Terms and conditions

Terms and Conditions Last Updated: September 2020

 
This Website is operated by LuminoCity, Inc. (hereinafter “LuminoCity”). These terms and conditions (“Terms”) govern your access to the LuminoCity website https://www.luminocityfestival.com (the “Website”). 


Your access to and use of the Website is expressly conditioned on your compliance with these Terms. Certain features, services or tools of the Website may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms.


The term “you” or “User” shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to the Website. The terms “we,” “our” or “us” shall refer to LuminoCity. 


The Website is offered to you conditioned on your acceptance without modification of Terms contained herein. Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.


YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING, USING AND/OR CREATING AN ACCOUNT ON THE WEBSITE, CONSUMMATING A FINANCIAL TRANSACTION VIA THE WEBSITE OR COMMUNICATING WITH USERS THROUGH THE WEBSITE, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.


PRIVACY

Your use of the Website is subject to the LuminoCity Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs Users of our data collection practices.


USE OF OUR WEBSITE

The Website contains information regarding our upcoming festival “LuminoCity- An Immersive Wonderland of Lights” (the “LuminoCity Festival”) to be held at Randall’s Island Park on November 27, 2020 to January 10, 2021. Through the Website, Users will be able view where purchase tickets, as well information about the upcoming festival.  


Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not, and neither will any of our partners, be liable if for any reason our Website is unavailable at any time or for any period. You may be required to register an account with us and submit certain personal data to access certain parts of our Website.


You must be thirteen (13) years or over in order to use the Website and its services. If you are over the age 13, but under the age of 18, then you should have a parent or guardian review and approve these Terms and Conditions on your behalf prior to you using the Website. LuminoCity does not knowingly collect, either online or offline, personal information from persons under the age of 13. 


COVID-19 POLICIES AND GUIDELINES; RELEASE OF LIABILITY

 

In order to ensure the security of our staff and all guests attending the festival, we have implemented a series of guidelines in connection with COVID-19. We ask that all our guests read Please can read our COVID-19 Guidelines and follow such guidelines while attending the festival. Note that these guidelines may be changed at any time in order to follow any state and city laws, executive orders or regulations.


You acknowledge and agree that there is an inherent risk of your physical presence at the Festival and during your participation in any activity at the Festival which may cause injury or illness such as, but not limited to, influenza, MRSA, or COVID-19 that may lead to illness, paralysis or death. By attending the Festival you hereby represent and warrant that:


  1. You have not experienced or exhibited fever, fatigue, difficulty in breathing, dry cough or any other symptoms relating to COVID-19 or any communicable disease within the last 14 days;
  2. You have not, nor any member(s) of your household, traveled by sea or by air, internationally within the past 14 days; and
  3. You have not, nor any member of your household, visited any area within the United States that was reported to be highly affected by COVID-19, in the last 14 days .

You are fully and personally responsible for your own safety and actions while and during your participation at the Festival and recognize that you may be in any case be at risk of contracting COVID-19. WITH FULL KNOWLEDGE OF THE RISKS INVOLVED, YOU HEREBY RELEASE, WAIVE, DISCHARGE LUMINOCITY, ITS BOARD, OFFICERS, INDEPENDENT CONTRACTORS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER, DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH, THAT MAY BE SUSTAINED BY YOU RELATED TO COVID-19 OR ANY OTHER RELATED ILLNESS WHILE PARTICIPATING IN ANY ACTIVITY WHILE IN, ON, OR AROUND THE FESTIVAL OR WHILE USING THE FACILITIES OF THE FESTIVAL THAT MAY LEAD TO UNINTENTIONAL EXPOSURE OR HARM DUE TO COVID-19.


TICKET PURCHASE AND PAYMENT TERMS 

LuminoCity process all Tickets purchased by you through a third-party processing partner ShowClix (“Ticket Processor”). By entering your payment information when requested, you authorize Us and the Ticket Processor to charge and process the fees and charges assessed in connection with your ticket purchase. The Ticket Processor may ask you to supply information relevant to your purchase including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. If you pay any amounts with a credit card, the Ticket Processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for a transaction. While we take reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, we are not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. The Ticket Processor is responsible for transacting such payments through its platform, and you agree to release and hold us harmless from any errors, negligence or misconduct by the Ticket Processor. You authorize Ticket Processor to directly remit Us any applicable fees owed to Us. LuminoCity is not liable for any fees incurred due to billing errors. By purchasing a ticket you are ou are subject to ShowClix’s terms of service (https://www.showclix.com/terms-of-service


We reserve the right to establish, remove and/or revise ticket prices, services fees, and other additional charges in our sole discretion. Under no circumstances shall LuminoCity or its affiliates be held responsible for overdraft charges incurred from your financial institution as a result of any purchases through or in connection with the tickets. LuminoCity is not liable for any fees incurred due to billing errors. You may contact info@luminocityus.com for any ticket inquiries.


