This Service Agreement (“agreement”) formerly known as “Terms of Service” governs your acquisition and use of the Sites and the Services including your registration for any free trial of the Sites and/or the Services. By accepting this Agreement, either through using the Sites and/or the Services, or executing the Commercial Proposal that references this Agreement or clicking a box indicating your acceptance, you agree to the terms of this Agreement. This Agreement is effective between You and Us from the date of this acceptance.
If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these terms, You must not execute the Commercial Proposal or otherwise accept this Agreement and may not use our site and our services.
Our Sites and Services
- You understand that:
- We provide a platform on LoveThatDesign.com that showcases interior design projects, companies, people, products and events across case studies and articles.
- We provide a platform on LoveThatDesign.studio that facilitates organizations’ processes and workflows by allowing users to
- create specifications and schedules,
- collaborate on project timelines, and
- record and report on sales and project activities.
- You understand and agree that we do not endorse any products referred to within the Sites and/or Services, and that we do not verify any specifications or other information regarding such products.
- You understand and agree that we are not involved and are not a party to any transactions between you and vendors of products listed on the Sites and/or Services, whether purchased with the aid of the Sites and/or Services, and/or via any third party website or store.
- You understand and agree that, consequently, we do not enter into any contracts between any user and a vendor or any other third party, for any purchase or sale, nor do we actually become involved in the actual transfer of legal title in any items from one party to another.
- You understand and agree that we do not review, screen, or vet any users of our Sites or the content or information obtained from third parties (including, but not limited to, vendors) or provided by users or vendors through the Site and/or Services. We do not review, screen, or vet any products or the identity or background of any user or vendor.
You understand and agree that we do not and cannot exert any control over the accuracy, availability, legality, or suitability of any aspect of any products included on the Sites and/or the Services, nor the authority of either the vendors or the users to enter into any purchase and sale transactions and that accordingly, we cannot provide any assurance or guarantee that any user or vendor will actually conclude any purchase or sale transaction.
- You understand and agree that, since we provide a platform, we cannot bear responsibility or liability for any materials or information (including without limitation, text, identities, images, content, copy, descriptions, and prices) on the Sites and/or the Services.
- You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users and vendors.
- You understand and agree that your use of the Sites and/or the Services is at your own risk.
The Agreement between Us and You
- This Agreement constitutes the entire and only agreement between us and you and applies to all users of the Sites and the Services.
- This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Sites and the Services, the content, products or services provided by or through the Sites and the Services, and the subject matter of this Agreement.
- You are responsible for reviewing changes to this Agreement.
- We may make changes to this Agreement from time to time without specifically notifying you.
- We will post the latest Agreement on the Sites, but it is up to you to review it before using the Sites or Services.
- If you continue to use the Sites or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
- In addition, some services offered through the Sites and the Services may be subject to additional terms and conditions specified by us from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Your registration and account security
- When you use the Sites or the Services, you may provide us with certain registration and account information, which we will rely on to provide you with the Services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account:
- You will register your account for your own use and not for the use of another person, alter ego, or other identity.
- You will create only one account for yourself.
- You will not assign or transfer your account to anyone without first obtaining our written consent.
- You will not provide false or misleading information when you register an account.
- If we terminate or disables your account, you may not create another account without first getting our written consent.
- You will keep your contact and other information requested by us (such as email, location, etc.) accurate and up-to-date.
- You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.
- Purchase of Paid Services will allow you to take advantage of additional functionalities that are not available to users of free Services.
- You understand that any and all payment terms are stated in United States dollars.
- You agree that payment for all applicable purchases and any taxes or additional charges including but not limited to bank charges that may be imposed by third parties are your sole responsibility.
- You understand that your purchase is final and non-refundable.
- You understand that your payment obligations are non-cancelable.
- You understand that any and all purchases of Paid Services will be made through a third party payment facilitator engaged by 28 LIGHTBULBS.
