lustomic.com
legal notices
As of August 12, 2015
Applicability
These Legal Notices apply to Lustomic.com.
Copyright Notice
Copyright © Lustomic.com. All rights reserved. The material on this Site may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express written permission of Lustomic.com.
Additional copyright notices specific to our providers' content, material, media, and other intellectual property not claimed by Lustomic.com are indicated on the webpage where said material is located on this website.
Trademark Statement
LUSTOMIC.COM and its logo are pending trademarks in the U.S. Patent and Trademark Office.
Requesting Reproduction Permissions
No material found or located on this Site may be reproduced or used for commercial purposes without prior written permission of Lustomic.com. You may email Lustomic.com requesting reproduction permission at Service [at] Lustomic.com. Requests without the full name of the individual requesting reproduction permission, an itemized list of material to be reproduced, a valid reason for reproduction and description of where reproduced material will be used will not be acknowledged.
REFUND POLICY
If you are not satisfied with your purchase for any reason we will refund 100% of the purchase price. Refund requests should be sent by email to service[at]lustomic[dot]com or use the contact form found on this website. Requests must be submitted within 30 days of initial purchase. Please include your account email address when contacting us for a refund.
TERMS OF SERVICE
IMPORTANT! PLEASE READ CAREFULLY. These Terms of Service constitute a legal agreement between you and Lustomic.com and spell out the terms and conditions to which users of this Site are expected to adhere. Please read it carefully before using this Site. By entering this Site you agree to be bound by the terms set forth here, as well as (i) the terms of our Privacy Policy and (ii) any supplemental terms of the applicable Site, all of which are hereby incorporated by reference into these Terms of Service (collectively referred to as the "Agreement"). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use this Site. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.
These Terms of Service apply to Lustomic.com. They do not apply to other online or offline Lustomic.com websites, products or services.
1. CONTENT AND USER SUBMISSIONS
1.1 The contents of Lustomic.com ("the Service") are intended for the personal, noncommercial use of its users. All materials published on the Site (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Lustomic.com or by the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
1.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Site or Service in whole or in part.
1.3 Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Lustomic.com or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
1.4 You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with the Site or our Service ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
1.5 To enable Lustomic.com to use the information you supply to us, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in your information, in any media now known or not currently known, with respect to your information. Lustomic.com will only use your information in accordance with our Privacy Policy.
1.6 If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide Lustomic.com with a written notice (email is sufficient) that includes the following information:
-- An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
-- identification of the copyrighted work claimed to have been infringed;
-- a description of where the material that you claim is infringing is located on the Site;
-- your address, telephone number, and e-mail address;
-- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
-- a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site is:
service [@] lustomic [dot] com
2.FORUMS AND DISCUSSIONS
2.1 This Site makes available chat rooms, forums, message boards, and/or news groups to its users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Site and the Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. Lustomic.com does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, published, transmitted and displayed by Lustomic.com in any manner, pursuant to Section 1.4, above.
2.2 The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of Lustomic.com, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Websites or online services that are competitive with Lustomic.com and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
2.3 While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, Lustomic.com reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.
3. ADDITIONAL TERMS FOR THE STORE
3.1 In addition to the provisions contained in these Legal Notices, the following terms apply specifically to the Lustomic.com Store, located at http://lustomic.com/Store/main.htm:
a. By placing an order, you certify that you are able to pay for the item(s) in your order.
b. By placing an order on the Lustomic.com Store you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address). The items on the Lustomic.com Store are mature audience items and are restricted to adult use. If you place an order for an item on the Lustomic.com Store, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase said item.
c. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Lustomic.com Store and your purchase of items.
d. You are responsible for the accuracy of any purchase placed.
e. We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical.
f. Due to some country, state and county laws, we may not be able to ship certain merchandise to your address.
g. We reserve the right to add and/or remove items on the Lustomic.com Store, for any reason, at any time.
h. We reserve the right to limit quantities of items sold.
i. You may not transfer or sell your User ID or account to another party.
j. Unless otherwise stated, all prices are quoted in U.S. Dollars.
k. In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed.
