The web pages available at Lucyphone.com, and all linked pages ("Site"), are owned and operated by Decogram Corporation, a Delaware corporation, and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. LUCYPHONE'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY LUCYPHONE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Lucyphone reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Lucyphone will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at Lucyphone's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
Subject to full compliance with the Terms of Use, Lucyphone may offer to provide certain services, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any communication function Lucyphone performs for you, as well as the offering of any customer service-related content, also known as the "Content"). Lucyphone may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Lucyphone may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Lucyphone. Lucyphone's services are intended for making customer service calls, not for personal communication.
By way of example, and not as a limitation, you agree not to use the Services:
Lucyphone may remove any Content and Lucyphone accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@lucyphone.com.com
Lucyphone's current privacy policy is available at lucyphone.com/privacy (the "Privacy Policy"), which is incorporated by this reference.
You will indemnify and hold harmless Lucyphone, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Lucyphone User ID, of any intellectual property or other right of any person or entity.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Lucyphone makes no warranty that the Services will work without interruption or failure, and you the user assume all risk associated with the use of these Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Lucyphone makes no representations concerning any content contained in or accessed through the Site or Services, and Lucyphone will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
The Services may provide links to other World Wide Web sites or resources. Because Lucyphone has no control over such sites and resources, you acknowledge and agree that Lucyphone is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Lucyphone 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
IN NO EVENT SHALL LUCYPHONE OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Lucyphone may terminate or suspend any and all Services and your Lucyphone account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Lucyphone account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Lucyphone in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Lucyphone shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Lucyphone's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Lucyphone's prior written consent. Lucyphone may transfer, assign or delegate the Terms of Use and its rights and obligations without consent.
LUCYPHONE and other Lucyphone graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Lucyphone in the U.S. and/or other countries. Lucyphone's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