TICKETING POLICIES; REFUNDS

All Tickets are non-refundable and non-transferable. Ticket grants access only on the selected day and time slot. No re-entry is allowed. Once a ticket has been used, it cannot be changed, refunded, or exchanged, unless canceled due to extreme weather. Tickets can be exchanged for a different day or refunded if the event is canceled.

Customers turned away due to failed temperature checks may not rebook their visit for least 7 days from the original date. Please call ShowClix directly for next steps.

You can edit your name, phone numbers, and change your tickets to a different day or time slot depending on available capacity, by visiting https://www.showclix.com/my-tickets and signing in to manage your account. This option will be available for both admissions and shuttle tickets.

If you have additional questions about your Ticket purchase, please visit ShowClix Ticket Buyer Support Site https://www.showclix.com/ticketing/client-support 


MERCHANDISE PURCHASE

We will have Festival merchandise available on our website available for purchase. Please note that all payments purchases will be made through a third-party payment processor. The same terms for the payment of Tickets to the Ticket Processor shall apply to this section. LuminoCity may engage different payment partners in order to process your merchandise purchases.

  1. Returns. All returns must be made within 14 days from the delivery date of the product purchased. The product must not have not been used and should be its original condition and packaging in which you received it and all parts are included in the package. You will need to submit a return request though shop@luminocityus.com in order to request a return. Once we receive the submission, our customer service team will get back to you within 24 hours. Once your return is received and inspected, we will process the refund and send you a notification email. A credit will automatically be applied to the original method of payment within a certain amount of days, depending on your financial institution. We will not accept returns after 14 days from the delivery date of the product or if the item is damaged, destroyed, or missing parts for reasons not caused by us. Unfortunately we are unable to accept exchanges at this time. You will need to request a return and then make a new purchase through our website.
  1. Shipping. In order to return your product, customers should mail the product to: 

LuminoCity Inc.

330 W 38th Street

Suite 1501

New York, NY 10018

You will be responsible for the shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund .For further merchandise related questions, please reach out to us at shop@luminocityus.com 


LINKS TO THIRD PARTY WEBSITES/THIRD-PARTY SERVICES

The Website may contain links to other brands or services ("Linked Websites"). The Linked Websites are not under the control of LuminoCity and we are not responsible for the contents of any Linked Websites, including without limitation any link contained in a Linked Website, products or merchandise sold through the website, or any changes or updates to a Linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LuminoCity of the services or any association with its operators.  Certain services made available through the Website are delivered by third parties and organizations. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of LuminoCity and customers.


PROHIBITED USES

Use of the Website is limited to the permitted uses expressly authorized by us. The Website shall not be used in any way that:

  1. Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights)
  2. is unlawful, fraudulent, or deceptive;
  3. uses technology or other means to access unauthorized content or non-public spaces;
  4. uses or launches any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
  5. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. attempts to damage, disable, overburden, or impair our servers or networks;
  7. attempts to gain unauthorized access to a LuminoCity computer network;
  8. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  9. violates these Terms in any manner; or
  10. fails to comply with applicable third-party terms and conditions or other third-party policies.

INTELLECTUAL PROPERTY RIGHTS

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.


All content included as part of the Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of LuminoCity or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Our content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of LuminoCity and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LuminoCity or our licensors except as expressly authorized by these Terms.


RELEASE AND WAIVER OF LIABILITY

As part of the festival you may participate in certain activities, including without limitation amusement rides, games, and activities, which may pose a degree of risk and potential danger when engaging in such activities (collectively, “Activities”). You understand that the Activities all inherently involve risks and potential dangers and recognize the use of the Activities may result in accident, loss, damage, or physical injury including, but not limited to, minor injuries, broken bones, paralysis or death. You acknowledge you are not relying on the Festival to provide a list of all the possible risks and dangers that could potentially affect you, either in this Waiver or at any time, now or in the future.


YOU KNOWINGLY AND FREELY ASSUME ALL RISKS OF ANY NATURE, BOTH KNOWN AND UNKNOWN, FOR ANY DEATH, INJURY, OR OTHER DAMAGES, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (AS DEFINED BELOW) TO YOU, YOUR PROPERTY, OR THE PROPERTY OF OTHERS WHICH MAY IN ANY WAY, WHETHER FORESEEABLE OR NOT, ARISE OUT OF THE ACTIVITIES AND/OR FROM THE ACTIONS – SPECIFICALLY INCLUDING NEGLIGENT ACTS OR OMISSIONS – OF ALL PERSONS INVOLVED EITHER DIRECTLY OR INDIRECTLY IN THE ACTIVITIES. YOU ACKNOWLEDGE THAT YOU FULLY APPRECIATE THESE DANGERS AND VOLUNTARILY ASSUME THESE RISKS AND ASSUME FULL RESPONSIBILITY FOR YOUR PARTICIPATION; YOU WILLINGLY AGREE TO COMPLY WITH THE STATED AND CUSTOMARY TERMS AND CONDITIONS FOR PARTICIPATION. IF, HOWEVER, YOU OBSERVE ANY UNUSUAL SIGNIFICANT HAZARD DURING YOUR PRESENCE OR PARTICIPATION, YOU WILL REMOVE YOURSELF FROM PARTICIPATION AND BRING SUCH TO THE ATTENTION OF FESTIVAL STAFF IMMEDIATELY; AND,