l. We use our best efforts to ensure that the correct price is posted for each item in the Lustomic.com Store. If, however, an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
m. Products available from the Lustomic.com Store may be advertised on third party shopping websites. Lustomic.com is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on the Lustomic.com Store, including, but not limited to pricing information. In the event that a difference exists, information found on the Lustomic.com Store shall govern.
n. All purchases from the Lustomic.com Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier.
o. You may return certain items purchased within thirty (30) days of delivery of a shipment for a full refund. However, not all items may be returned.
p. Where applicable, clothes must still have the original tags attached, and items such as CD's, DVD's, magazines, VHS tapes, cassette tapes and software must be unopened.
q. Attempts to stop payment on non-returnable items will be vigorously opposed by Lustomic.com to the fullest extent of the law. In the event that any such action results in a judgment in our favor, we retain the right to recover, and you will be responsible for paying our reasonable attorneys' fees.
r. Lustomic.com attempts to describe all of the products on the Lustomic.com Store as accurately as possible. However, Lustomic.com does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. If a product offered on the Lustomic.com Store is not as described, your sole remedy is to return it in unused condition.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 This Site may contain links to other related World Wide Web Internet sites, resources and sponsors of Lustomic.com. Selection of an ad banner or link will redirect you off of the Lustomic.com Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of Lustomic.com. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. Lustomic.com does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Website.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted by you or Lustomic.com's use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered on the Lustomic.com Store.
5.2 You hereby indemnify, defend and hold Lustomic.com and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Lustomic.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Lustomic.com without Lustomic.com's prior written approval.
5.3 Lustomic.com neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity. THE SITE, THE SERVICE AND ANY MATERIALS PROVIDED BY LUSTOMIC.COM OR THIRD PARTIES THROUGH ANY THE SERVICES ARE PROVIDED "AS IS." LUSTOMIC.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE SITES OR THE SERVICE. LUSTOMIC.COM DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE SITES OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
5.4 You hereby acknowledge that the use of any Site and the Services available thereon is at your sole risk.
6. LIMITATION OF LIABILITY
6.1 NEITHER LUSTOMIC.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY LUSTOMIC.COM OR THIRD PARTIES THROUGH ANY OF THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF LUSTOMIC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
6.2 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LUSTOMIC.COM'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).
7. SYSTEM INTEGRITY
7.1 You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
8. TERMINATION
8.1 Lustomic.com may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Site or Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
8.2 Lustomic.com, including, without limitation, its authorized agents and employees may terminate your use of the Site without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any Lustomic.com event or (ii) attempting to alter or improperly access any feature or function of the Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site or any Lustomic.com employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Lustomic.com employee or other individual.
9. MISCELLANEOUS
9.1 These Terms of Service have been made in and shall be construed and enforced in accordance with Virginia law without regard to any conflict of law provisions. Lustomic.com makes no representation that the Content on the Site is appropriate for access outside of the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Arlington, Virginia.
9.2 N/A
9.3 These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Lustomic.com with respect to your access and use of the Site and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Lustomic.com with respect to the Site or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Lustomic.com may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Lustomic.com or (iii) in connection with the sale of the Site or the business unit associated with the Site.
LUSTOMIC.COM SUBSCRIPTION SITE MEMBERSHIP TERMS AND CONDITIONS
As of August 12, 2015
This Subscriber Agreement applies to Lustomic.com. This Subscriber Agreement does not apply to other online or offline websites, products or services, and does not grant you the right to enter into any Lustomic.com Subscription Site for which you have not paid a subscription fee.
REGISTRATION: Welcome! To ensure that you enjoy the highest standards of quality and service during your visits to the Lustomic.com Subscription Site, we encourage you to read through the following information before you register. These legal notices spell out the terms and conditions to which you are expected to adhere.
TERMS OF SERVICE
1. GENERAL RULES AND DEFINITIONS
1.1 This "Subscriber Agreement" constitutes your agreement with Lustomic.com with respect to your use of the Lustomic.com Subscription Site. You must agree to abide by all of the terms and conditions contained in this Subscriber Agreement in order to become or remain an authorized subscriber of the Lustomic.com Subscription Site.
