Terms of Use
Last updated: June 2023
Hello Lighting Guru. Thank you for using The Lighting Exchange. Your involvement helps the system continue to grow and offer you increasingly relevant content within the lighting industry.
These Terms and Conditions of Use (the “Terms”) represent an agreement between you and Your Lighting Brand, LLC (“Your Lighting Brand”) in relation to your use of our platform, The Lighting Exchange. They were written to help you better understand the rules that govern your use of the platform. References in these Terms to “you” or “your” means you, the individual user of The Lighting Exchange. Whenever we refer to “we,” “our”, or “us” we mean Your Lighting Brand.
Third Party Links and Content
The Lighting Exchange at times displays links and content from third-party sources that have their own independent terms of services, and therefore we have no responsibility or liability for their content or activities.
Artwork, brand identity, content, and imagery embedded onto the The Lighting Exchange is the rightful property of its owner and not affiliated with or endorsed by The Lighting Exchange or Your Lighting Brand.
Unless otherwise stated herein, any reuse by you of the artwork, brand identity, content, and imagery embedded onto The Lighting Exchange is forbidden without the explicit written permission from its owner.
Software Usage
You agree that in signing up to utilize The Lighting Exchange, you will provide for your account the same name that you use in everyday life and provide accurate information about yourself, including, but not limited to, any applicable employer information. You further agree that you will create only one account (your own) and use it for business purposes. You will not share your password, give access to your account to others, or transfer your account to anyone else (without our permission).
Title and intellectual property rights in and to any content displayed by or accessed through The Lighting Exchange belongs to the respective content owner. Using the The Lighting Exchange does not give you ownership of any intellectual property rights in The Lighting Exchange, our services or the content you access. Any attempt to reverse engineer, duplicate, and/or mimic any of our copyrighted software features will trigger appropriate legal action against offenders.
You may not probe, scan or test the vulnerability of The Lighting Exchange or any network or website connected with The Lighting Exchange, nor breach the security or authentication measures of The Lighting Exchange or any network or website connected with The Lighting Exchange.
Your use of The Lighting Exchange is subject to all applicable laws, rules, and regulations, and you are solely responsible for the contents of your communications through The Lighting Exchange. By using any communications service or other interactive service that may be available to you on or through the Lighting Exchange, you agree that you will not upload or otherwise submit or facilitate submission of any content, including text, communications, software, images, photographs, sounds, data, or other information, that:
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Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, violent, threatening, invasive of another’s privacy, inappropriately graphic or explicit, tortious, or otherwise violates Your Lighting Brand’s rules or policies;
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Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
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Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
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Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
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Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
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Impersonates any person or entity, including any of Your Lighting Brand’s employees or representatives; or
In addition, you may not use The Lighting Exchange to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of The Lighting Exchange may be available to you or other authorized users. You shall not interfere with anyone else’s use and enjoyment of The Lighting Exchange or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You acknowledge that Your Lighting Brand will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
If you believe that content has been posted on The Lighting Exchange that violates these Terms, please notify us via email to legal@yourlightingbrand.com. You agree that Your Lighting Brand cannot and will not act as arbiter of disputes arising from third party communications or transmission to The Lighting Exchange, but will take only such actions as we believe are appropriate in our sole discretion. If you are a copyright owner and you
believe your rights have been violated by Content uploaded to The Lighting Exchange, please follow our complaint process below.
User Generated Content
Your Lighting Brand is not responsible for any content that is shared by a user via The Lighting Exchange. All content developed by a user when sharing content gathered from The Lighting Exchange is done so at the user’s discretion and each user is solely responsible for any consequences thereof.
When you post or upload content on The Lighting Exchange, including, but not limited to, photographs, images, videos, or written content (collectively for this section “Content”), such Content may be protected by intellectual property laws.
You, or other such applicable owner, retain ownership of the intellectual property rights, such as copyrights or trademarks, in the Content that you share on The Lighting Exchange. Nothing in these Terms takes away the rights you have to your own Content, and in providing any such Content through The Lighting Exchange, you are representing and warranting that you have all such valid and appropriate rights under the law to provide it.
In addition, in providing Content through The Lighting Exchange, you grant Your Lighting Brand, as well as other authorized users of The Lighting Exchange, a license to use such Content. Specifically, when you share, post, or upload Content to The Lighting Exchange that is covered by intellectual property rights, you grant Your Lighting Brand a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content through The Lighting Exchange as well as in social media and other advertising and marketing efforts. You further grant other authorized users of The Lighting Exchange a non-exclusive, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Content within The Lighting Exchange platform. This means, for example, that if you provide a photograph on The Lighting Exchange, you give us and other authorized users of The Lighting Exchange permission to store, copy, and share it with others.
