Terms and Conditions of Service
Please read these Agreements carefully before accessing or using the Website. By accessing or using any part of the Communities and/or uploading or attempting to upload any Content (as defined in Definitions), you agree to become bound by the Agreements hereafter perpetually and indefinitely, regardless of whether you continue to remain a registered user or not, unless and until terminated, in whole or in part, by LuzFaltex on notice to you. If you do not agree to all the terms and conditions of this agreement, then you may not access any of the Communities. If these TACOS are considered an offer by LuzFaltex, acceptance is expressly limited to these terms. The Communities are available only to individuals who are at least 13 years old, or if younger than 13, with the appropriate permission and consents from your parent or legal guardian.
We may change these TACOS or make new TACOS at any time. Although we will attempt to notify you through reasonable means when the TACOS change, we are under no obligation to do so. The newest TACOS will always be available at our documentation pages under Terms and Conditions of Service. A history of all of the changes made to these TACOS will be available on GitHub.
The term "Content" means and refers to any and all content, media, and materials you submit to the Communities, including, without limitation, still photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and to all derivative works, translations, adaptations or variations of same, regardless of tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio, or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.
The term "Moderator" means and refers to any member of LuzFaltex staff, or an appointed agent thereof, who is responsible for enforcing these Agreements.
Content might contain adult language, descriptions of graphic violence, implied sexual situations, and content inappropriate for minors. On occasion, content that violates these TACOS such as (but not limited to) sexually explicit descriptions and inflammatory comments or bullying behavior may also be found. LuzFaltex makes no guarantee that any Content is appropriate for any audience, and while we will do our best to enforce the rules and guidelines set out in these TACOS, it may take us a reasonable amount of time to identify and hide, delete, or disable access to Content that violates the TACOS. Content does not reflect the views of LuzFaltex, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Content, nor does LuzFaltex endorse or support any opinions expressed in any Content. In no event shall LuzFaltex have or be construed to have any responsibility or liability for, or in connection with, any Content. See the User Content Standards section below for more information.
Disciplinary Action may refer to:
- restriction of access ("banishment," "banning," "ban") to any or all Communities, either on a permanent or temporary basis.
- "Kicking" refers to the abortion of the active connection of the user to a Community without restricting access.
- "Muting" refers to the denial of a user's request to post comments on a temporary basis.
- Verbal (or text-based) warnings
The severity of Disciplinary Action shall be determined by the Moderator reviewing the case and shall be based on the severity of the action and previous infractions. For more information, see the LuzFaltex Code of Conduct.
User Conduct Clause
In order to ensure the safety of all of our members, we require users to respect the following conditions:
- Do not impersonate members of LuzFaltex staff.
- Do not share login information to any LuzFaltex-owned product (account).
- You will be held accountable for any actions using your account, account name, or your likeness, regardless of who was using it and regardless of authorization.
- In the event of a loss of control of any account, you must inform members of staff immediately through any available means, including but not limited to Discord, email, or any other available and known means of communication, provided that it is electronic and may be reasonably expected to be received in a timely manner.
User Content Standards
You are solely responsible and liable for your communications and Content (and the consequences thereof) made under your name, username, email address, password, and your registration and profile information, if any. Content does not reflect the views of LuzFaltex, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any Content, or endorse or support any opinions expressed in any Content. In no event shall LuzFaltex have or be construed to have any responsibility for or in connection with any Content. If we determine, in our sole discretion, you or any Content you submit violates these TACOS, we reserve the right, at any time, without notice and without limiting any of the other rights we may have under these agreements, at law or in equity, to:
- refuse to allow you to submit further Content;
- remove and delete your Content;
- revoke your registration and right to use the Communities; and
- use any technological, legal, operational, or other means available to enforce the terms of these TACOS, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your username, and password.
We make no claim that any Content is appropriate for any purpose or audience. Our Communities may be accessed, used, or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such regulations and not to export or re-export any Content to countries or persons prohibited under export laws and regulations.
You agree you will not submit, or attempt to submit, and we have the right to reject, refuse to accept, remove, or otherwise handle as LuzFaltex deeps appropriate, any "Unauthorized Content" which is defined as any Content that is or could be construed as having violated any of these TACOS, including, without limitation, Content which:
- infringes on a third party's copyright or other intellectual property rights;
- causes harm, harasses anyone, or which may prevent, prohibit, inhibit, restrict, or otherwise impair others from using or enjoying the Communities;
- permits or enables unauthorized access to the Communities or information of other users, except as defined in the LuzFaltex Security Vulnerability Reporting Policy;
- permits or enables the modification, impairment, disruption, alteration, or interference with the use, features, functions, operations, or maintenance of the Communities; or
- violates any requirement, rules, terms, or conditions that may be applicable to the Communities.
LuzFaltex does not control any Content submitted, and reserves the right to review any submitted Content and to delete, remove, edit, or reject Content that we deem, in our sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark, or other intellectual property rights, to be in violation of these TACOS, or to be unacceptable to LuzFaltex for any reason or no reason whatsoever; provided, however, that LuzFaltex shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If LuzFaltex receives notice of any claim of infringement that satisfies legal requirements, such as notice and takedown requirements under U.S. Copyright Law (see Copyright Infringement below), we may remove Content associated with such claim. LuzFaltex reserves the right to provide information to law enforcement officials, government agencies, and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Communities, or to comply with legal, regulatory, audit, and compliance regulations.
