Last updated 12-15-2015
Ownership of Site Materials
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site (and all past, present and future versions), including, without limitation: graphics; layout; text; instructions, widgets; images; audio videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Materials”) are owned, controlled or licensed by Lucies Locket, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Lucies Locket, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.
NOTICE TO THIRD PARTY SITES: Any of our Materials made available in connection with your site, or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Materials upon notice and you will do so.
Your License to Use Materials on Our Site
You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Lucies Locket.
Copyrights and Other Intellectual Property
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. Lucies Locket encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
Copyright. Lucies Locket has a designated agent for receiving notices of copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lucies Locket copyright agent the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Lucies Locket copyright agent for notice of claims of copyright infringement on or regarding the Site can be reached as follows:
Other Intellectual Property. If you believe that any content on the Site contains violates your exclusive rights other than copyrights, please provide Lucies Locket at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on this Site to: legal@Lucies Locket.com.
General Rights Information. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Lucies Locket will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Don’t make false claims!
Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.
Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
User Comments and Postings
We may provide user comment areas, message boards or other interactive areas on the Site (“User Forums”) to give select users of the Site a forum to express their opinions and share their ideas, information, materials, and other user-generated content (each, “User Content”).
Rights You Grant to Us. Whenever you send, post, upload, or otherwise make available User Content on a User Forum or elsewhere on the Site or directly to Lucies Locket (including by e-mail or text message) you: (1) grant to Lucies Locket an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast and perform that User Content and your name, voice, likeness and other identifying information in connection with that User Content via any media now known or later developed, without any compensation to you, and (2) waive all of your moral rights in that User Content to the fullest extent permitted by law, even if the User Content is altered or changed in a manner not agreeable to you. You further authorize Lucies Locket to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet.
No Responsibility. We are not responsible for, and we do not endorse, the User Content posted in User Forums or elsewhere on the Site.
No Obligation to Prescreen/Monitor. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. Because we may not prescreen User Content, if your User Content contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that Lucies Locket has no obligation to monitor or enforce your intellectual property rights to your User Content, but has the right to protect and enforce its and its licensees’ licensed rights to your User Content.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Lucies Locket does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted.
Representations You Make to Us. You are solely responsible for all of your User Content. By Submitting a User Content, you represent and warrant to Lucies Locket that each User Content: (1) is not confidential and that you have all necessary permission to submit such User Content; and (2) does not infringe upon, misappropriate or violate the rights of any third parties, including, without limitation, any intellectual property rights, rights of publicity or privacy, or any other proprietary rights.
No Obligation to Use. You agree and understand that we are not obligated to post, keep or use your User Content.
Security. You acknowledge that the Internet may be subject to breaches of security and you are that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Lucies Locket.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
Membership & Registration
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Lucies Locket reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE Lucies Locket PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE MATERIALS; (C) USER CONTENT, DOWNLOADS OR WIDGETS; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Lucies Locket PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Lucies Locket PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE Lucies Locket PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Lucies Locket PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Lucies Locket ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE Lucies Locket PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE Lucies Locket PARTIES.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR PROVIINCE/TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Term and Termination
Lucies Locket reserves the right to terminate your access to and use of the Site and any of its features in its sole discretion, without notice and liability, including, without limitation, if Lucies Locket believes your conduct fails to conform to these Terms or any Additional Terms. Lucies Locket also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
Upon termination of your access to the Site, or upon demand from Lucies Locket, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site; (b) destroy all materials obtained from the Site and all related documentation; and (c) as applicable, pay any amounts owed to Lucies Locket in full within thirty (30) days from the date of such termination and continue to pay any other amounts owed under these Terms.
Lucies Locket also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Lucies Locket will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. Lucies Locket also reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.
Lucies Locket reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.Lucies Locket is a United States corporation. Please be aware that any information you provide to us may be transferred to, processed in, and stored in the United States, Ireland (where the Site is hosted), and elsewhere in the world. As a result, this information may be subject to access requests from governments, courts, or law enforcement agencies in such countries (including the United States) according to their respective laws. By accessing our Site, participating in any of our services, and/or providing us with your information, you consent to the transfer, processing and storage of your information in the United States, Ireland, and elsewhere in the world. The privacy laws of the jurisdiction where information is transferred, processed, or stored may not be as comprehensive as those in the country where you reside and/or are a citizen.
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Site and provide us with your information at your own risk.