1 Disclaimer
We make no warranties regarding the Nameing Projects or any other products or services provided by us, Customers, or other Users and each of the foregoing are provided by us “AS IS”. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction. Your interactions with other users are solely between you and such User and Lumiscale will not be responsible for any loss or damage incurred as the result of any such interactions (excluding those directly due to Lumiscale’ acts or the Services). If there is a dispute between you and any User, we are under no obligation to become involved. Notwithstanding the foregoing, Lumiscale will use commercially reasonable efforts to provide the Services described in this Agreement.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, your use of the Site and/or Services, any interactions or transactions of you with, or act or omission of you in relation to other Users, including Customers and Third Party Sites & Ads (excluding those directly due to Lumiscale’ acts or the Services). Lumiscale’ does not warrant that the functions supplied by, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the service is with client. In no event will Company be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo(s) or any design/material, even if company has been advised of the possibility of such damages.
3. Non-Circumvention
You agree not to circumvent the payment methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not: (a) Submit proposals or solicit parties identified through the Site to contact, hire, manage, or pay outside the Site. (b) Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site. You agree to notify Lumiscale immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to us by sending an email message to: support@lumiscale.com.
5. User Content
5.1 Your User Content
“User Content” means any and all information and content that a User submits to, or uses with, the Site or Services. User Content includes the Projects, and reviews and/or testimonials (“Reviews”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Lumiscale. Because you alone are responsible for your User Content (and not Lumiscale), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Lumiscale is not obligated to remove any Projects, or Reviews from the Site unless required by applicable Law. Lumiscale is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.5.2 License to User Content
You hereby grant, and you represent and warrant that you have the right to grant, to Lumiscale an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license for all the duration of the intellectual property rights to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services; provided that Lumiscale will only use your Project Brief to run the applicable Project in accordance with the private or public settings of the Project. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
6. Site
6.1 License
Subject to the terms of this Agreement, LumiScale grants you a non- transferable, non-exclusive, license to use the Site and Services (excluding Projects, Names in the Project Service, and Sold Names) for your internal business purposes.
6.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site or Services, or otherwise host or sub-license the Site and/or Services (or any part thereof); (b) you shall not modify, make derivative works of, adapt, translate, disassemble, reverse compile, decompile or reverse engineer any part of the Site or Services, or otherwise attempt to discover the source code in the Site and/or Services (or any part thereof); (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. Lumiscale reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Lumiscale will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that LumiScale will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
6.3 Feedback / Review
If you provide LumiScale any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign and agree to assign upon our request to LumiScale all rights in the Feedback and agree that LumiScale shall have the right to use such Feedback and related information in any manner it deems appropriate. LumiScale will treat any Feedback you provide to LumiScale as non-confidential and non-proprietary. You agree that you will not submit to LumiScale any information or ideas that you consider to be confidential or proprietary.
6.4 Ownership
Each User owns its own User Content. Excluding your User Content, you acknowledge that all the IPR in the Site and Services are owned by LumiScale or LumiScale' licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR. LumiScale and its suppliers reserve all rights not granted in this Agreement.
7. Acceptable Use Policy
7.1 Privacy
You represent and warrant that you will comply with applicable privacy laws and data protection laws in relation to the storage, use and transfer of personal information.
7.2 User Content
You agree not to use the Site or Services with any User Content or to provide any products or services that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (including by allowing any third party to download or reuse any User Content in violation of any such third party rights, by using any work in an editorial manner without affixing the necessary credit or attribution or by posting or uploading or allowing any third party to post or upload any User Content on social media sites that grant exclusive rights or ownership in respect of such User Content to any third party); (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, slanderous, indecent, pornographic, obscene, patently offensive (e. g. , material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way or that would otherwise imply that the creator of the User Content, or the persons or property appearing in the User Content (if any), endorse any political, economic or other opinion-based movements or parties or in a way that places any person in the User Content in a bad light or in a defamatory, unlawful, immoral or offensive manner; (c) is in violation of any Laws, or obligations or restrictions imposed by any third party; or (d) would cause a material risk to the security or operations of LumiScale or any third party.
7.3 Use Restrictions
You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise, or to offer, use, or permit the use of the Site and/or Services in a computer service business, third-party outsourcing service, on a membership or subscription basis, on a service bureau basis, on a time-sharing basis, as part of a hosted service, or on behalf of any third party, or to sell, license or distribute any work as stand-alone or as part of an online database or any other database, or any derivative product containing any work in such way that is intended to allow a third party to use, download, extract or access the work as a stand-alone file or otherwise share any work with any third party; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks, or remove, obscure, or alter any proprietary notices associated with the Site and/or Services; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Site, or otherwise attempt to interact with the operating system underlying the Site and/or Services. (j) If any one accessing the website or any service finds any sequrity loops or any problems are obligated to report to lumiscale through support@lumiscale.com
7.3
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
8. Indemnity
You agree to indemnify and hold LumiScale (and its officers, employees, and agents) harmless, including reasonable costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content (including your Project, names in the Project Service, and Reviews), (iii) your interaction with any other User, (iv) your violation of this Agreement or any applicable laws. LumiScale reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of LumiScale. LumiScale will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. Third Party Sites & Ads
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of LumiScale and LumiScale is not responsible for any Third Party Sites & Ads. LumiScale provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
10. Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account), including in part or in full, or (b) terminate this Agreement, at any time for a legitimate purpose, including in part or in full, and including for any use of the Site or Services in violation of this Agreement or where any of our licensors terminates our licence to use any content. Upon termination of this Agreement, your Account and right to access and use the Site and Services (or relevant part thereof) will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases. However we reserve the right to continue to use your User Content to the extent permitted under applicable law. LumiScale will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content.
11. Disclaimers
The Site and Services are provided “AS-IS” and “AS AVAILABLE” and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site or Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
12. Limitation on Liability
In no event shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this Agreement or your use of, or inability to use, the Site or Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom. Notwithstanding anything to the contrary contained herein (but subject to clause 14.4), our (and our suppliers’) liability to you for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) Three Thousand Rupees (INR 3000) or (b) amounts you have paid LumiScale in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit. Some states do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from state to state.**
13. General
13.1 Changes to Terms of Use
This Agreement (including pricing terms) is subject to occasional revision, and if we make any substantial changes, we may (or may not be) notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
13.2 Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to LumiScale is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without LumiScale prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
13.3 Copyright/Trademark Information
Copyright © 2021, LumiScale. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
13.4 Contact Information
support@LumiScale.com
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