Welcome to Lyxaria! These User Terms and Conditions ("Terms") govern your use of our website, services, and any related content, features, or functionality offered by Lyxaria. By accessing or using our website and services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not access or use our website or services.
Acceptance of Terms:By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional terms and conditions that may apply. These Terms constitute a legally binding agreement between you and Lyxaria, and govern your use of our website and services.
Updates and Modifications:We reserve the right to update, modify, or replace these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting the updated Terms on our website. It is your responsibility to review these Terms periodically for any changes. Your continued use of our website and services following the posting of changes to these Terms constitutes acceptance of those changes.
Access and Use of Our Website:Our website and services are intended for personal, non-commercial use only. You may not use our website or services for any illegal or unauthorized purpose, or in any manner that violates these Terms or any applicable laws or regulations. You are solely responsible for your use of our website and services and for ensuring that your use complies with these Terms and all applicable laws and regulations.
To access certain features or services on our website, you may be required to register for a user account. When registering for a user account, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form. You also agree to maintain the security of your account credentials and to promptly update your account information if it changes.
User Account Registration:When registering for a user account, you may be required to provide certain information, such as your name, email address, and password. You agree to provide accurate, current, and complete information about yourself and to keep this information updated if it changes. You also agree to maintain the security of your account credentials and to prevent unauthorized access to your account.
Account Security:You are solely responsible for maintaining the security of your user account and for any activities that occur under your account. You agree to keep your account credentials confidential and not to share them with anyone else. You also agree to notify us immediately if you suspect unauthorized access to your account or any other security breach.
Account Termination:We reserve the right to suspend or terminate your user account and access to our website and services at any time and for any reason, without prior notice or liability. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent or unauthorized use of our website or services, or any other conduct that we deem inappropriate or harmful.
As a user of our website and services, you agree to comply with the following conduct guidelines and responsibilities:
Lawful Use:You agree to use our website and services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations. You may not use our website or services for any illegal or unauthorized purpose, or in any manner that violates these Terms or any applicable laws or regulations.
Respectful Behavior:You agree to interact with other users and our staff in a respectful and courteous manner. Harassment, bullying, hate speech, or any other form of abusive or inappropriate behavior will not be tolerated and may result in the suspension or termination of your user account and access to our website and services.
Content Guidelines:You agree not to upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You also agree not to upload, post, or transmit any content that infringes upon the intellectual property rights of others.
All content and materials available on our website, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, and software, are the property of Lyxaria or its licensors and are protected by copyright laws and other intellectual property rights. You may not use, reproduce, distribute, modify, or create derivative works of any content on our website without the express written permission of Lyxaria or the respective copyright owner.
By submitting or posting any content on our website, including but not limited to comments, reviews, feedback, suggestions, or other materials, you grant Lyxaria a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content worldwide in any media. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to submit or post the content and to grant the rights described herein.
Lyxaria, other marks, logos, and designs used on our website are trademarks or registered trademarks of Lyxaria. You may not use any trademarks or logos displayed on our website without the prior written permission of Lyxaria or the respective trademark owner. All other trademarks not owned by Lyxaria that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lyxaria.
You agree to comply with all applicable laws, regulations, and ordinances in connection with your use of our website and services. You may not use our website or services for any unlawful or prohibited purpose, or in any manner that could damage, disable, overburden, or impair our website or interfere with any other party's use and enjoyment of our website or services.
You are responsible for maintaining the confidentiality and security of any account credentials, passwords, or other sensitive information associated with your user account. You agree not to share your account credentials with anyone else or allow anyone else to access your account. You also agree to notify us immediately of any unauthorized access to or use of your account.
You may not engage in any of the following activities in connection with your use of our website and services: transmitting or distributing any viruses, worms, or other malicious code; attempting to gain unauthorized access to our website, servers, or networks; interfering with or disrupting the operation of our website or services; harassing, abusing, or harming other users or our staff; engaging in any activity that could damage, disable, overburden, or impair our website or services, or interfere with any other party's use and enjoyment of our website or services.
You may terminate your user account at any time by contacting us or using the account termination option available on our website, if applicable. Upon termination of your user account, you will no longer have access to our website or services, and any data associated with your account may be deleted in accordance with our privacy policy.
We reserve the right to suspend or terminate your user account and access to our website and services at any time and for any reason, without prior notice or liability. Reasons for termination may include, but are not limited to, violation of these Terms, fraudulent or unauthorized use of our website or services, or any other conduct that we deem inappropriate or harmful.
Upon termination of your user account, all rights and licenses granted to you under these Terms will immediately cease, and you must cease all use of our website and services. Sections of these Terms that by their nature should survive termination, including but not limited to provisions regarding intellectual property rights, indemnification, limitations of liability, and dispute resolution, will continue to apply after termination.
Any content, information, or materials that you submit, post, or otherwise make available on or through our website, including but not limited to text, images, videos, audio, and other materials ("User Content"), are your sole responsibility. By submitting User Content, you grant Lyxaria a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, and publicly display the User Content in connection with our website and services. You represent and warrant that you have the necessary rights, licenses, consents, and permissions to grant the foregoing license and that your User Content does not infringe or violate the rights of any third party.
We reserve the right to monitor, screen, edit, or remove User Content at our sole discretion and without prior notice. We are not responsible for any User Content posted or submitted by users of our website, and we do not endorse or guarantee the accuracy, integrity, or quality of any User Content. You acknowledge and agree that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lyxaria with respect to such User Content.
You agree not to submit or post any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You also agree not to submit or post any User Content that infringes upon the intellectual property rights of others, violates any confidentiality or nondisclosure obligations, or contains any viruses, worms, or other malicious code. We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion.
Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Lyxaria. We are not responsible for the content, privacy policies, or practices of any third-party websites, services, or resources, and we do not endorse or assume any responsibility for any content, advertising, products, or other materials on or available through such websites, services, or resources.
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 on any such content, goods, or services available on or through any third-party websites, services, or resources. We strongly advise you to review the terms and conditions and privacy policies of any third-party websites, services, or resources that you access through our website.
In addition, certain content, products, and services available on our website may be provided by third-party providers, advertisers, or affiliates. We are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, legality, or quality of any such content, products, or services. We do not warrant or endorse and will not be responsible or liable for any third-party materials, products, or services.
Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Lyxaria disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights.
Lyxaria does not warrant that our website or services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Lyxaria does not warrant the accuracy, completeness, or reliability of any content, information, or materials provided on or through our website or services.
You acknowledge and agree that your use of our website and services is at your own risk and that Lyxaria shall not be responsible or liable for any damages, losses, costs, or expenses arising out of or in connection with your use of or inability to use our website or services, including but not limited to any direct, indirect, incidental, consequential, or punitive damages, whether based on warranty, contract, tort, or any other legal theory, even if Lyxaria has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Lyxaria and its affiliates, directors, officers, employees, agents, contractors, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of our website or services, your User Content, your violation of these Terms, or your violation of any rights of any other person or entity.
We reserve the right, at our 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 us in asserting any available defenses.
In no event shall Lyxaria, nor its directors, officers, employees, agents, contractors, licensors, or service providers, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of our website or services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Lyxaria has been advised of the possibility of such damages.
Under no circumstances shall Lyxaria be liable for any direct damages in excess of the amount paid by you for the specific product or service giving rise to the claim, or if no payment was made, the sum of $100 USD.
These Terms shall be governed by and construed in accordance with the laws, without regard to its conflict of law provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration, before one arbitrator. The arbitration shall be administered by in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.