1.2 To indicate agreement with the terms and conditions of this Subscriber Agreement, you must check the box next to "I agree to the terms and conditions of the Subscriber Agreement at the end of this Subscriber Agreement or on the subscription registration page. You will not be allowed to register before clicking that box. Feel free to read and reread this Subscriber Agreement as often as you want before clicking the agreement box. If you do not wish to agree to these terms and conditions, do not click the agreement box (you understand that you will not be subscribed to the Lustomic.com Subscription Site and will have no right to access such Lustomic.com Subscription Site unless you agree with the terms of this Subscriber Agreement). Lustomic.com reserves the right, at its discretion, to change, modify, add or remove portions of this Subscriber Agreement at any time. Occasionally Lustomic.com may ask you to accept the terms of such changes to continue using the Lustomic.com Subscription Site to which you are subscribed.
1.3 IF THIS SUBSCRIBER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE, YOU MAY CANCEL YOUR SUBSCRIPTION BY REQUESTING AN ORDER CANCELLATION FROM A LINK IN THE MEMBER SERVICES SECTION (SEE SECTION 9 REGARDING LUSTOMIC.COM.COM TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE LUSTOMIC.COM SUBSCRIPTION SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 Lustomic.com may change, suspend or discontinue any aspect of the Lustomic.com Subscription Site at any time, including the availability of any feature, database or content. Lustomic.com may also impose limits on certain features and services or restrict your access to parts or all of any of the Lustomic.com Subscription Site without notice or liability.
2. LUSTOMIC.COM SUBSCRIPTION SITE CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The contents of the Lustomic.com Subscription Site are intended for the personal, noncommercial use of its registered subscribers. All materials published on the Lustomic.com Subscription Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright and other intellectual property laws, and are owned, or controlled by, or licensed to Lustomic.com or the party credited as the provider of the Content, software or other materials. You shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Lustomic.com Subscription Site.
2.2 The Lustomic.com Subscription Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 2 of this Subscriber Agreement, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Subscriber Agreement), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Lustomic.com Subscription Site in whole or in part.
2.3 Copying or storing of any Content for any purpose other than personal, noncommercial use is expressly prohibited without the prior written permission from Lustomic.com, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
2.4 If you believe that any Content appearing on the Lustomic.com Subscription Site has been used on such Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed;
a description of where the material that you claim is infringing is located on the Lustomic.com Subscription Site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Lustomic.com Subscription Site is:
service [at] Lustomic.com
3. FORUMS AND DISCUSSIONS
3.1 You shall not upload to, or distribute or otherwise publish through the Lustomic.com Subscription Site any Content that is libelous, defamatory, obscene or otherwise violates any law or the rights of third parties. Please use your best judgment and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive or hateful language. Bulletin boards within the Lustomic.com Subscription Site, where provided, are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. Lustomic.com does not endorse the opinions placed on these bulletin boards. You acknowledge that any submissions (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by Lustomic.com. In addition, you warrant that you waive all moral rights in any uploaded materials have been waived.
3.2 The Forums shall be used by you solely in a noncommercial manner. You shall not, without the express approval of Lustomic.com distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services which are competitive with the Lustomic.com Subscription Site. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
3.3 While Lustomic.com does not and cannot review every message posted by subscribers in the Forums and is not responsible for any content of these messages, Lustomic.com reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this Subscriber Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of their messages.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 The Lustomic.com Subscription Site contains links to other related World Wide Web Internet sites, resources and sponsors of Lustomic.com. Selection of an ad banner or link will redirect you off of the Lustomic.com Subscription Site to a third party website. Transactions that occur between you and any such third party are strictly between you and the third party and are not the responsibility of Lustomic.com. Because Lustomic.com is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its site administrator or webmaster.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your subscriber account or Lustomic.com's use thereof in accordance with the terms and conditions of this Subscriber Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold Lustomic.com, its parent company, affiliates and the officers, directors, owners, agents, employees, shareholders, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any other user of your account (whether or not such user has your permission) of the Subscriber Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Lustomic.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
5.2 Lustomic.com neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Lustomic.com Subscription Site by any subscriber, information provider or any other person or entity. THE LUSTOMIC.COM SUBSCRIPTION SITE, THE ACCESS SOFTWARE, IF ANY, (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY LUSTOMIC.COM OR THIRD PARTIES THROUGH THE LUSTOMIC.COM SUBSCRIPTION SITE ARE PROVIDED "AS IS." LUSTOMIC.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE LUSTOMIC.COM SUBSCRIPTION SITE. LUSTOMIC.COM SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE LUSTOMIC.COM SUBSCRIPTION SITE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY LUSTOMIC.COM OR THIRD PARTIES THROUGH THE LUSTOMIC.COM SUBSCRIPTION SITE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF LUSTOMIC.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