Except for the licenses, authorizations, consents, and rights granted hereunder and described in these TACOS, as comprehensive and broad as they may seem or actually be, LuzFaltex acquires no title or ownership rights in or to any Content you submit and nothing in these TACOS conveys to us any ownership rights in your Content. LuzFaltex is acting only as a host, bulletin board, or conduit for submitted Content, with which all of the specific rights granted by you hereunder. Although by your submission of any Content you are requesting and directing us to take advantage of and exploit all of the rights and privileges granted hereunder (including, without limitation, the right to display and post the Content on the Website and Server), we have no obligation to do any of these things. You must own the rights to the Content you submit or the right to grant all of the authorizations, permissions, approvals, consents, rights, and licenses as described in these TACOS. If you do not exclusively own all of these rights, you must have the necessary authorizations, permissions, approvals, consents, rights, and licenses from the owner(s) to enter into these TACOS and perform and comply with all of its obligations.
In connection with all Content you submit on the Website and Server, you grant LuzFaltex the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty free right, license, authorization, and permission, in any form or format, on or through any media or medium, and with any technology or devices now known or hereafter developed or discovered, in whole or part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your Content on the Website or Server (regardless of the Device through which the Website or Server may be accessed) and any other channels, services, or other distribution platforms, whether currently existing or developed in the future, of LuzFaltex, for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, informing, credit or other obligation to you, and the right to license, sublicense, and authorize others to exercise any of the rights granted hereunder to LuzFaltex, in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted to LuzFaltex, these rights include, without limitation, the right to distribute and synchronize all or any portion of your Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your Content; to encrypt, encode and decode, and compress and decompress all or any portion of your Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your Content; and to excerpt and/or extract portions of your Content in order to host, store, index, categorize and display your Content on or through the Platforms.
Notwithstanding the foregoing TACOS, you acknowledge and agree that LuzFaltex shall not be required or have any obligation to host, index, display, accept, or use any submitted Content (or take advantage of any or all of the particular rights and authorities granted or otherwise available) and LuzFaltex may, in its sole discretion, remove or refused to host, index, display, accept, use, or do anything at all with respect to any Content. Once you submit or attempt to submit Content, or access the Website, you have no right to prohibit, restrict, revoke, or terminate any of the rights granted to LuzFaltex. You are not entitled to and you will not receive any compensation for your submission.
You hereby release LuzFaltex of any and all claims of any rights, encumbrances, liens, claims, demands, actions, or suits which you may or can have in connection with your Content, including, without limitation, any and all liability for any use or non-use of your Content, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress, or economic loss.
Please see the DMCA Takedown Policy.
You represent, warrant, and covenant to LuzFaltex, and by using the Website and server and/or submitting Content, you reaffirm each such representation, warranty and covenant, that:
- You are not a minor and you have the legal right and capability to enter into these TACOS and perform and comply with all of its terms and conditions, or if you are a minor, your parent or legal guardian has agreed to these TACOS on your behalf;
- All of the information provided by you associated with your Content is correct, complete, and current;
- Your submission of any Content does not violate these TACOS, any rights of any other party, any of your obligations, any law or regulations, or infringes upon or misappropriates any intellectual property, privacy, publicity, or other rights of any party; and
- You hold and will continue to hold all of the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights, and perform your obligations under these TACOS as described.
Upon the request of LuzFaltex, you will furnish to LuzFaltex any documentation, substantiation, and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the TACOS, including, without limitation, the foregoing representations, warranties, and covenants. You represent and warrant that the submission of your Content is not subject to or under the jurisdiction of any guild or union collective bargaining agreement, and you further acknowledge that LuzFaltex is not signatory to any such agreement. Notwithstanding anything to the contrary, you also understand and agree that LuzFaltex shall not be obligated or responsible for providing any guild or residual payments in connection with the submission and exploitation of the Content. You acknowledge that other persons may have submitted Content to us, may have made public or developed, or may originate, submit, make public or develop, material similar or identical to all or a portion of your Content or concepts contained therein, and you understand and agree that you will not be entitled to any compensation because of the use or exploitation thereof and the submission of Content, or any posting or display thereof, is not any admission of novelty, priority, or originality. Even if you subsequently see or learn of a presentation, motion picture, still photograph, film, video, or any other content which appears to incorporate any idea or concept or include anything similar or identical to that contained in any Content you or anyone else submits, that is purely coincidental and unavoidable.
Disclaimer and Limitation of Liability
THE WEBSITE IS PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THESE TACOS, AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITE. LUZFALTEX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS, AND/OR SECURITY OF THE SITE, SERVER, OR LORE SUBMISSION FEATURES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES MADE AVAILABLE TO YOU, RESOURCES, FACILITIES, PRODUCTS, AND/OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE OR SERVER WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.THE WEBSITE AND SERVER ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS AND USE THAT IS NOT PROHIBITED BY LAW OR REGULATION. LUZFALTEX DISCLAIMS ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THESE TACOS OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OUR COUNTRY. LUZFALTEX EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, WHETHER DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OF THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.