1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding
agreement made between you, whether personally or on
behalf of an entity ("you") and Lunaprix MB ("Company",
"we", "us", or "our"), concerning your access to and use
of the https://fotograbas.lt website as well as any other
media form, media channel, mobile website or mobile
application related, linked, or otherwise connected
thereto (collectively, the "Site"). We are registered in
Lithuania and have our registered office at
Vilnius, Vilnius. You agree that by accessing the Site,
you have read, understood, and agreed to be bound by
all of these Terms of Use. IF YOU DO NOT AGREE WITH
ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or
modifications to these Terms of Use from time to time.
We will alert you about any changes by updating the
"Last updated" date of these Terms of Use, and you
waive any right to receive specific notice of each such
change. Please ensure that you check the applicable
Terms every time you use our Site so that you
understand which Terms apply. You will be subject to,
and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms of Use
by your continued use of the Site after the date such
revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would
subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on
their own initiative and are solely responsible for
compliance with local laws, if and to the extent local
laws are applicable.
All users who are minors in the jurisdiction in which they
reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their
parent or guardian to use the Site. If you are a minor,
you must have your parent or guardian read and agree
to these Terms of Use prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality,
software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the
"Content") and the trademarks, service marks, and
logos contained therein (the "Marks") are owned or
controlled by us or licensed to us, and are protected by
copyright and trademark laws and various other
intellectual property rights and unfair competition laws
of the United States, international copyright laws, and
international conventions. The Content and the Marks
are provided on the Site "AS IS" for your information and
personal use only. Except as expressly provided in these
Terms of Use, no part of the Site and no Content or
Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and
to download or print a copy of any portion of the
Content to which you have properly gained access
solely for your personal, non-commercial use. We
reserve all rights not expressly granted to you in and to
the Site, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true,
accurate, current, and complete; (2) you will maintain
the accuracy of such information and promptly update
such registration information as necessary; (3) you have
the legal capacity and you agree to comply with these
Terms of Use; (4) you are not a minor in the jurisdiction
in which you reside, or if a minor, you have received
parental permission to use the Site; (5) you will not
access the Site through automated or non-human
means, whether through a bot, script or otherwise; (6)
you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current
or future use of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree
to keep your password confidential and will be
responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole
discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as
possible the colors, features, specifications, and details
of the products available on the Site. However, we do
not guarantee that the colors, features, specifications,
and details of the products will be accurate, complete,
reliable, current, or free of other errors, and your
electronic display may not accurately reflect the actual
colors and details of the products. All products are
subject to availability, and we cannot guarantee that
items will be in stock. We reserve the right to
discontinue any products at any time for any reason.
Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa
- Mastercard
- Bank transfer
You agree to provide current, complete, and accurate
purchase and account information for all purchases
made via the Site. You further agree to promptly update
account and payment information, including email
address, payment method, and payment card expiration
date, so that we can complete your transactions and
contact you as needed. Sales tax will be added to the
price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in
Euros.
You agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees,
and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you
consent to our charging your payment method on a
recurring basis without requiring your prior approval for
each recurring charge, until such time as you cancel the
applicable order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already
requested or received payment.
We reserve the right to refuse any order placed through
the Site. We may, in our sole discretion, limit or cancel
quantities purchased per person, per household, or per
order. These restrictions may include orders placed by
or under the same customer account, the same
payment method, and/or orders that use the same
billing or shipping address. We reserve the right to limit
or prohibit orders that, in our sole judgment, appear to
be placed by dealers, resellers, or distributors.
7. RETURN/REFUNDS POLICY
All sales are final and no refund will be issued.
8. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose
other than that for which we make the Site available.
The Site may not be used in connection with any
commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
▪ Systematically retrieve data or other content from
the Site to create or compile, directly or indirectly,
a collection, compilation, database, or directory
without written permission from us.
▪ Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive
account information such as user passwords.
▪ Circumvent, disable, or otherwise interfere with
security-related features of the Site, including
features that prevent or restrict the use or
copying of any Content or enforce limitations on
the use of the Site and/or the Content contained
therein.
▪ Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
• Use any information obtained from the Site in
order to harass, abuse, or harm another person.
▪ Make improper use of our support services or
submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any
applicable laws or regulations.
• Engage in unauthorized framing of or linking to
the Site.
▪ Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and
spamming (continuous posting of repetitive text),
that interferes with any party's uninterrupted use
and enjoyment of the Site or modifies, impairs,
disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of
the Site.
▪ Engage in any automated use of the system, such
as using scripts to send comments or messages,
or using any data mining, robots, or similar data
gathering and extraction tools.
▪ Delete the copyright or other proprietary rights
notice from any Content.
▪ Attempt to impersonate another user or person
or use the username of another user.
▪ Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or
active information collection or transmission
mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1x1 pixels,
web bugs, cookies, or other similar devices
(sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms").
▪ Interfere with, disrupt, or create an undue burden
on the Site or the networks or services connected
to the Site.
▪ Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any
portion of the Site to you.