Should you at any point desire to remove Content that you have shared from The Lighting Exchange, you may do so through the management features of your account. While removing Content through your account should remove it from all places within The Lighting Exchange, you understand that to the extent it has been used outside of The Lighting Exchange, such outside uses may still exist.
Mobile Devices
Some of our services are available on mobile devices. Do not use such services in a way that distracts you and prevents you from obeying local traffic or safety laws.
Limitation of Liability
Except where prohibited, in no event will Your Lighting Brand be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Your Lighting Brand has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Your Lighting Brand, its officers, directors, members, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Your Lighting Brand by any third party due to or arising out of or in connection with your use of The Lighting Exchange.
Violation of These Terms of Use
You agree that Your Lighting Brand may, in its sole discretion and without prior notice, terminate your access to The Lighting Exchange if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of The Lighting Exchange. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Your Lighting Brand, for which monetary damages would be inadequate, and you consent to Your Lighting Brand obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. You agree that we will not be liable to you or to any third party for termination of your access to The Lighting Exchange as a result of any violation of these Terms.
Governing Law
You agree that all matters relating to your access to or use of The Lighting Exchange, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Franklin County, Ohio, and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
Privacy and Copyright Protection
Your Lighting Brand’s Privacy Policy explains how we treat data gathered from use of The Lighting Exchange use. By using The Lighting Exchange and our services, you agree that Your Lighting Brand can use such data in accordance with our Privacy Policy. To learn about Your Lighting Brand’s Privacy Policy, please click here: www.lighting.exchange/legal/privacy-policy
Your Lighting Brand respects the intellectual property of others and asks you to do the same. If you or any user of the Lighting Exchange believes its copyright, trademark, or other property rights have been infringed by a posting on The Lighting Exchange, you or the user should send notification to Your Lighting Brand immediately. To be effective, the notification must include:
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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Identification of the copyrighted work claimed to have been infringed;
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Information reasonably sufficient to permit Your Lighting Brand to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
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Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit Your Lighting Brand to locate the materials;
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A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
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A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Your Lighting Brand’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Jonathan Ayala // Co-founder & Principal jayala@yourlightingbrand.com
Warranties and Disclaimers
We endeavor to provide the best service we can, but you understand and agree that THE LIGHTING EXCHANGE SERVICE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. ALL INFORMATION PROVIDED BY AND THROUGH THE LIGHTING EXCHANGE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU USE THE LIGHTING EXCHANGE AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
You assume total responsibility for your use of The Lighting Exchange. Your sole and exclusive remedy against Your Lighting Brand for dissatisfaction of The Lighting Exchange or any content is to stop using The Lighting Exchange or any such content. In addition, we do not warrant, endorse, guarantee or assume responsibility for any third party applications, third party application content, user content, or any other product or service advertised or offered by a third party on or through The Lighting Exchange Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that we are not responsible or liable for any transaction between you and third-party providers or services advertised on or through The Lighting Exchange. As with any purchase of a product
or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from The Lighting Exchange shall create any warranty on behalf of Your Lighting Brand. Some aspects of this section may not apply in some jurisdictions.
International Use
Although The Lighting Exchange may be accessible worldwide, Your Lighting Brand makes no representation that materials on The Lighting Exchange are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access The Lighting Exchange from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with The Lighting Exchange is void where prohibited.
Miscellaneous
If any of the provisions of these Terms are held to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Your Lighting Brand with regard to your use of The Lighting Exchange, and any and all other written or oral agreements or understandings previously existing between you and Your Lighting Brand with respect to such use are hereby superseded and cancelled. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. Any failure by Your Lighting Brand to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision. The captions of these Terms are for convenience and ease of reference only and in no way define, describe, extend, or limit the scope or intent of these Terms.
Contact Us
If you have questions regarding these Terms, please send us an email at: legal@YourLightingBrand.com
Changes to Terms of Use
We may modify these Terms or any additional terms that apply to The Lighting Exchange or our services to, for example, reflect changes to the law, or changes to The Lighting Exchange or our services. It is your responsibility to check these Terms periodically for changes. Your continued use of The Lighting Exchange following the posting of changes will mean that you accept and agree to the changes.
