Eligibility, Registration and Account
Certain participation in areas of our Site may require you to register for an account. You agree to (a) create only one account; (b) provide correct, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others; (e) promptly notify LumiTea if you discover or otherwise suspect any security breaches relating to the Site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Please read the Privacy Statement carefully to understand how LumiTea collects, uses and discloses personal data from its users.
Terms of Sale
All sales from the Site are governed by LumiTea Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products from LumiTea. By ordering products through our Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in LumiTea' sole discretion, so you should review the Terms of Sale each time you make a purchase.
Product Sales and Availability
All prices for products displayed on the Site are quoted in U.S. Dollars. LumiTea reserves the right without prior notice to discontinue or change specifications on products and services offered on the Site without incurring any obligations, effective at the time the change is posted on the Site. Please refer to our Returns & Exchange policy for additional information that applies to purchases made through our Site.
The materials and information on the Site may include technical inaccuracies or typographical errors. The materials, information and services on the Site are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, LumiTea disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and the information, content and materials contained therein.
Copyright and Limited License
The Site and all content and other materials therein, including, but not limited to, the LumiTea logo and all designs, text, graphics, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the property of LumiTea and are protected by U.S. and international copyright laws.
Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via the Site infringes a copyright you own or control, you may file a notification with our Designated Agent as set forth below:
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer due to our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, LumiTea reserves the right to terminate, in its sole discretion, users who are deemed to be repeat infringers. LumiTea may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, with or without repeat infringement.
LumiTea and the LumiTea logo are registered trademarks of LumiTea. All other LumiTea trademarks, service marks, domain names, logos, company names, product names, and indicia of origin on the Site are either trademarks, service marks, domain names, logos, company names, product names, or indicia of origin or are otherwise the property of LumiTea. In countries where any of the LumiTea trademarks, service marks, domain names, logos, company names, product names, or indicia of origin are not registered, LumiTea claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade name, company names, product names, and indicia of origin. Other product or company names referred to on the Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, company name, product name, trade name or indicia of origin of LumiTea or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, company name, product name, trade name or indicia of origin.
All rights not expressly granted are reserved.
Restrictions on Use
The Site may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Site ("User Content"). By using the Site, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a.Any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
b. User Content that is unlawful, defamatory, obscene, pornographic, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
c. User content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you certify that you have the lawful right to post such User Content;
d. User Content that impersonates any person or entity, or otherwise misrepresents your identity or affiliation with another person or entity;
e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
g. Viruses, Spyware, Trojan horses, “Easter Eggs” or any other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of LumiTea, is objectionable, restricts or inhibits any other person from using or enjoying the Site, or which damages the image or rights of LumiTea, other users or third parties.
LumiTea does not control, take responsibility for, or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is LumiTea liable for any user conduct or any mistakes, misrepresentation, defamation, slander, libel, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community spaces for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Site and agree to use the interactive areas at your own risk.
If you are viewing the Site on a public computer or are using a computer to which multiple people have potential access, be sure to sufficiently disconnect and log off the Site and the computer system you are using to prevent unauthorized User Content.
License to User Content
You warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to your User Content or otherwise have the right to grant the rights to LumiTea that you grant herein. LumiTea claims no ownership or control over any User Content, except as otherwise provided herein, either on the Site or in a separate agreement. However, by submitting or posting User Content on the Site, or by posting User Content on your own website or social media accounts featuring LumiTea products or promotion, you grant LumiTea and its designees a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness in connection with it. By posting User Content on our Site or by posting User Content on your own website or social media accounts featuring LumiTea products or promotion, you hereby release LumiTea and its agents and employees from any claims that the use of it, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
Submission of Ideas
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, plans, ideas, and otherwise original or creative materials or other information about LumiTea, our Site and our products (collectively, "Ideas"). Ideas, whether posted to the Site or provided to LumiTea by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. LumiTea shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be compensated or continue to own or claim rights in them.
You are granted a limited, non-exclusive right to create text hyperlinks to the Site for noncommercial purposes, provided such links do not portray LumiTea in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Site does not contain any obscene or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time without prior notice. In addition, you may not use LumiTea’s logo or other proprietary graphics to link to our Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any LumiTea trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent.
Limitation on Liability
To the maximum extent permitted by applicable law, LumiTea and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from LumiTea, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction or unauthorized access to LumiTea's records, programs or services. In no event shall the aggregate liability of LumiTea, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site exceed any compensation you pay, if any, to LumiTea for access to or use of the Site. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
Modifications to the Site
LumiTea reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that LumiTea will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Jurisdiction and Compliance with Laws