▪ Attempt to bypass any measures of the Site
designed to prevent or restrict access to the Site,
or any portion of the Site.
▪ Copy or adapt the Site's software, including but
not limited to Flash, PHP, HTML, JavaScript, or
other code.
▪ Except as permitted by applicable law, decipher,
decompile, disassemble, or reverse engineer any
of the software comprising or in any way making
up a part of the Site.
▪ Except as may be the result of standard search
engine or Internet browser usage, use, launch,
develop, or distribute any automated system,
including without limitation, any spider, robot,
cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any
unauthorized script or other software.
▪ Use a buying agent or purchasing agent to make
purchases on the Site.
▪ Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of
users by electronic or other means for the
purpose of sending unsolicited email, or creating
user accounts by automated means or under
false pretenses.
▪ Use the Site as part of any effort to compete with
us or otherwise use the Site and/or the Content
for any revenue-generating endeavor or
commercial enterprise.
9. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or
participate in blogs, message boards, online forums,
and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited
to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or
other material (collectively, "Contributions").
Contributions may be viewable by other users of the
Site and the Marketplace Offerings and through third-
party websites. As such, any Contributions you transmit
may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions,
you thereby represent and warrant that:
▪ The creation, distribution, transmission, public
display, or performance, and the accessing,
downloading, or copying of your Contributions do
not and will not infringe the proprietary rights,
including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any
third party.
▪ You are the creator and owner of or have the
necessary licenses, rights, consents, releases,
and permissions to use and to authorize us, the
Site, and other users of the Site to use your
Contributions in any manner contemplated by the
Site and these Terms of Use.
▪ You have the written consent, release, and/or
permission of each and every identifiable
individual person in your Contributions to use the
name or likeness of each and every such
identifiable individual person to enable inclusion
and use of your Contributions in any manner
contemplated by the Site and these Terms of
Use.
▪ Your Contributions are not false, inaccurate, or
misleading.
▪ Your Contributions are not unsolicited or
unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
▪ Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as
determined by us).
▪ Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
▪ Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any
other person and to promote violence against a
specific person or class of people.
▪ Your Contributions do not violate any applicable
law, regulation, or rule.
▪ Your Contributions do not violate the privacy or
publicity rights of any third party.
▪ Your Contributions do not violate any applicable
law concerning child pornography, or otherwise
intended to protect the health or well-being of
minors;
▪ Your Contributions do not include any offensive
comments that are connected to race, national
origin, gender, sexual preference, or physical
handicap.
▪ Your Contributions do not otherwise violate, or
link to material that violates, any provision of
these Terms of Use, or any applicable law or
regulation.
Any use of the Site or the Marketplace Offerings in
violation of the foregoing violates these Terms of Use
and may result in, among other things, termination or
suspension of your rights to use the Site and the
Marketplace Offerings.
10. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or
making Contributions accessible to the Site by linking
your account from the Site to any of your social
networking accounts, you automatically grant, and you
represent and warrant that you have the right to grant, to
us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid,
worldwide right, and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly
display, reformat, translate, transmit, excerpt (in whole
or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to
prepare derivative works of, or incorporate into other
works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution
may occur in any media formats and through any media
channels.
This license will apply to any form, media, or technology
now known or hereafter developed, and includes our
use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have
not otherwise been asserted in your Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or
other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in
any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to
exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and absolute discretion,
(1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Site;
and (3) to pre-screen or delete any Contributions at any
time and for any reason, without notice. We have no
obligation to monitor your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews
or ratings. When posting a review, you must comply with
the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2)
your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hate language; (3) your
reviews should not contain discriminatory references
based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if
posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may
not post any false or misleading statements; and (8)
you may not organize a campaign encouraging others
to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any
claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to
reproduce, modify, translate, transmit by any means,
display, perform, and/or distribute all content relating to
review.
12. SOCIAL MEDIA
As part of the functionality of the Site, you may link your
account with online accounts you have with third-party
service providers (each such account, a "Third-Party
Account") by either: (1) providing your Third-Party
Account login information through the Site; or (2)
allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions
that govern your use of each Third-Party Account. You
represent and warrant that you are entitled to disclose
your Third-Party Account login information to us and/or
grant us access to your Third-Party Account, without
breach by you of any of the terms and conditions that
govern your use of the applicable Third-Party Account,
and without obligating us to pay any fees or making us
subject to any usage limitations imposed by the third-
party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you
understand that (1) we may access, make available, and
store (if applicable) any content that you have provided
to and stored in your Third-Party Account (the "Social
Network Content") so that it is available on and through
the Site via your account, including without limitation
any friend lists and (2) we may submit to and receive
from your Third-Party Account additional information to
the extent you are notified when you link your account
with the Third-Party Account. Depending on the Third-
Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your
Third-Party Accounts may be available on and through
your account on the Site. Please note that if a Third-
Party Account or associated service becomes
unavailable or our access to such Third-Party Account
is terminated by the third-party service provider, then
Social Network Content may no longer be available on
and through the Site. You will have the ability to disable
the connection between your account on the Site and
your Third-Party Accounts at any time. PLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-
PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not
limited to, for accuracy, legality, or non-infringement,
and we are not responsible for any Social Network
Content. You acknowledge and agree that we may
access your email address book associated with a
Third-Party Account and your contacts list stored on
your mobile device or tablet computer solely for
purposes of identifying and informing you of those
contacts who have also registered to use the Site. You
can deactivate the connection between the Site and
your Third-Party Account by contacting us using the
contact information below or through your account
settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained
through such Third-Party Account, except the username
and profile picture that become associated with your
account.
13. SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site or the Marketplace
Offerings ("Submissions") provided by you to us are
non-confidential and shall become our sole property.
We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any
lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original
with you or that you have the right to submit such
Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
14. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1)
monitor the Site for violations of these Terms of Use; (2)
take appropriate legal action against anyone who, in our
sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5)
otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the
proper functioning of the Site and the Marketplace
Offerings.
15. PRIVACY POLICY
We care about data privacy and security. By using the
Site or the Marketplace Offerings, you agree to be
bound by our Privacy Policy posted on the Site, which is
incorporated into these Terms of Use. Please be
advised the Site and the Marketplace Offerings are
hosted in Lithuania. If you access the Site or the
Marketplace Offerings from any other region of the
world with laws or other requirements governing
personal data collection, use, or disclosure that differ
from applicable laws in Lithuania, then through your
continued use of the Site, you are transferring your data
to Lithuania, and you expressly consent to have your
data transferred to and processed in Lithuania.
16. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect
while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SITE AND THE MARKETPLACE OFFERINGS
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE
AND THE MARKETPLACE OFFERINGS OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason,
you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting
on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take
appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND
INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our
sole discretion without notice. However, we have no
obligation to update any information on our Site. We
also reserve the right to modify or discontinue all or part
of the Marketplace Offerings without notice at any time.
We will not be liable to you or any third party for any
modification, price change, suspension, or
discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace
Offerings will be available at all times. We may
experience hardware, software, or other problems or
need to perform maintenance related to the Site,
resulting in interruptions, delays, or errors. We reserve
the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site or the
Marketplace Offerings at any time or for any reason
without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience
caused by your inability to access or use the Site or the
Marketplace Offerings during any downtime or
discontinuance of the Site or the Marketplace Offerings.
Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or the
Marketplace Offerings or to supply any corrections,
updates, or releases in connection therewith.
18. GOVERNING LAW
These conditions are governed by and interpreted
following the laws of Lithuania, and the use of the
United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If
your habitual residence is in the EU, and you are a
consumer, you additionally possess the protection
provided to you by obligatory provisions of the law in
your country to residence. Lunaprix MB and yourself
both agree to submit to the non-exclusive jurisdiction of
the courts of Vilnius, which means that you may make a
claim to defend your consumer protection rights in
regards to these Conditions of Use in Lithuania, or in the
EU country in which you reside.
19. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Terms of
Use (each "Dispute" and collectively, the "Disputes")
brought by either you or us (individually, a "Party" and
collectively, the "Parties"), the Parties agree to first
attempt to negotiate any Dispute (except those
Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice
from one Party to the other Party.
Binding Arbitration
Any dispute arising from the relationships between the
Parties to this contract shall be determined by one
arbitrator who will be chosen in accordance with the
Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of
Arbitration having its seat in Strasbourg, and which are
in force at the time the application for arbitration is filed,
and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be Vilnius,
Lithuania. The language of the proceedings shall be
Lithuanian. Applicable rules of substantive law shall be
the law of Lithuania.
Restrictions
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-
action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf
of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal
negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b)
any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use;
and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to
the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions that
may relate to the Marketplace Offerings, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
21. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-
AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE'S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THIS SITE
AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT
OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
22. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys' fees and
expenses, made by any third party due to or arising out
of: (1) your Contributions; (2) use of the Site; (3) breach
of these Terms of Use; (4) any breach of your
representations and warranties set forth in these Terms
of Use; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights;
or (6) any overt harmful act toward any other user of the
Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and
control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER DATA
We will maintain certain data that you transmit to the
Site for the purpose of managing the performance of
the Site, as well as data relating to your use of the Site.
Although we perform regular routine backups of data,
you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using
the Site. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you.
hereby waive any right of action against us arising from
any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You
consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and
other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive
any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other
than electronic means.
26. MISCELLANEOUS
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible
by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our
reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Terms
of Use and does not affect the validity and
enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency
relationship created between you and us as a result of
these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by
virtue of having drafted them. You hereby waive any and
all defenses you may have based on the electronic form
of these Terms of Use and the lack of signing by the
parties hereto to execute these Terms of Use.
27. CONTACT US
In order to resolve a complaint regarding the Site or to
receive further information regarding use of the Site,
please contact us at:
Lunaprix MB
Vilnius, Vilnius
Lithuania
Phone: +37063290639
grabas@fotograbas.lt