- You agree to ensure that at all times all credit card and payment information supplied by you is accurate and correct and kept with the third party payment or service facility used by .Studio and that you are fully authorized to use such credit card and payment information and Stripe account (or account with any third party payment or service facility used by us) for purposes of paying for any Paid Services.
Your Personal Information
- You grant a worldwide, perpetual, royalty-free, irrevocable, and transferable license to us to display, reproduce, transmit, use, and/or store this information to the extent necessary to support the operation of the Sites and Services.
- We reserve the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Sites and the Services in our sole discretion, without notice.
- You are responsible for accepting updated versions of the Sites and Services.
- If we provide updated versions of the Sites and/or the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Sites and Services, we shall not bear any responsibility or liability for your decision.
- You agree to let us monitor your activity on the Sites and Services.
- As we want to continue to improve the Sites and the Services for your benefit as a user, we may monitor your activity on the Sites and Services and use the data that we collect from your use of the Sites and Services in any manner and for any purpose.
- By using the Sites and Services you specifically agree to allow us to monitor you and collect and use your data in this manner.
Prohibition of Use
- You understand that you may not use the Sites or the Services where such use is prohibited.
- You understand that the Sites and the Services are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement.
- You represent and warrant that you are 18 or older, or entering this Agreement on behalf of someone who is between the ages of 13 and 18, and that you agree to abide by all of the terms and conditions of this Agreement.
- We do not knowingly collect information from individuals who are less than thirteen (13) years of age.
- It is your responsibility to make sure this Agreement and your use of the Sites and Services complies with all laws applicable to you and we may, in our sole discretion, refuse to offer the Sites or the Services to any person or entity and change its eligibility criteria at any time.
- You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
- You understand that your right to access the Sites or Services will be revoked where this Agreement or use of the Sites or the Services is prohibited and, if that is the case, you agree not to use or access the Sites or the Services in any way.
- We agree that we may terminate your use of the Sites and/or the Services and prohibit you from accessing the Sites and/or the Services, for any reason, or no reason, and with or without notice.
Who Owns What and How You Can Use It
- The use of our Site and Services is subject to the terms of this Agreement as well as all applicable domestic and international laws, statutes, ordinances and regulations including UAE Federal Law No. 7 of 2002 (amended by Law No. 32 for the year 2006) regarding copyright and related rights.
- The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Sites and the Services (“Copyright Content”) are either our property or the property of the applicable content owner and are protected under applicable copyrights, trademarks and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Sites or the Services, except as allowed by this Agreement.
- You do not acquire ownership rights to any content, document or other materials viewed through the Sites or the Services.
- You agree that all graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ours or our affiliates (“Trademark Content”).
- Our trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.
- All other trademarks not owned by us or our affiliates that may appear on the Sites or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.
Limitation of Use
- We grant you a limited license to access and make personal use of the Sites and the Services.
- We do not grant you the right to download (other than page caching) or modify the Sites and the Services, or any portion of the Sites and the Services.
- You understand we do not grant you the right to: (a) resell or make commercial use (except as provided herein) of the Sites and the Services or their contents; (b) make any derivative use of the Sites and the Services or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
- You understand that the Sites and the Services or any portion of the Sites and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of ours and our affiliates without express written consent.
- You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us hereunder.
- You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our home page so long as the link does not portray us, our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any logo or other proprietary graphic or trademark of ours as part of the link without express written permission.
- You acknowledge that the Sites and Services interoperate with several third party sites and services, including but not limited to those provided by Facebook, Google, Quickbooks, LinkedIn, Adobe Indesign, and Microsoft Excel (the “Supported Platform(s)”), and that some of the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to provide availability to the Sites on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation.
- In order to use the features of the Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites or to purchase and/or download their respective software. If applicable, by enabling such Supported Platforms within the Sites or Services, you are allowing us to pass your log-in information to these Supported Platforms for this purpose.
- We do not condone or authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights.
- If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights please email us at [email protected]
- We reserve the right to terminate your account or any user account that it determines to be a “repeat infringer.” A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Sites or Services.