5.3 You hereby acknowledge that your use of the Lustomic.com Subscription Site is at your sole risk.
6. REGISTRATION AND SECURITY
6.1 As part of the registration process, you will select a password and user name ("Lustomic.com ID"). You shall provide Lustomic.com with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Subscriber Agreement, which may result in immediate termination of your account. You may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person other than yourself without authorization; or (iii) use a screen name that Lustomic.com, in its sole discretion, deems offensive.
6.2 (a) You shall notify Lustomic.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information. (b) You shall be solely responsible for maintaining the confidentiality of your password.
6.3 You must be 18 years or older and legally able to purchase and view the material offered at this Site in your jurisdiction to subscribe to the Lustomic.com Subscription Site.
6.4 You are responsible for all usage or activity on your account to the Lustomic.com Subscription Site. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at Lustomic.com's sole discretion, and you may be referred to appropriate law enforcement agencies.
7. FEES AND PAYMENTS
7.1 Lustomic.com reserves the right at any time to charge fees or change the price for access to the Lustomic.com Subscription Site. In the event that Lustomic.com so elects, it shall post notice in the Service Information Area. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Lustomic.com Subscription Site by Lustomic.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You will not receive access to any service until subscription fees have been received by Lustomic.com. Subscription fees are not refundable in whole or in part, even in the event your account is terminated. In the event of termination, your account will remain active through the end of the subscription term. You shall pay all applicable taxes relating to use of any Lustomic.com Subscription Site through your account. Your right to use the Lustomic.com Subscription Site is subject to any limits established by Lustomic.com in its sole discretion.
7.2 You understand that, unless otherwise specifically noted on the registration page at the time of your registration to the Lustomic.com Subscription Site, your subscription will renew automatically at the end of your subscription period until you request a cancellation (See Section 9. Termination).
8. SOFTWARE LICENSES
8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you to access the Lustomic.com Subscription Site ("Access Software"). You may not sublicense, assign or transfer any licenses granted by Lustomic.com and any attempt at such sublicense, assignment or transfer is void. You may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software.
9. TERMINATION
9.1 You may terminate your account at any time by requesting a cancellation from a link in the Member Services section of the Lustomic.com Subscription Site. You will retain access through the duration of your remaining subscription term. You are responsible for all charges incurred up to the time the account is deactivated, whether or not such charges were actually incurred by you.
9.2 Lustomic.com may, in its sole discretion, terminate or suspend your access to the Lustomic.com Subscription Site for any reason, including, without limitation, any breach by you of this Subscriber Agreement, or assignment of this Subscriber Agreement by you.
9.3 You acknowledge that site administrators have the right to terminate your membership without notice for any user who restricts, inhibits or disrupts a Lustomic.com Subscription Site event or attempts to alter or improperly access any feature or function of the Lustomic.com Subscription Site. Your subscription may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Lustomic.com Subscription Site or Lustomic.com employee; post content (including the creation of usernames) that is offensive or otherwise disruptive of Lustomic.com activities; post unsolicited advertising; or impersonate a Lustomic.com employee or other individual.
10. MISCELLANEOUS
10.1 This Subscriber Agreement has been made in and shall be construed and enforced in accordance with Virginia law. Any action to enforce or in connection with this Subscriber Agreement shall be brought in the federal or state courts located in the Eastern District, Virginia.
10.2 You consent to the personal jurisdiction of Virginia State and Federal Courts.
11. ACCEPTANCE
11.1 You hereby acknowledge that you have read and understand the foregoing Subscriber Agreement and agree to be bound by its terms and conditions.