Terms of Use


Use of this Website

This Website is an online information and communication service provided by Lux Smiles. Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Lux Smiles reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Lux Smiles retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This Website provides links to many other Websites affiliated with Lux Smiles that may have Terms of Use Policies different from, or in addition to, the Terms of Use specified herein, particularly in the case of Websites hosting third-party content or that allow postings by third-parties. By accessing such Websites through links provided on this Website, you agree to abide by each applicable Terms of Use policy as therein specified.

Trademarks, Copyrights and Restrictions

This site is controlled and operated by Lux Smiles at 30 Central Park South, Suite 13C, New York, NY 10019, U.S.A. The phone number is + 1 (212) 433-1991. All material on this Website, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Lux Smiles, its related companies or by other parties that have licensed or given permission to use their material to Lux Smiles. Material on luxmiles.com or any Website owned, operated, licensed or controlled by Lux Smiles is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Lux Smiles. Use of the materials on any other Website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use, is a violation of Lux Smiles’ copyrights, trademarks and other proprietary rights, and is prohibited.

Links

This site may contain links to other websites (“Linked Sites”). The Linked Sites are for your convenience only, and you access them at your own risk. Lux Smiles is not responsible for, and does not endorse, the content of any Linked Sites whether or not Lux Smiles is affiliated with the sponsors of a site. Visitors to any linked site are urged and expected to abide by the Terms of Use and Privacy Policies of that particular linked site.

Lux Smiles welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Lux Smiles. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Lux Smiles site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Website any of the content or other materials on the Lux Smiles site without prior written consent of Lux Smiles.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE MATERIALS ON LUX SMILES’ WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. LUX SMILES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER LUX SMILES, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF LUX SMILES’ WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT LUX SMILES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON LUX SMILES’ WEBSITE IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. LUX SMILES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN LUX SMILES’ WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

YOU EXPRESSLY AGREE THAT USE OF THE LUX SMILES SITE IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER LUX SMILES, NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF LUX SMILES’ WEBSITE ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER LUX SMILES WEBSITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LUX SMILES AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS SITE. YOU (AND NOT LUX SMILES) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LUX SMILES IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.

Indemnification

You agree to indemnify, defend and hold harmless, Lux Smiles, its subsidiaries and other affiliated companies, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use. Lux Smiles, reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Lux Smiles, in asserting any available defenses.

Jurisdictional Issues

Unless otherwise specified, the materials in the Lux Smiles Website are presented solely for the purpose of entertainment and promoting programs and other services and products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Lux Smiles from its offices within the State of New York, U.S.A. Lux Smiles makes no representation that materials in Lux Smiles’ Website are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Lux Smiles bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in the state or Federal Courts located in New York, New York and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Lux Smiles.