Terms of Service

Terms of Service

 

Last Updated: Jun 30, 2023

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Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the mobile application (the “Service”) operated by Lekses LLC (the “Company”, “us”, “we”, or “our”).

 

By accessing or using the Service, you signify that you have read, understood and agree to be bound by these Terms of Service (the “Agreement”), whether or not you are a registered user of our Service. If you disagree with any part of the terms then you do not have permission to access the Service. The Company reserves the right to modify this Agreement so long as it provides notice of these changes to you as described below. This Agreement applies to all visitors, users, and others who access or otherwise use the Service (“you” or “Users”). 

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Usage Terms

 

The Content found on or through this Service is intended for general audiences of at least 13 years of age.  By using the Service, you are representing that you are at least 18, or that you are at least 13 years old and have your parents’ permission to use the Service. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.

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You may not use the Service for any illegal activity or to violate laws in your jurisdiction. You may not exploit the Service to access unauthorized information. The Company reserves the right to modify, suspend, or discontinue the Service for any reason, with or without notice. The Service is provided “as is” and “as available”. You assume complete responsibility and risk for your use of the Service. 

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The Company does not warrant that (i) the Service will meet your requirements, (ii) you will be satisfied with the Service, (iii) you will at all times be able to use the Service, (iv) the Service will be without errors, (v) or that any errors will be corrected. The Company is not responsible for any damages or loss resulting from your use of the Service. The Company is not liable for any damages or losses resulting from the Service transmitting information such as personal messages over unencrypted networks such as email.

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Any failure of the Company to enforce or exercise a right provided in these terms is not a waiver of that right. Should any provision of this Terms of Service be found invalid or unenforceable, the remaining terms shall still apply. This Terms of Service constitutes the entire agreement between you and the Company and supersedes any and all previous agreements, written or oral, between you and the Company, including previous versions of the Terms of Service.

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Content

 

The Content found on or through this Service, including all underlying software used in connection with the Service (“Software”) are the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

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The Company grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.

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The Service does not and cannot control all Content published by third parties to the Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service you may be exposed to Content that you may find incorrect or objectionable, and you agree that under no circumstances will the Service be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. 

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Intellectual Property

 

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

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Links To Other Web Sites

 

Our Service may contain links to third party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

 

You acknowledge and agree that the Company 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

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Termination

 

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

 

If you wish to terminate your account, you may simply discontinue using the Service.

 

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

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Indemnification

 

You agree to defend, indemnify and hold harmless the Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

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Limitation Of Liability

 

In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

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Exclusions

 

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

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Governing Law

 

These Terms shall be governed and construed in accordance with the laws of Maryland, United States, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

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Changes

 

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. We reserve the right, in our sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Services, as well as any aspect pertaining to the use of the Services.

 

If you do not agree to the provisions of these terms or are not satisfied with the services, your sole and exclusive remedy is to discontinue your use of the services, as applicable.

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Contact Us

 

If you have any questions about these Terms, please contact us at legal@lekses.com.