- You promise to comply with this Agreement and any laws or regulations applicable to you.
- You promise not to use the Sites or the Services for any purpose that is prohibited by this Agreement.
- You are responsible for all of your activity in connection with the Sites and the Services.
- You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
- You agree to comply with our conduct policies when using the Sites or Services
- We do our best to keep the Sites and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the Sites or Services except as expressly authorized by us;
- You will not take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
- You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Sites or Services, except to the limited extent applicable laws specifically prohibit such restriction;
- You will not interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
- You will not bypass any measures .Studio may use to prevent or restrict access to the Sites and Services (or other accounts, computer systems or networks connected to the Sites and Services);
- You will not run any form of auto-responder or “spam” on the Sites and Services;
You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites;
- You will not harvest or scrape any content or materials from the Sites and Services;
- You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
- You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not otherwise take any action in violation of our guidelines and policies.
- You will not threaten, intimidate, or harass another user or any parties on or through the Sites or Services.
- You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
- You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Sites and/or the Services in the course of using the Sites and/or the Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
- You will not use the Sites and Services in any manner or transmit any Submission that: is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to the location(s) of all other parties to the transaction, or; would cause us to be in violation of any law or regulation, or to infringe any right of any third party.
- You will not transmit any Submission and will not use the Sites and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive; material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or material that may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
- You use our Sites and Services at your own risk
- We have no obligation to review any content or material, including vendor and product information, posted to or through the Sites and the Services, and cannot therefore be responsible for such material or content.
- By operating the Sites and the Services, we do not represent or imply that it endorses any content or material there posted, or that it believes such material to be accurate, useful or non-harmful.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- The Sites or the Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
- The Sites or the Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights of third parties, or downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
- We disclaim any responsibility for any harm resulting from the use by visitors of the Sites or the Services, or from viewing or downloading by those visitors of content posted on the Sites or the Services.
- You are solely responsible for your interactions with other users.
- We shall not be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or members of the Sites or Services.
Third Party Content
- We or our business partners may present advertisements or promotional materials via the Sites or the Services. Such advertisements may be targeted to the User Content or information on the Sites or Services, queries made through the Sites or Services, information uploaded by users to the Sites or Services, or any other information.
- Your dealings with, or participation in promotions of, any third-party advertisers and/or vendors via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
- You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
- You understand the Sites and the Services may contain (or you may receive from us, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, information, software, applications and any other content (“Third Party Content”).
- You understand and agree that we are not responsible for, and do not control, Third Party Sites and Third Party Content. You also understand and agree that we are 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 Third Party Sites and Third Party Content.
You acknowledge and agree that we 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 the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
- The Sites and Services may also, from time to time, access Third Party Content by accessing third party Application Programing Interfaces (“APIs”) within the Sites and Services. You understand and agree that the Sites and Services are not endorsed, certified or otherwise approved in any way by the third party providing such API and the provider of the API is not responsible for the Sites and Services. Notwithstanding any license provided under these Terms (including the end user license granted under these Terms), (i) any such third party API is provided “as-is,” without any warranties and all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement, are expressly disclaimed; (ii) you may not modify or create derivative works based on any part of any such third party API; (iii) you may not decompile, reverse-engineer, disassemble, and/or otherwise reduce any such third party API to source code or other human-perceivable form, to the full extent allowed by law; (iv) ownership of any such third party API and any services related to any such third party API remain with the owner of the API; and (v) the provider of any third-party API used in connection with the Sites and Services disclaims any and all liability on the part of the third-party API provider for any interruption in its services as accessed via the Sites and Services.
Our liability is limited.
- We are not responsible for any Third Party Sites, Third Party Content, Supported Platforms, or any other content posted on the Sites or the Services, whether posted or caused by users of the Sites or the Services, us, third parties or by any of the equipment or programming associated with or utilized in the Sites or the Services.
- We are not responsible for the conduct, whether online or offline, of any user of the Sites or the Services or any vendors included on the Sites or Services.
