Terms of Use

These Terms of Use (the “Terms of Use”) apply to your use of the Website. Any products or services purchased through the Website are subject to the applicable terms of purchase (the “Purchase Terms”), which are available on the Company’s relevant website and are incorporated herein by reference. In addition, your use of the Website is subject to the Privacy Policy, which is incorporated into these Terms by reference.

Throughout the Website, “we,” “us,” and “our” refer to the Company. The Company offers the Website, including all information, tools, and services available on the Website, to you, the user, conditioned upon your acceptance of these Terms of Use. By continuing to use the Website, you signify your assent to these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Website.

Please read these Terms of Use carefully, as well as the Privacy Statement and any other guidelines or agreements referenced in these Terms of Use, before using the Website. By using the Website, you agree to these Terms of Use, including, without limitation, the Arbitration Agreement and Waiver of Class Action Rights set forth in the “Dispute Resolution” section.

Data Integrity
You warrant that all information, data, and other materials you provide to the Company on the Website or otherwise are true, accurate, current, and complete. It is your responsibility to update and correct the information you provide on the Website and to make changes when necessary.

Privacy Statement
A copy of the Privacy Statement applicable to the collection, use, disclosure and other processing of personal data on this Website is available at luxemyo.com. You agree that all personal data we obtain from you (whether through this Website, email, telephone or otherwise) will be collected, stored and otherwise processed in accordance with the provisions of the Privacy Statement.

Website License and Access
All content available on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, and the selection and arrangement thereof) is the sole property of the Company and is protected by copyright, trademark and other applicable laws. The Company grants you a limited license to access this Website and make personal use of it. Unless otherwise indicated, you may access, copy, download and print the content available on this Website solely for your personal, non-commercial use, provided that you do not change or delete the copyright, trademark or other proprietary notices that appear in the content. The Company or its licensors or content providers retain all title to the content available on the Website, including all associated intellectual property rights, and provide such content to you under a license that is revocable at any time in the Company's sole discretion. The Company strictly prohibits any other use of the Content available through the Website, including, but not limited to:

Any downloading, copying or other use of the Content or the Website for the purpose of competing with the Company or for the benefit of other providers or third parties;

Any caching, unauthorized linking to the Website or framing of the Content available on the Website;

Any modification, distribution, transmission, display, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of Content, products or services obtained by you from the Website that you do not have the right to provide (e.g., other parties' intellectual property);

Any uploading, posting or transmission of material that contains computer viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of a computer;

Use of hardware or software designed to surreptitiously intercept or otherwise acquire information from the Website (such as system data or personal information) (including, without limitation, the use of "scraping" or other data mining techniques, robots or similar tools to gather and extract data);

Or any action that could (at the sole discretion of the Company) impose an unreasonable or disproportionate load on the Company's infrastructure or damage or interfere with the proper functioning of our infrastructure.

You are responsible for access to the Website, and such access may involve third-party fees (e.g., fees from your Internet service provider or mobile operator). In addition, you must provide, and are responsible for, all equipment necessary to access the Website. You may not circumvent measures taken to prevent or restrict access to the Website. Any unauthorized access by you to the Website (including access or use of an account you have set up on the Website or the equipment you use to access the Website) will invalidate the license or permission granted by the Company.

The Company reserves the right to refuse or cancel any person's registration for the Website, remove any person and prohibit any person from using the Website for any reason, and to restrict or terminate your access to or use of the Website at any time without notice. The Company does not warrant or represent that your use of the content available on the Website will not infringe the rights of third parties not affiliated with the Company. Termination of your access or use does not waive any other rights or remedies the Company may have at law or in equity.

Content Submitted by You
You acknowledge that you are responsible for all content submitted through the Website, including the legality, reliability, appropriateness, originality and copyright of such content. You may not upload, distribute or otherwise publish on the Website any confidential, copyrighted, invasive of privacy or publicity rights, infringing intellectual property rights, unlawful, harmful, threatening, false, fraudulent, defamatory, libelous, obscene, vulgar, profane, abusive, threatening, false, fraudulent, offensive, slanderous, obscene, vulgar, profane, harassing, hateful, racially, ethnically or otherwise objectionable content, including, without limitation, content that encourages conduct that would constitute a criminal offense, violate the rights of any party, or otherwise give rise to civil liability or violate applicable law.
You may not use a false email address or other identifying information, impersonate another natural or legal person, or otherwise mislead as to the origin of any content.
With respect to all content you submit, post, upload, publish or otherwise make available through the Website (excluding personal data processed in accordance with the Privacy Statement), you grant the Company an indefinite, irrevocable, perpetual, worldwide, transferable, royalty-free and non-exclusive license to use, reproduce, distribute, publicly display, modify, create derivative works from and sublicense such content or portions thereof. Such content will not be deemed confidential. You hereby warrant, represent and undertake that: (i) the content you provide does not contain any content (including, without limitation, text, images, music or videos) for which you do not have the right to grant such license to the Company; and (ii) the Company shall have the right to exercise the rights in your content and/or enforce those rights without obtaining permission or license from any third party and without any reference to you or any other person.

