Luci Hub Inc. Terms of Service
Last Updated: November 5, 2024
1. Your Acceptance
Welcome. These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Luci Hub Inc., a Nevada company and its affiliates (collectively, “Lucihub”) governing your use of the Platform. Our website: www.lucihub.com along with our related websites, networks, applications, mobile applications, and other service provided by us are collectively referred to as the “Platform”.
Throughout this document, the words “Lucihub,” “us,” “we,” and “our,” refer to our company, Luci Hub Inc. and our Platform, as is appropriate in the context of the use of the words.
Please read the Terms and the Privacy Policy available at: https://lucihub.com/privacy-policy before using our Platform. By using or accessing our Platform, you acknowledge and agree to these terms and agree to be bound by these Terms and the Privacy Policy. We may amend our Terms or Privacy Policy from time to time, your continued use of our Platform will constitute acknowledgement and consent to any amendments made within the Terms and Privacy Policy.
THESE TERMS CONTAIN ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW WHICH ALSO DESCRIBES YOUR RIGHT TO OPT-OUT.
If you do not agree to the Terms or the Privacy Policy please stop using our Platform immediately.
2. Platform Overview and Service Workflow
The Platform offers a range of video production services, including video production, editing, and management tools, accessible via video bundles or retainer packages, through different subscription options tailored to fit various content creation needs.
Upon subscribing, Lucihub personnel will be assigned to manage your video projects, and clients will complete an onboarding meeting (in-person or via video on the platform) to clarify project requirements and expectations. Lucihub reserves the right to reassign team members as necessary to maintain service continuity.
For efficient processing, all video projects must be uploaded to the Platform. Our production team operates from 9:00 AM to 5:00 PM Pacific Standard Time (PST), Monday to Friday (excluding U.S. holidays). While responses may be delayed outside these hours, your team will reply as soon as possible during standard operating times.
3. Lucihub Accounts
You can use parts of our Platform without having an account. However, you need a Lucihub Account to use some features. You may only create a Lucihub Account if you are at least 18 years of age.
During registration, we may require that you provide us with your name, e-mail address and other information as we deem necessary to complete the registration (collectively, “Account Information”). We may also require additional information from you as necessary to verify your identity. If we cannot verify your identity, we can refuse to allow you to use our Platform. You agree and understand that you are responsible for maintaining the confidentiality of your password and your login ID, which allow you access to the Platform. By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communication may be posted on our Platform and/or delivered to your e-mail address we have on file for you. It is your sole responsibility to promptly update your information. You consent to receive communications electronically from Lucihub until the termination of your account with us.
If you become aware of any unauthorized use of your account, you agree to immediately notify us at: support@lucihub.com.
We have the final discretion in granting accounts and reserve the right to reject users without explanation. We reserve the right to reclaim any Lucihub usernames and other unique login IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.
4. Your Use of our Platform
You are responsible for your use of Lucihub, and for any use of Lucihub made using your username and account. Your right to use and access our Platform is personal to you and is not transferable to any other person or entity. You acknowledge that in order for our Platform to function properly, you must keep your Account Information up to date.
You agree that you may not use our Platform for any purpose that is unlawful or prohibited by these Terms, specifically you agree not to:
• Use our Platform to “stalk” or otherwise harass or harm another;
• Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• You may not use our Platform in any manner that could damage, disable, overburden, or impair any Lucihub server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to our Platform or interfere with any other party’s use and enjoyment of our Platform;
• You may not attempt to gain unauthorized access to our Platform, other accounts, computer systems or networks connected to any Lucihub server, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through our Platform; or
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 212 of the Immigration and Nationality Act.
Lucihub may terminate your account for violating one or more of your responsibilities, for violation of our community guideline, for violating applicable international, federal or state law, any other provision in these Terms, the Privacy Policy or for any other lawful purpose or at our discretion, with or without notice.
5. Content
“User Generated Content” is defined as any information and materials you provide to Lucihub, or other users in connection with your registration for and use of the Platform. You are solely responsible for User Generated Content. You acknowledge and agree that Lucihub is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Lucihub has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to Lucihub that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality; (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libelous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Lucihub or otherwise purport to act as a representative or agent of Lucihub; and (i) will not create liability for Lucihub or cause Lucihub to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
6. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Lucihub designs, trademarks, and logos (collectively, “Lucihub IP”) that Users see or read through the Platform is owned by Lucihub, excluding User Generated Content, which users hereby grant Lucihub a license to use as set forth above in Section 5 above. Lucihub IP is protected in all forms, media and technologies now known or hereinafter developed. Lucihub owns all Lucihub IP, as well as the coordination, selection, arrangement and enhancement of such Lucihub IP. The Lucihub IP is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without Lucihub’ express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Lucihub IP other than as permitted herein is expressly prohibited.
The service marks and trademarks of Lucihub are service marks owned by Lucihub. Any other trademarks, service marks, logos and/or trade names appearing via the Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Feedback
We welcome your feedback about the Platform. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such content for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
7. Billing and Payment; Auto-Renewal
Subscription Fee
You agree to pay Lucihub the applicable subscription fees (“Subscription Fees”) in accordance with your chosen subscription tier as displayed on the Platform. There are no adjustments or refunds for unused videos, and all payments are non-refundable; no credits will be issued for partial subscription periods. By registering to use the Platform, you authorize Lucihub to charge your payment method (e.g., credit card) on each anniversary of your registration date, according to your selected billing frequency (monthly or annually). Accounts may be suspended for non-payment, and you are responsible for ensuring that your payment information is accurate and promptly updated with any changes (e.g., billing address or credit card expiration).
