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EFFECTIVE DATE: AUGUST 22, 2017
MB Lumius is pleased to provide you Smart Customizer App (https://www.smartcustomizer.com, https://app.smartcustomizer.com), which allows a user to provide digital tools for product personalization. All elements of Smart Customizer App, are referred to herein as the "Services," and may be modified from time to time at our sole discretion.
IMPORTANT: THIS AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) ("YOU" or "YOUR") AND MB LUMIUS (HEREINAFTER "COMPANY," "WE", "US" OR "OUR") THAT SETS FORTH THE LEGAL TERMS AND CONDITIONS FOR YOUR USE OF SMART CUSTOMIZER APP (THE "APPLICATION") AND OTHER SERVICES OFFERED BY COMPANY FROM TIME TO TIME AND OTHER SERVICES OFFERED THROUGH THIRD PARTIES INTEGRATING COMPANY FUNCTIONALITY (COLLECTIVELY, "SERVICE(S)").
Agreement. BY REGISTERING WITH US AND USING SMART CUSTOMIZER APP OR ANY SERVICES FROM COMPANY, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED. PLEASE SEE SECTION 11 FOR MORE DETAILS.
We reserve the right to change the terms and conditions of this Agreement or to modify or discontinue the Services offered by Company at any time. If we change this Agreement, we will post the revised Agreement on the applicable website(s) or the Application and attempt to give you notice via posting on the website(s) or sending you an email at the address you have provided (if any). Those changes will go into effect on the effective date shown in the revised agreement.
By continuing to use the Application or any services from Company after the new effective date, you agree to be bound by such changes. Please read this Agreement carefully and check these Terms and Conditions periodically for changes.
Account. A Smart Customizer App account is required in order to take full advantage of the Services. The account can be created by filling out the appropriate form. You agree to provide only accurate and true information in connection with the creation of your account, and to update your information as necessary so it remains accurate and current. You may not transfer your account to any third party. You are responsible for keeping your account login information confidential and for any and all activities that occur under your account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the Services. You will have the ability to pick an available username to link to your account. Please note that Company retains the right at any time to deactivate, reallocate or rename your username at its sole discretion. In the event of the deactivation, reallocation or renaming of your username all your User Content and Services shall continue to remain associated with your account, subject to the terms of this Agreement.
Fees. Depending on the selected Smart Customizer App plan, you are required to pay the applicable fee. All Fees are in USD and are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof. If Company is obligated to collect or pay taxes for the fees payable by you, and whether or not such taxes were added and collected from you for previous transactions, such taxes may be added to the payment of any outstanding fees and will be reflected in the invoice for such transaction. Company will issue an invoice to you. Company reserves the right to change the amount of the fee. Company does not offer refunds.
Minors. The Smart Customizer Application and Services are not intended for children under 13, and persons under the age of 13 are prohibited from registering with or using the Services. You represent and warrant that you are more than 18 years of age or, if you are above 13 and below 18 years of age, you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
Acceptable Use. You are responsible for your use of the Websites and Services, and for any use of Application and Services made using your account. Our goal is to create a positive, rewarding, and safe experience in connection with the Smart Customizer Application and Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Company. When you use the Application and Services, you may not violate any law or regulation; violate, infringe, or misappropriate other people's legal rights; or attempt to circumvent any technological measure implemented by Company or any other third party to protect the functioning of the Application.
If you elect to download the Smart Customizer App, the following also applies: Company grants you a personal, revocable, non-exclusive, non-transferable license (without a right to sublicense) to install and use a copy of Smart Customizer App subject at all times to this Agreement, including the restrictions on use, the acceptable use provisions and our right to remove your Content at our discretion at any time.
User Feedback. We appreciate your feedback and suggestions about our Services, but you agree that any feedback or suggestions submitted to us about the Services are entirely voluntary and that we will be free to use any such feedback or suggestions as we see fit and without any obligation to you.
DISCLAIMER. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE APPLICATION OR COMPANY'S SERVICES.
THE SERVICES ARE PROVIDED "AS IS." YOU MAY RELY ON THE SERVICES SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR USE OF THE APPLICATION OR THE SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT ARCHIVAL AND BACKUP COPIES OF ANY INFORMATION MADE AVAILABLE THROUGH THE APPLICATION OR SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE MALFUNCTIONING OF THE APPLICATION AND SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE FUNCTIONING OF THE APPLICATION OR SERVICES WILL NOT BE INTERRUPTED BY MALFUNCTIONING OF DATA STORAGE SERVICE PROVIDERS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS RESPECTIVE OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE APPLICATION OR THE SERVICES, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THE SERVICES BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION.
Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the Republic of Lithuania without regard to any conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Arbitration Agreement. Except as provided herein, you and Company agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Services or this Agreement (each a "Claim") shall be submitted for binding arbitration in accordance with the rules of the Vilnius Court of Commercial Arbitration ("VCCA"). If VCCA is not available to arbitrate, the parties shall agree to select an available alternative dispute resolution provider ("ADR Provider") and the rules of such provider shall govern all aspects of the arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations regulatory authorities or other governmental agencies. This Section 10 will survive the termination of your relationship with Company.
App Store. When you download this App [through a third party’s App Store] you acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store ("App Store Owner"). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services related to the operation of the App, its maintenance, support services, and addressing any claims relating thereto. In order to use the App, you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the use of the Application. Your use of the Application must comply with the App Store’s "Terms of Service" or equivalent terms. You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. You may send your requests with regard to the maintenance of the App to us at firstname.lastname@example.org.
Waiver. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
Unenforceability. If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
Authority. The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
Notices. You may contact us by writing us at the address or email address as follows: email@example.com.
Entire Agreement. This Agreement, including the documents referenced in this Agreement, constitutes the entire agreement between you and the Company with respect to the use of the Application and supersedes any and all prior agreements between you and the Company.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.