Links
The Website may contain links to other websites or resources operated by third parties that are not affiliated with the Company. These links are provided for your convenience and as an additional means of accessing such information. We are not responsible or liable for the content, advertising, products or other materials contained on or available from such websites or resources. The inclusion of links to other websites or resources does not imply an endorsement of the content of the linked websites or resources. Additional terms and privacy policies may apply to the use of linked websites or resources. The Company is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with the use of or reliance on such content, products or services.

Disclaimer
Except as expressly provided in these Terms of Use or Terms of Service or Purchase, and to the maximum extent permitted by applicable law, the Company makes no warranties, obligations or undertakings, and disclaims all other conditions, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, or non-infringement with respect to the content on the Website or products or services purchased through the Company Website, and warranties arising from a course of performance or dealing.
Your use of the Website is at your own risk. The Website and its materials, information, services and products are provided on an "as is" basis. We reserve the right to restrict or terminate your access to the Website or certain features or portions thereof at any time. The Company does not warrant that your access to the Website will be uninterrupted or error-free, that the Website is secure, that the server that makes the Website available is virus-free, or that the information on the Website is correct, accurate, appropriate, useful, timely, reliable or otherwise complete. If you download content from the Website, you do so at your own discretion and risk. You are responsible for any damage that results from the download of such content, including damage to your computer system or loss of data. No advice or information obtained by you from the Website shall create a warranty of any kind.
In some jurisdictions, disclaimers may not be legal, so the above disclaimers may not apply to you.

Limitation of Liability
You acknowledge and agree that you are solely responsible for your use of the website, communications with third parties, and products and services purchased and used through the Company website. You acknowledge and agree that all information sent or received by you during your use of the website may not be secure and may be intercepted by unauthorized third parties. You acknowledge and agree that use of the website is at your own risk and that the website is provided to you free of charge. YOU ACKNOWLEDGE AND AGREE THAT NEITHER COMPANY NOR ITS LICENSORS, SUPPLIERS OR CONTENT THIRD PARTIES (THE “COMPANY PARTIES”) SHALL BE LIABLE TO THE FULLEST EXTENT UNDER APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, CONSUMER PROTECTION LAWS) FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (1) THE SITE OR OTHER SITES OR RESOURCES ACCESSED THROUGH LINKS FROM THE SITE; (2) ACTIONS TAKEN OR FAILED TO TAKE UPON NOTICES YOU SEND US; (3) ANY PRODUCTS OR SERVICES AVAILABLE OR PURCHASED THROUGH THE COMPANY SITE, INCLUDING ANY DAMAGES OR INJURY (INCLUDING PRODUCT LIABILITY) ARISING OUT OF THE USE OF SUCH PRODUCTS OR SERVICES; (4) THE DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES; (5) THE ALTERATION, DELETION OR REMOVAL OF ANY CONTENT SUBMISSIONED OR POSTED ON THE SITE; OR (6) ANY USE OF THE SITE IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. USERS ARE RESPONSIB This disclaimer does not limit damages or injury caused by a failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication line failure, network or system outage, lost profits or theft, destruction, unauthorized access to, alteration, loss or use of records or data, or other material or non-material loss. You specifically acknowledge and agree that neither the Company nor its licensors, suppliers or content third parties are liable for the defamatory, offensive or illegal conduct of users of the Site. Your remedy for all of the foregoing claims or disputes with the Company is to discontinue using the Site.
You and the Company agree that any claim arising out of or related to the Site must be filed within one (1) year after the claim arose or the claim will be forever barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of consequential or incidental damages, the above limitations may not apply to you.

Indemnification
You agree to indemnify the Company Parties from and against all fines, penalties, liabilities, losses and other damages of any kind (including attorneys and experts' fees) arising out of (1) your breach of these Terms of Use; (2) your breach of the Purchase Terms; (3) your fraud, willful misconduct or gross negligence; or (4) your violation of applicable law or the rights of a third party. The Company Parties will have control over the claims subject to this indemnification, and you may not, in any event, settle any claim without the Company Parties' prior written consent.

Electronic Communications
When you use the Site or send e-mails to the Company, you are communicating with the Company electronically. You consent to receive all notices relating to your use of the Site electronically. The Company may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that the communications be in writing. All notices from the Company to its customers will be deemed given and effective when sent to the e-mail address you provide on the Company Site.

