LUX Mobile Corp
Terms of Service
Last Updated: June 8, 2022
Welcome to LUX Mobile! These Terms of Service (“Terms of Service”) govern your use of our website (LUXmobilestudios.com) (the “Site”) and our game (Four Horsemen (the “Games”, collectively with the Site, the “Service”).
The Service is a copyrighted work belonging to LUX Mobile Corp (“LUX Mobile”, “us”, “our”, and “we”). Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These terms require the use of arbitration (Section 15.2) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
1. Access to the Service
1.1 Eligibility. Only persons meeting the following requirements may use the Site:
(a) Persons who have the legal capacity for form a binding contract with Company pursuant to the applicable laws of their jurisdiction;
(b) Persons who are the older of 18 years or the legal age to form a binding agreement in their jurisdiction; and
(c) Persons who agree and consent to all of the Terms;
If you do not meet all of the requirements above, you may not use the Site.
By downloading/installing/using/accessing the Services, you (i) acknowledge that you have read and understand these Terms; (ii) represent that you meet one of the eligibility requirements above, and (iii) accept this agreement and agree that you are legally bound by its terms. If you do not agree to these Terms, you may not download/ install/use the Services.
1.2 License. Subject to these Terms of Service, LUX Mobile grants you a limited non-transferable, non-exclusive, revocable, limited license to:
(a) download and install the Game for your personal, non-commercial use on a single device owned or otherwise controlled by you ("Device") strictly in accordance with the Game's documentation; and
(b) to use and access the Site solely for your own personal use.
1.3 Certain Restrictions. The rights granted to you in these Terms of Service are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, translate, adapt, make derivative works of, improve, disassemble, decode, reverse compile or reverse engineer or otherwise attempt to derive or gain access to the source code of any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, game or service; (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall not remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Service. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms of Service. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
1.4 Modification. LUX Mobile reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that LUX Mobile will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
1.5 No Support or Maintenance. You acknowledge and agree that LUX Mobile will have no obligation to provide you with any support or maintenance in connection with the Service.
1.6 Ownership. You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms of Service, or any other rights thereto other than to use the Service in accordance with these Terms of Service. LUX Mobile and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Service. Neither these Terms of Service (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.2. LUX Mobile and its suppliers reserve all rights not granted in these Terms of Service. There are no implied licenses granted under these Terms.
2.1 Account Creation. In order to use certain features of the Service, you may be required to register for an account and provide certain information about yourself as prompted by the account registration form (including but not limited to email address and a unique password) or, alternatively, you may be required to authenticate through one of your existing social media accounts (“Account”). You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you reside in the United States or, if you reside outside the United States, that your use of the Service will comply with applicable law in your jurisdiction. You may delete your Account at any time, for any reason, by following the instructions on the Service. LUX Mobile may suspend or terminate your Account in accordance with Section 15.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify LUX Mobile of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. LUX Mobile cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. Information and Content Submitted Through the Service
(a) You are at least the older of: (i) 18 years old or (ii) the age of majority in your jurisdiction;
(b) You agree that you are solely responsible for and you assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party;
(d) To the extent that you submit information that personally identifies or is otherwise of or about a third party ("Third Party Information") through the Site or Outside Platform, you represent that all such Third Party Information is of persons who are at least 18 years of age, and that you have validly obtained all consents and provided all notices required by applicable law for the submission, disclosure and use by us of the Third Party Information;
(e) All information or material that you submit through the Site or Outside Platform is true, accurate and complete, and you will maintain and update such information and materials as needed such that it remains true, accurate and complete;
(f) You hereby represent and warrant that your User Content on all Outside Platforms is in full compliance with all terms, rules and guidelines of the applicable platforms.
(g) You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3).
You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by LUX Mobile. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. LUX Mobile is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to LUX Mobile an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Service to submit, collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms of Service or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 15 , and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide LUX Mobile with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to LUX Mobile all rights in such Feedback and agree that LUX Mobile shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. LUX Mobile will treat any Feedback you provide to LUX Mobile as non-confidential and non-proprietary. You agree that you will not submit to LUX Mobile any information or ideas that you consider to be confidential or proprietary.
4. Device Requirements. The Games can only be used via certain virtual reality devices ("Devices") for a list of which are provided on the Company website and/or the third-party application marketplaces ("Marketplaces") where the application can be downloaded. Your Device must also meet the system requirements listed on the Company Website and/or the Marketplaces.
5. Free Content. Upon downloading the Game, users will have access to certain features of the service ("Free Features"). LUX Mobile may add, remove, modify, or otherwise change the free features at any time with or without notice to you.
6. Updates. LUX Mobile may from time to time in its sole discretion develop and provide Game updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that LUX Mobile has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. If Updates are provided, You agree to promptly download and install all Updates and acknowledge and agree that the Games or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Games and be subject to all terms and conditions of these Terms of Service as they may be updated from time to time.
7. Virtual Goods and Virtual Money.
7.1 Our Games may include virtual currencies such as virtual coins or items or services for use with our Games (collectively “Virtual Items"). If you are over 18 years old, you may be able to buy Virtual Items. You agree that once purchased Virtual Items have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods only from us, and not from any third party. You agree that Virtual Items are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Money or Virtual Goods to anyone else.
7.2 You do not own Virtual Items but instead you purchase a limited personal revocable license to use them - any balance of Virtual Items does not reflect any stored value.