YOU HEREBY RELEASE, HOLD HARMLESS, AND COVENANT NOT TO SUE LUMINOCITY, LUMINOCITY, ITS BOARD, OFFICERS, INDEPENDENT CONTRACTORS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGN OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, AND IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED TO CONDUCT THE EVENT (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS, OR DAMAGE TO PROPERTY WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.


LIMITATIONS OF LIABILITY

By using the Website, you agree that LuminoCity and each of their respective parents, affiliates, subsidiaries, franchisees, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers, web masters, and their respective officers, directors, employees, representatives and agents (the "Released Parties") will not be responsible for any incorrect or inaccurate information, whether caused by you or by any of the equipment or programming associated with or utilized to access the Website; technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in network hardware or software or technical or human error.


TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LUMINOCITY OR ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE WEBSITE OR THE USE OF ANY SERVICES PROVIDED BY LUMINOCITY OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF LUMINOCITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE WEBSITE EXCEED $100.

 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LUMINOCITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, FOR ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS) RELATING TO OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, YOUR VIOLATION OF THESE TERMS OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, OR YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES OR REGULATIONS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.


HARM FROM COMMERCIAL USE

You agree that the consequences of commercial use or re-publication of content or information from the Website may be so serious and incalculable, that monetary compensation may not be a sufficient or appropriate remedy and that we will be entitled to temporary and permanent injunctive relief to prohibit such use. 


NO WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY LUMINOCITY, THE WEBSITE AND THE INFORMATION CONTAINED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LUMINOCITY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE AND INFORMATION CONTAINED THEREIN.  LUMINOCITY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  

 

Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.


RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor of the Website, or by anyone who may be informed of any of its contents.


TERMINATION OR MODIFICATION OF SERVICE

We reserve the right to refuse registration, to suspend, block, prevent access to, cancel, or otherwise terminate your right to use the Website at any time, with or without cause, in our sole discretion and without prior notice to you. We may refuse to accept or may cancel any registration, whether or not the registration has been confirmed, for any or no reason, and without liability to you or anyone else. We also reserve the right to limit or prohibit all activity that in our sole judgment, appear to be malicious or unlawful. All provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel transactions if any information in the Website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website, except as required by law. No specified update or refresh date applied in the Website, should be taken to indicate that all information in the Website has been modified or updated. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE WEBSITE.


ELECTRONIC COMMUNICATIONS 

Using the Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. 


ARBITRATION 

BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST LUMINOCITY ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS ARBITRATION SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST LUMINOCITY, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST LUMINOCITY BY SOMEONE ELSE.


You and LuminoCity agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Website at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and LuminoCity, and not in a court of law.


The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.


The Arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND HAVE A DISPUTE HEARD BY A JUDGE OR JURY. This Arbitration Agreement shall survive the termination of these Terms. 


CLASS ACTION WAIVER

Any arbitration or action under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, the arbitrator or judge may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.


JURISDICTION AND APPLICABLE LAW

If for any reason, a dispute proceeds in court, you irrevocably consent to the exclusive jurisdiction of the state and/or federal courts in the State of New York for purposes of any legal action arising out of or related to the use of the Website or these Terms. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, United States of America, without regard to New York conflict of laws rules. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.


ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us. 


CHANGES TO TERMS

We reserve the right, in our sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates. We may alter or amend our Terms by giving you reasonable notice. By continuing to use the Website after expiry of the notice period or accepting the amended Terms (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. 


RELATIONSHIP BETWEEN THE PARTIES

The Parties are independent contractors and nothing in these Terms shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Each Party has sole responsibility for its activities and its personnel and shall have no authority and shall not represent to any third party that it has the authority to bind or otherwise obligate the other Party in any manner.

 

SEVERABILITY

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

 

FORCE MAJEURE

We shall be excused from performance under these Terms, to the extent we are prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of LuminoCity. 

 

MISCELLANEOUS

These Terms constitute the entire agreement between you and us relating to your access to and use of the Website. The Website is controlled and operated from within the United States. Without limiting anything else, we make no representation that the Website, information or other materials available on, in, or through the Website are appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access our Website from other locations do so on their own volition and are responsible for compliance with applicable laws. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. The waiver or failure of LuminoCity to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

 

CONTACT US

We welcome your questions or comments regarding these Terms:


By E-mail:
info@luminocityus.com