Terms of Use
TERMS OF USE (Last updated July, 2018)
This website and/or its mobile sites and applications (the “Site”) is owned and operated by service@epilumina.com (the “Company”). These Terms of Use (“Terms of Use”) apply to your use of this Site. Any purchase of any products or services available through this Site are governed by the Terms of Purchase (“Terms of Purchase”) on the relevant Company website, which is incorporated herein by reference. Additionally, your use of this Site is governed by the Privacy Notice, which is incorporated herein by reference.
Throughout the Site, the terms “we,” “us” and “our” refer to the Company. The Company offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.
PLEASE CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY NOTICE AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF USE, BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.
Data integrity
You represent that all of the information, data and other materials you provide on this Site or to the Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.
Privacy Notice
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information on this Site is located at service@epilumina.com. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice.
License and Site Access
All contents available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) are the exclusive property of and owned by the Company, its licensors or its content providers, and is protected by copyright, trademark and other applicable laws.
The Company grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. The Company or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights.
Content You Submit
You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE OR THE TERMS OF SERVICE OR TERMS OF PURCHASE, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASE AND USE OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE COMPANY SITES. NEITHER THE COMPANY NOR ITS LICENSORS, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS (THE “COMPANY PARTIES”) WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE.
Claims of Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the required documentation. The Company’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: service@epilumina.com
Dispute Resolution
By using the Site in any way, you unconditionally consent and agree that: (i) any dispute, controversy, difference or claim arising out of or relating to this agreement shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in Hong Kong; (ii) the law of this arbitration clause shall be the laws of Hong Kong; (iii) the place of arbitration shall be Hong Kong; and (iv) the arbitration proceedings shall be conducted in English.
General
These Terms of Use or the Terms of Purchase and the relationship between you and the Company will be governed by the laws of Hong Kong. For any actions not subject to arbitration, we each agree to submit to the personal jurisdiction of a court located in Hong Kong.
How to Contact Us
If you have any questions or comments about these Terms of Use or this Site, please contact the Legal Department of service@epilumina.com by email at service@epilumina.com.