WEBSITE ACCESS AND USE
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Site or Site Content;
- circumvent, disable or otherwise interfere with security-related features of the Site including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or Site Content;
- use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
- transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
- forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, or email addresses;
- solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
- attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
- decompile, reverse engineer, or disassemble any portion of the Website;
- use network-monitoring software to determine architecture of or extract usage data from the Website;
- encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
- affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
- 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
- engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Site (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 Site. 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.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary 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.
You represent, warrant, and covenant that you will not submit any User Content that:
- 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 or proprietary right of any person or entity;
- affects us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourages any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
- impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
- is an advertisement for goods or services or a solicitation of funds;
- includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- contains a formula, instruction, or advice that could cause harm or injury; or
- results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing.”
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.
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. 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.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
DEALINGS WITH ADVERTISERS AND OTHER USERS
The Site may provide links to third-party websites, advertisements or resources. Because Liquid Lumens has no control over such sites, advertisements, and resources, you acknowledge and agree that Liquid Lumens is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Liquid Lumens shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current-ness of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
The Site may allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately so that we may take action to attempt to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
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”). Our Designated Agent may be reached via email at: firstname.lastname@example.org, and via regular mail at: 2990 S Main Street Ste C, Salt Lake City, UT 84115.
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief 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:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.’
- 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.
- 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, such as a specific URL address.
- 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.
- 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.
- 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.
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on this Site where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
All of the materials on Liquid Lumens’s Site are provided “as is”. Liquid Lumens makes no warranties, express or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Liquid Lumens does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the use of the materials on its Site or otherwise relating to such materials or on any web sites linked to this Site. Liquid lumens disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any liquid lumen services. your sole remedy against liquid lumens for dissatisfaction with the site or any content is to stop using the site or any such content.
This above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Liquid Lumens reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will Liquid Lumens be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Liquid Lumens has been advised of the possibility of such damages.
Liquid Lumens may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Liquid Lumens’ rights or property, or the rights or property of visitors to or users of the Site, including Liquid Lumens’ customers. Liquid Lumens reserves the right at all times to disclose any information that Liquid Lumens deems necessary to comply with any applicable law, regulation, legal process or governmental request. Liquid Lumens also may disclose your information when Liquid Lumens determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Liquid Lumens may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
GOVERNING LAW; DISPUTE RESOLUTION
You may be asked to provide information anytime you interact with us, with one of our affiliates, or one of our distributors. The types of information we collect depends on how you use our Site. The following types of information are collected on behalf of Liquid Lumens:
- Contact Details: Your name, address, telephone number, e-mail address, etc.
- Financial Information: Your payment card information, billing address, etc.
- Information related to your purchase: Type of items purchased, quantity of items purchased, etc.
- Demographic data: Your age, gender, country, preferred language, etc.
- Data on how you use our Site: Your IP address, browser type and version, time zone setting, browser plug-in types, geolocation information about where you might be, operating system and version, etc.
- Children’s data: Our website is directed to and intended for use only by those who are 18 years of age or older. We do not knowingly collect personal information from any person under 18 years of age.
We may collect and receive information from you when you use or access our Site, such as when you make a purchase or fill out a form, communicate with us by email, telephone, in writing, or social media.
Like many websites, we may receive, and store information generated by your activity and information automatically collected from your browser or mobile device when you use or interact with our Site.
We may collect and receive information about you from other sources which may include publicly available services, promotional services, and marketing service providers.
We collect and use your information to improve your experience and so that we can operate more effectively. We also use the information we collect for the following purposes: fulfilling orders; keeping proper records of transactions; customer support (notification of changes in services, responding to inquiries via e-mail, phone, writing, or social media, investigating concerns raised by you, monitoring and improving our customer support responses); conducting data analysis and audits; developing new products; enhancing our website; identifying usage trends and visitation patterns; conducting customer satisfaction, market research, and quality assurance surveys; determining the effectiveness of our promotions; meeting contractual obligations; with your consent, sending you emails and messages about news and new promotions, features, products, and content; monitoring the security of our website; investigating or addressing claims or disputes relating to your use of our services, or as otherwise requested by regulators, government entities, and official inquiries.
We do not sell your name or other personal information to third parties. We may share the information we collect: within Liquid Lumens, with Liquid Lumens’ service providers and business partners such as payment processors and facilitators, cloud storage providers, marketing partners and marketing platform providers, data analytics providers, research partners, consultants, lawyers, accountants and other professional service providers, insurance and financing partners, licensed distributors.
We may share your information other than as described in this policy if we notify you and you consent to the sharing.
We may share your information with third parties for legal reasons or in the event of a dispute. This may include, for example, in connection with or during negotiations of any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company; to comply with a court order, search warrant, subpoena, or other legal process; to comply with regulatory, legal, or administrative requirements of any government or law enforcement authority; and, to establish or exercise our legal rights and to protect and defend us in connection with any threatened or actual legal action, claim or dispute.
We keep collected information to the extent permissible by applicable law as necessary to satisfy or fulfill the following: the purpose for which the information was provided; an identifiable and ongoing business need, such as record keeping; a specific legal or regulatory requirement; and/or a requirement to retain records that may be relevant to any notified regulatory investigations or active legal proceedings.
We store and process personal information inside the United States.
Your California Privacy Rights
If you are a California resident, you may request information regarding the disclosure of your personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or write us at: 2990 S Main Street, Ste C, Salt Lake City, UT 84115.
You may choose not to provide us with personal information. If you do this we may not be able to respond to inquiries.
You may turn off cookies in your browser by changing its settings. If you turn off cookies you may continue to use the Site, though certain settings may not work as effectively.