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Site Terms and Conditions
All use of online web pages at websites offered by NextCity Labs technology limited company (“NextCity Labs”) or its subsidiaries or affiliated companies to which these terms and conditions are linked (“Site”), and any information and content included in the Site, is subject to the terms and conditions set forth below. By accessing, browsing and/or using the pages in this Site, you (collectively, “Site User,” «You» or «Your») agree to these site terms and conditions («Site Terms and Conditions»), and You represent that You are 18 years old or older. You should not attempt to access, browse or use the Site if You are not willing to be bound by and abide by these Site Terms and Conditions.
Section 1: Site
The Site may allow You to post photographs, graphics, designs, videos, remarks, comments, information and other materials regarding lighting products, lighting projects, and related topics («Content»). The Site also contains Content entered into the Site by employees and authorized representatives of NextCity Labs (“NextCity Labs Content”), and may contain Content entered into the Site by other persons (“Other Content”). The ownership rights in the Content posted by You (“Your Content”), the NextCity Labs Content and the Other Content are described below. Participation in the Site as a Site User does not provide You with any ownership right in this Site, except as expressly provided in these Site Terms and Conditions. Except as otherwise expressly provided herein, all intellectual property rights associated with this Site – including, without limitation, Site presentation, Site organization and structure, visuals and graphics; user navigation; programming; software code; any copyrighted, trademarked and patented information and processes – are retained and reserved by NextCity Labs and are sole and exclusive property.
Section 2: Your Content and Other Content
Section 3: Acuity Content License and Restrictions
The Acuity Content provided in the Site represents valuable proprietary and intellectual property of NextCity Labs or its licensors. Such Content is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any NextCity Labs Content, except as expressly permitted in these Site Terms and Conditions. Subject to these Site Terms and Conditions, NextCity Labs grants You the limited, nonassignable, nontransferable license to use the NextCity Labs Content, features and services provided by NextCity Labs on this Site, solely in connection with the Site and solely for Your personal, non-commercial use, and to upload Your Content to the Site. You agree to maintain and abide by any trademark, copyright or other proprietary notices on the NextCity Labs Content and that are provided in these Site Terms and Conditions. Other than as specifically directed and allowed on the Site, any attempt to download, or to print, publish or maintain a significant portion of NextCity Labs Content from the Site, to distribute copies of such NextCity Labs Content, to modify or reuse the NextCity Labs Content or to otherwise exploit the NextCity Labs Content in violation of the intellectual property or proprietary rights of NextCity Labs or others is strictly prohibited by these Site Terms and Conditions. Except as expressly permitted in this Section, You shall have no right to use any brand, logo, trademark or other mark of NextCity Labs or any NextCity Labs subsidiary or business division, without the express written permission of an authorized NextCity Labs representative.
Section 4: Copyright Complaint Policy
If You believe in good faith that any NextCity Labs Content or Other Content infringes your copyright, please notify NextCity Labs and provide the written information requested below: Clear identification of the copyrighted work or other intellectual property You claim was infringed. Clear identification of the NextCity Labs Content or Other Content You claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. A statement by You declaring under penalty of perjury that (a) the above information in Your notice is accurate, and (b) that You are the owner, or are authorized to act on behalf of the owner, of the copyright interest involved. Your contact information so that we may contact You, preferably including an email address and telephone number. Your physical or electronic signature. Notices of claims of copyright infringement on this website should be emailed or mailed to:
NextCity Labs Technology Limited Company
Unit B 16/F. JCG Building, 16. Mongkog road.
We will review and address all notices that comply with the requirements above. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, NextCity Labs will terminate, in appropriate circumstances and at NextCity Labs’ sole discretion, access by users who are deemed to be repeat infringers. NextCity Labs may also at its sole discretion limit access to the Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If You receive an infringement notice from NextCity Labs, You may provide counter-notification in writing to the agent designated above, in accordance with the provisions of the DMCA.