- We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
- You understand that it is your duty to confirm and verify any information provided on or through the Sites and Services, and that you bear the sole risk of relying on any such information, including but not limited to content, third-party content, links, or product listings.
- We are not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Sites, including injury or damage to users or to any other person’s computer, and/or mobile device.
- Neither us nor any of our affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Sites or the Services, anyone’s use of items or services purchased via the Sites or Services, any content posted on the Sites or the Services or transmitted to users, or any interactions between users of the Sites or the Services, whether online or offline.
- WE ENDEAVOR TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, THE SERVICES, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
WE DO NOT CONTROL THIRD PARTY CONTENT OR THE INFORMATION PROVIDED BY THIRD PARTIES, VENDORS, OR SUPPORTED PLATFORMS ON THE SITE OR SERVICES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE SITE OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO (1) STATEMENTS MADE BY USERS OR VENDORS RELATED TO ANY PRODUCTS ON THE SITE AND/OR SERVICES; (2) ALLEGED PROMISES RELATED TO THE ALLOCATION OF FUNDS AND/OR ANY TIMELINES, (3) ANY STATEMENTS REGARDING PRODUCTS, INCLUDING BUT NOT LIMITED TO MANUFACTURER, MODEL NUMBER, PRODUCT NAME, PRICE, IMAGES, FINISH, AND DIMENSIONS, AND (4) ANY THIRD PARTY STATEMENTS, INCLUDING THOSE OF OTHER USERS.
FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION THAT YOU PROVIDE ON THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO PICTURES, DESCRIPTIONS, SPECIFICATIONS, VIDEOS, GRAPHICS, OR ANY OTHER INFORMATION YOU PROVIDE.
WE SHALL NOT BE LIABLE FOR ANY TRANSACTIONS MADE BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY PURCHASE YOU MAKE OF PRODUCTS INCLUDED ON THE SITE OR SERVICES, AND YOU AGREE THAT ANY SUCH TRANSACTION IS EXPRESSLY BETWEEN YOU AND THE THIRD PARTY; YOU THEREFORE RELEASE US AND ITS OFFICERS, EMPLOYEES, AFFILIATES, MEMBERS, MANAGERS, AND SUBSIDIARIES, FROM ANY AND ALL CLAIMS, DEMANDS, AND DISPUTES.
OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICES AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $50. YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
You agree to indemnify us
You agree to indemnify, defend, and hold harmless us, our contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (a) your use of the Sites and Services, (b) any User Content, Third Party Content, Third Party Sites and any other content, (c) any purchases from or interactions with vendors (d) your violation of this Agreement, or of any law or the rights of any third party, and (e) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
Information and Press Releases
The Sites and Services may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
The information and or features provided within the Sites and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
We reserve the right to limit the availability of our Sites and Services or any portion of the Sites and Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities or features of any content, product, service or other feature that we provide.
- These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai.
- Any dispute, claim or controversy arising out of or in connection with these Terms (including a dispute, claim or controversy relating to any non- contractual obligations arising out of or in connection with these Terms) shall be referred to the parties’ respective officers for resolution.
- If any dispute remains unresolved 21 days after being referred to the officers, it shall be finally settled subject to the non-exclusive jurisdiction of the Small Claims Tribunal of the Courts of the Dubai International Financial Centre (“the DIFC Courts”), which Rules are deemed to be incorporated by reference into this clause.
- Each party irrevocably submits to the jurisdiction of the DIFC Courts and waives any objection it may have to disputes arising out of, or in connection with this Agreement being heard in the DIFC Courts on the ground that it is an inconvenient forum (forum non conveniens).
- Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction against any matters relating to IPRs.
Your general representation and warranty
You represent and warrant that:
- You will use the Sites and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.
- You and 28 LIGHTBULBS agree that any cause of action arising out of or related to the Sites or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- We may assign our rights under this Agreement without condition.
- This Agreement will be binding upon, and will inure to, the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.