7.3 You agree that all sales by us to you of Virtual Items are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a license to use Virtual Items from us, you acknowledge and agree that we will begin the provision of the Virtual Items to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this Section 8.3, a "purchase" is complete at the time our servers validate your purchase and the applicable Virtual Items are successfully credited to your account on our servers.
7.4 The Virtual Items that you purchase will be linked to your account with the marketplace where you make the purchase. You understand and agree that you cannot transfer Virtual Items from one account to another. You understand and agree that we are not responsible for any problems or losses associated with your marketplace account, including without limitation, problems transferring purchases from one device to another, restoring purchases from a lost or damaged device to a different device, or any other losses of Virtual Good or Virtual Money. The risk of loss of Virtual Items is transferred to you upon completion of the purchase as described in Section 8.3 above.
7.5 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
7.6 We may revise the pricing for Virtual Goods and Virtual Money offered through the Game at any time. We may limit the total amount of Virtual Items that may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual Goods that may be held in your account in the aggregate. You are only allowed to purchase Virtual Items from us or our authorized partners through the Game, and not in any other way.
7.7 Depending on your platform, any Virtual Items purchased will be purchased from your platform provider and such purchase will be subject to their respective terms of service and user agreement. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game.
7.8 Without limiting Section 8.4, if we suspend or terminate your account in accordance with these Terms of Service you will lose any Virtual Items that you may have accumulated, and we will not compensate you for this loss or make any refund to you.
7.9 When you purchase items via our mobile apps (such as those you can purchase in the App Store or on Google Play) we do not collect or store any payment information from you.
8. Indemnification. You agree to indemnify and hold LUX Mobile (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms of Service, or (c) your violation of applicable laws or regulations. LUX Mobile reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of LUX Mobile. LUX Mobile will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. Third Party Materials. The Service may contain links to third-party websites and services, including through third party advertising (collectively, “Third-Party Materials”). Such Third-Party Materials are not under the control of LUX Mobile, and LUX Mobile is not responsible for any Third-Party Materials. LUX Mobile provides access to these Third-Party Materials only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Materials. You acknowledge and agree that LUX Mobile is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. LUX Mobile does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.
10. Release. You hereby release and forever discharge the LUX Mobile (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third Party Materials). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11. Disclaimers. THE SERVICE IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LUX MOBILE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LUX MOBILE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, GAMES, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, ACCURATE, RELIABLE, FREE FROM HARMFUL CODE, COMPLETE, LEGAL, SAFE, AVAILABLE ON AN UNINTERUPTED BASIS OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Limitation on Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LUX MOBILE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE GAME FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER OR DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE GAME OR VIRTUAL ITEMS.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR LUX MOBILE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. Term and Termination. Subject to this Section, these Terms of Service will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms of Service. Upon termination of your rights under these Terms of Service, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of all information and Virtual Items associated with your Account from our live databases. LUX Mobile will not have any liability whatsoever to you for any termination of your rights under these Terms of Service, including for termination of your Account or deletion of your information. Even after your rights under these Terms of Service are terminated, the provisions herein which by their nature should survive the termination of this agreement, will survive it, including without limitation: Sections 1.3, Section 3, Section 9, Section 11 through 13 and Section 16.
14. Copyright Policy. LUX Mobile respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (1) your physical or electronic signature; (2) identification of the copyrighted work(s) that you claim to have been infringed; (3) identification of the material on our services that you claim is infringing and that you request us to remove; (4) sufficient information to permit us to locate such material; (5) your address, telephone number, and e-mail address; (6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for LUX Mobile is:
LUX Mobile Corp.
19266 Coastal Highway, Unit 4-102R,
Rehoboth Beach, DE 19971
15.1 Changes. These Terms of Service are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Our prominent posting of notice of such changes on our website will also be considered effective notice of such changes. Any changes to these Terms of Service will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
15.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with LUX Mobile and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Service or the use of any product or service provided by the LUX Mobile that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the LUX Mobile, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to LUX Mobile should be sent to the LUX Mobile attn.: Terms of Service Dispute at the address listed in Section 17.12 (or such other address as may be provided by the LUX Mobile for this purpose. After the Notice is received, you and the LUX Mobile may attempt to resolve the claim or dispute informally. If you and the LUX Mobile do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration. You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms of Service and not informally resolved shall be settled by binding arbitration in Kentucky, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys' fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the Kentucky, without giving effect to its conflict of laws rules.
(d) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the LUX Mobile in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LUX MOBILE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(f) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(g) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(h) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(i) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(j) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(k) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within the State of Kentucky, for such purpose.
15.3 Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from LUX Mobile, or any products utilizing such data, in violation of the United States export laws or regulations.
15.4 Disclosures. LUX Mobile is located at the address in Section 17.12. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
15.5 Electronic Communications. The communications between you and LUX Mobile use electronic means, whether you use the Service or send us emails, or whether LUX Mobile posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from LUX Mobile in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LUX Mobile provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
15.6 Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
15.7 Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Kentucky without giving effect to any choice or conflict of law provision or rule.
15.8 Limitation of Time for Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE GAME MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15.9 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will govern.
15.11 Copyright/Trademark Information. Copyright © 2022 LUX Mobile Corp. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
15.12 Contact Information:
LUX Mobile Corp
19266 Coastal Highway, Unit 4-102R,
Rehoboth Beach, DE 19971