Section 6: Use of the Site
Without serving as limitation, You agree to comply with all notices, instructions and rules posted on the Site. You agree not to use the Site for any unlawful purpose or in anyway that might harm, damage, or disparage any other party. Without limiting the preceding and by way of example, You agree not to:
– Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
– Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral or otherwise objectionable material or information;
– Create a false identity, or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of any of Your Content or Other Content, including, but not limited to, forging headers or manipulating identifiers or providing misleading information to any feedback system employed through the Site;
– Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
– Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers;
– Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site, through hacking, password mining or any other means;
– Permit anyone other than You to gain access to or use the Site, or Your logins and passwords;
– Upload, post or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
– Upload, post or otherwise transmit any content that You do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or confidential information learned from Your employer or under confidentiality agreements);
– Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, «junk mail,» «spam,» «chain letters,» «pyramid schemes,» or any other form of solicitation (commercial or otherwise);
– Upload, post or otherwise transmit any material that is harmful to minors;
– Use the Site in any manner whatsoever that could lead to a violation of any state or local laws, rules or regulations;
– Reverse engineer, decompile or disassemble the Site of any of the software that is a part of the Site;
– Interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site, any activities conducted on or through the Site or any servers or networks connected to the Site, or violate any measure employed to limit or prevent access to the Site or its content; or
– Take or attempt any action that, in the sole discretion of the Site imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site.
Section 7: Links to and/or from the Site
From time to time, the Site may contain links to third-party web sites not controlled by NextCity Labs. NextCity Labs provides such links as a convenience to You, and in no way endorses such third party sites. You acknowledge and agree that NextCity Labs is not responsible for any aspect of the information or content contained on any third party sites accessible or linked to the Site. You agree not to «frame» or «mirror» any content or information contained on or accessible from the Site without the prior written approval of NextCity Labs or its licensors, as may be appropriate. If You wish to provide a link to this Site, You may do so under the terms and conditions of these Site Terms and Conditions, but You may not use or replicate NextCity Labs Content; You agree not to create a browser, border environment or frame for NextCity Labs Content; You may not imply that NextCity Labs is endorsing You or Your products or services; You may not misrepresent your relationship with NextCity Labs; You may not present false information about NextCity Labs products or services; and Your linked Web site may not contain content that could be construed as distasteful, offensive or controversial, and/or contain content that is not appropriate for all age, racial, religious or other groups protected by law. If You violate these promises, You agree to be responsible for all claims, costs, losses, expenses, damages and liabilities associated with such acts or omissions and indemnify and hold NextCity Labs harmless as provided below, and You agree to remove any link to this Site immediately upon the request of NextCity Labs.
Section 8: Indemnity
You agree to indemnify and hold harmless NextCity Labs, its directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to legal and accounting fees) arising from or resulting from all demands, lawsuits, claims, causes of action, and proceedings («Claims») arising from or in any way relating to each of the following: (i) Your use of the Site, (ii) content that You submit, post, or otherwise transmit to the Site, or that is submitted with the use of Your screen name, including without limitation via e-mail to NextCity Labs, (iii) Your violation of these Site Terms and Conditions or (iv) Your misuse of the Site. NextCity Labs shall notify You promptly of any such Claim and may, at its sole discretion, assist You, at Your sole expense, in defending any such Claim. Notwithstanding the foregoing, You shall keep NextCity Labs informed of the progress of any such Claim, and You shall not have the authority to admit any liability on the part of NextCity Labs in connection with any such Claim and shall not enter into a settlement or resolution which admits liability or fault on the part of NextCity Labs or fails to release NextCity Labs from all claims and liability. If You fail to act against such Claims as provided herein, or NextCity Labs otherwise reasonably believes that its position is or will be compromised through Your defense of the Claim, NextCity Labs shall have the right to take appropriate legal action and You shall pay all expenses actually and reasonably incurred in connection therewith.