Auto-Renewal
Your subscription, along with any add-ons, will automatically renew at the end of each subscription period as set forth on the Platform, unless canceled. You may cancel your subscription at any time before the end of the current subscription period by emailing billing@lucihub.com, and your cancellation will take effect at the end of the current subscription term. Upon cancellation, you will retain access to the Platform and your User Generated Content until the end of your subscription term, at which point access to your files will be revoked and the files will be deleted.
8. Third-Party Payment Processor
When you pay the Subscription Fee (a “Transaction”), you expressly authorize us or our third-party payment processor to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). Your credit card will be authorized and charged through a secured transaction or transactions handled by the payment processor. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
9. Disclaimer of Warranties.
The Platform and all Lucihub IP are made available AS-IS and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
We disclaim all, and assume no responsibility for, evaluating or verifying the accuracy, suitability, truthfulness or authenticity of any information provided by us, or of any information posted or provided by any of our users. We assume no responsibility for ensuring our user’s compliance with any applicable laws, rules and regulations or these Terms. We are not responsible for the conduct, whether online or offline, of any user of our Platform. We are not liable for any failure of our Platform, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
10. Limitations on Liability
IN NO EVENT SHALL LUCIHUB, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, DATA PROVIDERS OR ANY THIRD PARTIES CONTRIBUTING CONTENT TO THE PLATFORM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE PLATFORM OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM.
11. Indemnity
You agree to defend, indemnify and hold harmless Lucihub, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to our Platform; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your User Generated Content.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
12.Third-Party Platform
Our Platform may contain links to third-party platforms or websites (each, a “Third-Party Platform”), and you may be able to share your publications on the Third-Party Platform through our Platform. You acknowledge and agree that we have no control over, and are not responsible for, these Third-Party Platform or their use of your personal information. We do not endorse, recommend or vouch for the security of such Third-Party Platform. We recommend that you review their terms of service and privacy policies before accessing and using the Third-Party Platform.
13. COPPA Compliance
Lucihub and its Platform may only be used by persons 12 years and older. Lucihub in no way targets children under the age of 15. If you are under 12 please stop using our site immediately and do not submit any information to us.
14. Choice of Law
These Terms shall be governed by the laws in force in Nevada without regard to its conflicts of laws principles.
15. Arbitration
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STAINSTRUCTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
Except as provided in Subsection 15.8 below and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, the Privacy Policy, our relationship, or your use or attempted use of our Platform or any product or service, shall be submitted to and finally resolved by individual, confidential arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. The following terms shall apply. You, Lucihub, or any involved third party may pursue a claim. Lucihub agrees to final and binding confidential arbitration should it have any claims against you. Likewise, you agree to final and binding confidential arbitration should you have any claims against Lucihub. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
15.1 Required Pre-Dispute Procedures. We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to support@lucihub.com. Lucihub will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Lucihub or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Clark County, Nevada to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in Subsection 15.8 below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
15.2 Commencing Arbitration. You and Lucihub agree to commence any arbitration proceeding within 1 year after the claim arises (the 1-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
15.3 Arbitration Location. If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Clark County, Nevada unless Lucihub otherwise agrees to arbitrate in another forum requested by you.
15.4 Organization, Rules, and the Arbitrator. We each agree that any and all claims other than those exempted under Subsection 15.8 below shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in Subsection 15.2 above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Lucihub.
15.5 Award. Any award rendered shall include a confidential written opinion and shall be final subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
15.6 Enforceability. This provision survives termination of your account or relationship with Lucihub, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
15.7 Miscellaneous. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1-year limitation period set forth above. This provision is the entire arbitration agreement between you and Lucihub and shall not be modified except in writing by Lucihub.
15.8 Exceptions. Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Lucihub both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Lucihub will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
15.9 Amendments. Lucihub reserves the right to amend this arbitration provision at any time. Your continued use of our Platform, purchase of any product or services on or through our Platform or use or attempted use of a Lucihub product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Lucihub will provide you with notice and an opportunity to opt-out. Your continued use of our Platform, purchase or use of any products or services on or through our Platform or use or attempted use of a Lucihub product or service, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT support@lucihub.com. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
16. DMCA Notice.
Lucihub respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf. As part of our response, we may remove or disable access to material, links or references residing on our Platform that is claimed to be infringing.
Lucihub does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving a DMCA Notice of Infringement, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Lucihub’ rights and obligations under the DMCA and, in particular, 17 U.S.C. §512(c), and do not constitute legal advice.
DMCA Notice of Infringement
To file a notice of infringing material, link or reference on the Platform, please provide a notification containing the following details:
● Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
● Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
● Your contact information so that we can contact you (for example, your address, telephone number, e-mail address);
● A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
● A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
● Your physical or electronic signature.
Then send this notice to Lucihub’ Copyright Agent:
Copyright Agent
[Jennifer Lopez]
Lucihub Repeat Infringer Policy
It is Lucihub policy to provide for the termination, in appropriate circumstances, of Lucihub’s users, customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks, or any other intellectual property.
17. Severability
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms are deemed to conflict with each other's operation, Lucihub shall have the sole right to elect which provision remains in force.
18. Non-Waiver
We reserve all rights permitted us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
19. Our Termination and Cancellation Rights
We may terminate or suspend our Platform or your account or any other provision thereof at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or your Lucihub account, you are solely responsible for properly canceling your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
20. Assignment
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
21. Amendments
We may amend these Terms from time to time. When we amend these Terms, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Platform. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms.
22. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Lucihub must be addressed to our agent for notice and sent via certified mail to: Luci Hub Inc., 8545 West Warm Springs Rd., Suite A-4295, Las Vegas, NV 89113.