Trademarks and Copyrights
The trademarks, logos and service marks (the "Trademarks") displayed on the Site are the property of the Company or its licensors, content providers or others. Users or parties acting on their behalf may not use these trademarks for any purpose, including, but not limited to, use as meta tags on other pages or websites, without the written permission of the Company or the trademark owner. You may not use frames or framing techniques or technology to embed the content of the Website without the express written consent of the Company. In addition, you may not use the content of the Website in meta tags or other "hidden text" techniques or technology without the express written consent of the Company. All content (including all software programs) available on or through the Website is protected by copyright, trademark, and other applicable laws.

Notice of Intellectual Property Infringement
The Company respects the intellectual property of others, and we ask our users to do the same. You are hereby notified that the Company has established and properly implemented a policy to terminate, in appropriate circumstances, the accounts of users of the Website who are repeat infringers of copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent with the following information (to be effective, notifications must be in writing and delivered to our Copyright Agent):

An electronic or physical signature of the person authorized to act on behalf of the copyright or other intellectual property owner;

A description of the copyrighted work or other intellectual property that you believe has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that you believe is infringing the copyright or is the subject of infringing activity and that you want removed or access to which is blocked, and a description of where the material that you believe is infringing is located on the Site;

Your address, telephone number, and, if applicable, email address;

A statement by you that you have a good faith belief that the complained-of use is not authorized by the copyright owner, its agent, or the law;

And a sworn statement by you that the above information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The Company's agent for reporting copyright or other intellectual property infringement can be reached as follows:
By email: service@luxemyo.com

The Company may update this contact information from time to time without further notice to you. We will post the most current contact information on this Site.

Survival of Termination
All provisions of these Terms of Use that impose or provide for continuing obligations on a party will survive any expiration or termination of these Terms of Use, notwithstanding any other provision of these Terms of Use or any legal principle to the contrary.

Force Majeure
The Company is excused from any obligation to enforce these Terms of Use or purchase in whole or in part by (1) weather conditions or other natural causes or force majeure, (2) acts of war, terrorism, riots, insurrection, civil unrest or rebellion, (3) quarantine or embargo, (4) labor strikes, or (5) any other cause beyond the Company's reasonable control.

Risk of Loss
Items purchased through the Site are shipped by a third-party carrier pursuant to a transportation contract. As such, the risk of loss and title for such items pass to you upon delivery to the carrier.

General Terms
If any provision of these Terms of Use or Purchase is deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as expressed in that provision, and the unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions of these Terms of Use or Purchase. The section headings are for reference only and do not limit the scope or extent of any section. These Terms of Use or Purchase and the relationship between you and the Company shall be governed by the laws of Hong Kong, to the extent such laws are not overridden by or inconsistent with federal law, and without regard to conflict of law provisions. For all actions not subject to arbitration proceedings, we both submit to the personal jurisdiction of the Hong Kong courts.
The Company’s failure to act against you or others for breach of these Terms of Use or Purchase does not waive the Company’s right to act with respect to subsequent or similar breaches. If the content on the Site or your use of the Site violates the laws of the location where you are when you access the Site, the Site is not intended for you and we ask that you do not use the Site. You are responsible for informing yourself of and complying with the laws of the country in which you are located.
The Company does not guarantee that it will act with respect to all breaches of these Terms of Use or Purchase. Unless otherwise expressly provided in these Terms of Use or Purchase, there are no third-party beneficiaries to these Terms of Use or Purchase.

Assignment
You may not assign these Terms of Use or Purchase (or any rights, interest or obligations therein) without the prior written consent of the Company, which may be denied in the Company's sole discretion. Any attempted assignment that is not in compliance with these Terms of Use or Purchase will be void. The Company may assign these Terms of Use or Purchase, in whole or in part, to a third party in its sole discretion.

Entire Agreement and Validity
These Terms of Use constitute the entire agreement and understanding between you and the Company with respect to the subject matter of the Contract and supersede all prior or contemporaneous oral or written communications and proposals between the parties with respect to such subject matter. For the avoidance of doubt, these Terms of Use apply only to the extent permitted by law. In some cases, these Terms of Use and a separate document containing additional conditions may apply to services or products offered through the Site ("Additional Conditions"). In the event of a conflict between these Terms of Use and the Additional Conditions, the Additional Conditions shall prevail unless the Additional Conditions expressly provide otherwise.

A printed version of these Terms of Use shall be admissible in any legal or administrative proceeding based upon or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally created and maintained in printed form.

These Terms of Use and any separate agreements we provide to you shall be governed by and construed in accordance with the laws of Hong Kong.

Contact Us
If you have any questions or comments regarding these Terms of Use or the Site, please contact the Legal Department by email atservice@luxemyo.com.