Acceptance of Terms of Use:
Welcome to the "How To Pronounce" website owned by Luminosa Publishing, located at 7660 Fay Ave., H-273, La Jolla, CA 92037 ("Luminosa" or "We"). Luminosa or its affiliates provide this website "Site" as an educational or entertainment "service" to visitors of this Site and Members of this Site ("Guest", "Member", "You", "Your") subject to the following "Terms of Use". This Site may be updated by Luminosa from time to time without notice to You, therefore You are encouraged to periodically review these Terms of Use to be sure You are familiar with the most recent version indicated by the date in which any revision has been made. By visiting this Site, You agree and accept to be bound by these Terms of Use. These Terms of Use govern Your use of this Site and all services provided in connection with this Site. If You do not agree to these Terms of Use, in whole or in part, you must not use this Site.
Description of Terms of Use:
This Site currently provides Guests with access to products or services for sale as well as articles and information meant to inform and entertain. You understand and agree that this Site is provided "AS IS" and that Luminosa assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Guest or Member communications, or personal settings. The information on this Site is believed to be accurate, but we assume no responsibility for accuracy or completion of content or other information on this Site.
Modifications of these Terms of Use:
Luminosa may in its discretion modify, discontinue, or replace temporarily or permanently, this Site or the Terms of Use, with or without notice to You. Each time You visit this Site, You will be deemed to have accepted any such changes and the current version of the Terms of Use. You agree that Luminosa shall not be liable to You or to any third party for any modification, suspension or discontinuance of this Site or Terms of Use.
Termination:
Luminosa reserves the right, in its discretion to terminate or limit Your use of this Site at any time with or without notice upon any breach by You of the Terms of Use. This Site is for Your personal use only, and any use by You for commercial purpose or to obtain direct financial gain is prohibited. You agree not to use this Site for junk mail, chain letters, 'spamming', solicitations (either commercial or non-commercial) or bulk communications of any kind. You further agree that Luminosa shall not be responsible or liable to You or any third-party for any loss or damage of any sort incurred as the result of any termination of Your access to this Site.
Luminosa's Proprietary Rights:
You acknowledge and agree that this Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content of this Site is protected by copyrights, trademarks, trade dress or other proprietary rights and laws. All copyrights, pronunciation guide keys, trademarks, service marks, and trade dress belong to Luminosa unless otherwise indicated. These rights ("Rights") are valid and protected in all media and technologies existing now or later developed. You agree not to modify, rent, lease, loan, sell, distribute, republish, or create derivative works based on this Site, in whole or in part. You agree to not copy, reproduce, retransmit, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content from this Site is not protected by Rights or is not from this Site, rests with You.
Links:
Links to other third parties are provided as a convenience to You. Because Luminosa has no control over such sites and resources, You acknowledge and agree that Luminosa is not responsible for such external sites and does not own, operate, sponsor, or endorse and is not responsible or liable for any content, quality, suitability, functionality, legality, advertising, products, or other materials on or available from or through such sites or resources. You further acknowledge and agree that Luminosa is not liable to You for any damage or loss caused or alleged to be caused by or in connection with Your access to, use of or reliance on any such content, goods or services available on or through any such site or resource.
Site Conduct:
This Site is intended to be used for lawful purposes only. You agree not to use this Site, or to upload any message or e-mail that is unlawful, harmful, harassing, libelous, defamatory, hateful, abusive, threatening, vulgar, obscene, profane, invasive of another's privacy, sexually oriented, pornographic, racially, ethnically or otherwise offensive, inaccurate, or objectionable material of any kind that would constitute a criminal offense, give rise to civil liability, harm minors in any way, or otherwise violate any applicable local, state, national, or international law or regulation or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" obscenity or profanity (e.g. "sh*t") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in Your message or e-mail. You acknowledge and agree not to upload, e-mail or transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person. You acknowledge and agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your identity, or affiliation with a person or entity whether actual or fictitious, including impersonating an employee, consultant, or representative of Luminosa. You acknowledge and agree not to upload, e-mail, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation. You acknowledge and agree not to use this Site to upload, e-mail, or transmit any material that contains 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 acknowledge and agree not to intentionally, recklessly or negligently violate any applicable local, state, national, or international law as it relates to this Site or Your use of it. Luminosa will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate these Terms of Use.
Privacy Policy: When You visit this Site, You may be required to provide "Personally Identifiable Information". Any information provided by You or aggregate information gathered by Luminosa shall be subject to the terms of the Privacy Policy, which is incorporated herein by this reference. See our Privacy Policy for more information.
Disclaimer of Warranties:
YOU UNDERSTAND AND AGREE THAT USE OF THIS SITE OR SERVICES AVAILABLE THROUGH IT IS WHOLLY AT YOUR OWN RISK. THIS SITE AND ANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LUMINOSA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT, OR COMPATIBILITY WITH YOUR COMPUTER SYSTEM. LUMINOSA MAKES NO WARRANTY THAT (i) THIS SITE OR ANY SERVICE AVAILABLE THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OR CONTENT WILL BE CORRECTED OR CORRECTABLE. LUMINOSA IS NOT LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification:
You understand and agree to indemnify and hold Luminosa and its affiliates, successors, assigns, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to our arising out of Your use of this Site violation of these Terms of Use by You, or infringement by You, or any user of Your account with this Site, of any intellectual property or other right of any person or entity. No resale of Service: You understand and agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of this Site use of this Site or access to this Site. Arbitration of Disputes:
By entering this Site, You consent and submit to these Terms of Use and any controversy or claim shall be settled by binding arbitration before a single arbitrator in the County of San Diego in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered in any state or federal court having jurisdiction thereof. The fee of the arbitrator shall be borne by the parties in accordance with the Rules of the American Arbitration Association and, insofar as may be feasible, the parties shall designate an experienced arbitrator who is knowledgeable in the type of commercial circumstances contemplated by this Terms of Use. The Terms of Use constitute the entire agreement and understanding between You and Luminosa and govern Your use of this Site, and supercedes any prior agreements between You and Luminosa. The failure of Luminosa to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the intent of the Terms of Use shall remain in full force and effect.