Section 9: No Warranty
NextCity Labs does not warrant that, and NextCity Labs is not obligated to ensure that, this Site will operate free from error, delay or downtime or that this Site or the information and content on this Site are free of computer viruses and other harmful codes. If Your use of the Site results in the need for servicing or replacing or recovering equipment, software or data, NextCity Labs is not responsible for those costs. You agree that use of the Site is at Your own risk. The Site and all information, including the NextCity Labs Content and Other Content, on the Site are provided on an «as is» basis without warranty of any kind. Except as otherwise expressed herein, to the fullest extent permitted by law, NextCity Labs disclaims all warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability, noninfringement, quiet enjoyment, title, and fitness for particular purpose. NextCity Labs makes no warranties about the accuracy, noninfringement, reliability, completeness, or timeliness of the content or information provided on the Site. NextCity Labs makes no warranties that the Site will be available at or for any specific time, available in any specific location or jurisdiction.
Section 10: Limitation of Liability
You acknowledge and agree that in no event will NextCity Labs, its officers, directors, shareholders, employees or agents be liable to You or any of Your employees, contractors or agents for any indirect, consequential, incidental, special, exemplary or punitive damages, or for any loss of profits, business, or revenue, or any loss of data, content or information, regardless of whether NextCity Labs was advised of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise. Direct damages related to use of the Site shall not exceed $100. As otherwise permitted by applicable law, You hereby waive any state law that limits or prohibits a general release of liability. Some states or jurisdictions do not allow the exclusion or limitation of certain damages or the disclaimer of certain warranties. The limitations and disclaimers provided in these Site Terms and Conditions are intended to apply to the fullest extent allowable under applicable law.
Section 11: Release
In the event of any dispute arising between You and another Site visitor or visitors arising out of or related to Your use of the Site, You hereby release and hold harmless NextCity Labs, its affiliates, partners, officers, employees and attorneys from any and all claims, damages or costs that may arise in connection with any claims, losses and damages of any kind (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute regardless of whether NextCity Labs was advised of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise.
Section 12: Termination
These Site Terms and Conditions will continue until terminated by either NextCity Labs or You. You may terminate Your access rights to the Site at any time by discontinuing use of the Site and providing notice to NextCity Labs. NextCity Labs may discontinue or change the Site or deny or revoke Your access to this Site, or any part thereof, at any time in its sole discretion, with or without cause. Upon termination of these Site Terms and Conditions, all Sections of these Site Terms and Conditions shall remain in full force and effect except for the Content License and Restrictions section.
Section 13: Notices
Except as provided in Sections 4 and 8, all notices required to be given to NextCity Labs hereunder shall be sent by certified mail or nationally recognized overnight courier to:
NextCity Labs Technology Limited Company
Unit B 16/F. JCG Building, 16. Mongkog road.
All notices required to be given to You hereunder may be posted on the Site or delivered to the e-mail address You provided to NextCity Labs at the time of registration, and as changed by You from time to time, and shall be effective upon posting and/or delivery, whichever occurs first.
Section 14: Governing Law and Jurisdiction
These Site Terms and Conditions shall be exclusively construed, governed and enforced under the laws of the European Union (without regard to rules governing conflict of laws). You agree that the exclusive venue for all actions, relating in any manner to these Site Terms and Conditions or use of the Site, shall only be in a court of competent jurisdiction located in European Union, Spain. You hereby consent and submit to the in personam jurisdiction of such courts, and to the extent permitted by law, hereby consent that all services of process may be made by any nationally recognized overnight courier, or first class mail, postage prepaid and return receipt requested. You waive any objection based on forum non conveniens and waive any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. You agree that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.
Section 15: Force Majeure
NextCity Labs shall not be liable for delay in any of its performance hereunder due to causes beyond its reasonable control, including but not limited to, an act of God, war, natural disaster, governmental regulations, communication or utility failures or casualties, or the failures or acts of third parties.
Section 16: Entire Agreement
Section 17: Assignment
Except as otherwise provided therein, You may not assign Your rights or obligations under these Site Terms and Conditions, including without limitation through any change of control or by operation of law, in whole or in part, without the prior written consent of NextCity Labs. NextCity Labs may freely assign any or all of its rights and obligations under these Site Terms and Conditions, in whole or in part for any reason. Subject to the foregoing restrictions, these Site Terms and Conditions will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
Section 18: Miscellaneous
Section 19: Compliance with Applicable Laws
General Laws: You agree to comply with all applicable laws, statutes and regulations in the performance of their obligations under these Site Terms and Conditions.