Terms Of Use – ReptileChannel.com

ACCEPTANCE OF TERMS
This Terms of Use agreement sets forth the terms and conditions for using the websites of Lumina Media, which include the websites at Lumina Media. This Terms of Use agreement constitutes a legally binding agreement between you and Lumina Media. Please read this agreement carefully before using any of the Lumina Media websites, registering for any services offered by Lumina Media, making any purchases, or activating any account with Lumina Media. By using the Lumina Media, you agree that you have read the Terms of Use agreement, understand it and agree to be bound by its terms and conditions, as we may amend from time to time and post on the Lumina Media websites. Your use of the Lumina Media websites signifies your agreement to these Terms of Use. Likewise, your continued use of any of the Lumina Media websites after revisions have been posted indicates your acceptance of such revisions.  

PRIVACY
Your use of the Lumina Media websites is governed by the Lumina Media Privacy Policy, which is incorporated by reference. You agree to Lumina Media’s collection, use and sharing of your information as set forth in the Privacy Policy.

CHILDREN
Although children under 13 may view the Lumina Media websites, we do not permit children under 13 to register for services, like our discussion forums and Club Reptile without express written consent from their parent or guardian, also known as a COPPA release form. We encourage parents or guardians to supervise Internet activity of all children under 18.

PROPRIETARY RIGHTS
Lumina Media owns all right, title and interest in and to the material appearing on the Lumina Media websites, including, without limitation, all marks, graphics, images, layouts, presentation, page headers, button icons, typefaces, trade names, trade dress, logos, content, website design, data compilations, and text, which are protected by copyright, trademark, trade dress and other intellectual property laws. Any use of Lumina Media trademarks, trade dress or copyrighted materials without our express permission is strictly forbidden. 

PERMITTED USE
Your accessing and viewing of the Lumina Media websites is only for your personal, non-commercial use. Aside from page caching and the downloading of a single copy of the Lumina Media websites for your own personal, non-commercial use, no other uses are permitted. 

USER CONDUCT
The Lumina Media websites offer a number of activities and opportunities for interaction, which include but are not specific to chat areas, message boards and/or e-mail functions. Prior to participation, we require users to register and provide a username, password and email address. Because of the public nature of the activities on this website, we recommend that you exercise discretion in the type of information you decide to post in our activities. We have no control over the privacy practices of any community user. Likewise, we have no control over the content posted by the users of the activities on this website and cannot ensure that the content will not be objectionable or offensive. Objections to content can be made to sitesupport@reptilesmagazine.com. Although we have no obligation to monitor content, we reserve the right to delete or edit content from any of the activities on this website at any time for any reason. 

By participating in the activities on this website, you agree that you will not post any content that:

1. Is vulgar, obscene, profane, sexually oriented, harassing, hateful, threatening, abusive, slanderous, defamatory or invades the privacy of any third party;
2. Is offensive on the basis of race, ethnicity, gender, age, disability, sexual orientation or religion;
3. Violates any rights of any third party, including patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary rights, or any laws;
4. Does not relate to the subject matter of the activities on this website for which you have registered;
5. Contains any viruses, worms or other components intended to provide unauthorized access to third party data or disrupt or damage the functioning of computer hardware, software or telecommunications equipment;
6. Constitutes spam, unsolicited advertising, chain letters or any form of gambling or lottery;
7. Is commercial in nature including, but not limited to any advertising content.

By posting content to any of the activities on this website, you automatically assign to Lumina Media all right, title and interest in and to such content and grant Lumina Media the right to use your name or identifying information in connection with such posted content. Although we have no obligation to monitor content, we reserve the right to delete or edit content that you may have submitted at any time for any reason. 

USER RESPONSIBILITIES
It is solely your responsibility to keep your account information and password secure. Do not disclose your account information, including password to anyone that you have not authorized to use your account. You assume all liability from the use of the Lumina Media websites from any users that use your account. You agree to notify Lumina Media immediately of any unauthorized account use or security breach. Lumina Media disclaims all liability arising from your failure to keep your account information and password secure.

DISCLAIMER
THE Lumina Media WEBSITES AND RELATED SERVICES ARE PROVIDED "AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY. WE DISCLAIM ALL WARRANTIES AS TO THE OPERATION OF THE LUMINA MEDIA WEBSITES, THE CONTENT, INFORMATION MADE AVAILABLE THROUGH SUCH SITES, AND GOOD OR SERVICES PURCHASED THROUGH SUCH SITES. TO THE EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LUMINA MEDIA DOES NOT WARRANT THAT USE OF THE LUMINA MEDIA, LLC WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE LUMINA MEDIA WEBSITES IS SOLELY AT YOUR RISK.

THIRD-PARTY WEBSITES LINKED TO OR FROM THE LUMINA MEDIA WEBSITES ARE NOT CONTROLLED BY LUMINA MEDIA. LUMINA MEDIA EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT ON THIRD-PARTY WEBSITES. YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST LUMINA MEDIA REGARDING SUCH THIRD-PARTY WEBSITES AND CONTENT. 

LIMITATION OF LIABILITY
LUMINA MEDIA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE LUMINA MEDIA, LLC WEBSITES OR SERVICES AVAILABLE IN CONNECTION THEREWITH. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU IN CONNECTION WITH USE OF THE LUMINA MEDIA WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE LUMINA MEDIA WEBSITES.

INDEMNIFICATION
You agree to indemnify and hold Lumina Media and its subsidiaries, affiliates, partners, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorney fees and costs, made by any third party arising out of your use of the Lumina Media Websites, and content you may have posted, any violation of any third party rights, any violation of the Terms of Use, or any violation of any other law. 

GENERAL
These Terms of Use and the relationship between you and Lumina Media shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any action relating to these Terms of Use will be brought exclusively in the federal or state courts located in Los Angeles, California, and you consent to the personal jurisdiction of such courts. No failure or delay by Lumina Media in exercising any right under these Terms of Use will operate as a waiver thereof. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Lumina Media Websites or these Terms of Use must be filed within one year after such claim or cause of action arose or be permanently barred. The section titles in these Terms of Use are for the convenience of the parties only and have no legal or contractual effect. These Terms of Use, including the Privacy Policy and the Forum Agreement incorporated herein by reference, represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. You shall not assign your rights or obligations hereunder without Lumina Media prior written consent.

CLAIMS OF INFRINGEMENT OF COPYRIGHT MATERIAL
Lumina Media respects the intellectual property rights of others and we expect our users to do the same. If you believe that material posted on the Lumina Media Websites infringes your copyright, please provide a written notification containing all of the following to our Copyright Agent:

1. A physical or electronic signature of the owner of the allegedly infringed copyright (or such person’s authorized representative).
2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.
3. A description of the material on the Lumina Media Websites (including the precise websites addresses on which the allegedly infringing material appears) that is claimed to be infringing or to be the subject of infringing activity, with information reasonably sufficient to permit us to locate the material.
4. Contact information for the complaining party, including address, telephone number, and, if available, an e-mail address.
5. A statement that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Lumina Media does not guarantee that any complained-of content will be deleted or modified. Lumina Media, LLC’s Copyright Agent for notice of claims of copyright infringement is:

Content Manager
Lumina Media
2030 Main Street
Irvine, CA 92614

TERMINATION
These Terms of Use are effective until terminated by either party. Lumina Media may, in its sole discretion, without notice to you, suspend or terminate your use of the Lumina Media websites or terminate any account or registration for any discussion forum. You may terminate these Terms of Use at any time, by discontinuing use of the Lumina Media websites. However, you are still liable for any violations of the Terms of Use prior to any termination. Lumina Media shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of access or use of the Lumina Media websites.