Artist’s Terms of Use

Lexi Devices, Inc. (“Lexi”) provides you the Lexi Products, Lexi Software Platform, Lexi Website, Light Artist Tools, Lexi Marketplace and Lexi Artist Account (collectively the “Lexi Artist Tool Kit”) to develop your own Light Art Creatives (“Creatives”) under the following Terms of Use. These Terms of Use apply to all users of the Light Artist Section of the Lexi Website, including users who contribute information, ideas, and other materials or services on the Website.

By using the Lexi Artist Took Kit you are agreeing to these terms and our Privacy Policy, which is incorporated by reference, and you further acknowledge that you have read all of its terms, and that you understand and agree to be bound by these terms:

We grant you a limited, revocable, non-transferable, non-exclusive (without the right to sublicense) right to access and use the Lexi Artist Tool Kit and to sell your Creatives in the Lexi Marketplace solely to create a Light Art that operates with Lexi.

You will use your Lexi Artist Account to access documentation on artists.lexilights.io and will not share the account details or any information accessed via your account relating to the Lexi Artist Tool Kit or services related thereto with a third party and keep all such information confidential.

Some of the Lexi Artist Took Kit may contain open source which are governed by applicable open source license conditions and you agree to abide by such license conditions.

It may happen that working on a Creative suggests an idea to you for an improvement or change in the Lexi Artist Took Kit (“Feedback”). If you provide any Feedback to us, we will own all rights (including intellectual property rights) therein and are entitled to use the Feedback free of charge, worldwide, without any condition or restriction, in our sole discretion and in perpetuity as of the date of receipt of such Feedback and you will take necessary actions reasonably required to transfer such rights to us. You will make no claims in this respect and ensure that no third party makes any claims to us.

Intellectual Property Infringement

Lexi respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with the Lexi Artist Tool Kit, including if you access Lexi services via a Third Party Platform (defined below), you may not post any Creatives that contains copyrighted material belonging to others, or any material that infringes another intellectual property right of others, without obtaining their prior written consent. Lexi reserves the right, in its discretion, to remove or reject any Creatives if we believe it may infringe any right of a third party, and/or to terminate the account of any user that we reasonably believe may be infringing our or any third party’s rights.

If you believe that any Creatives infringes your copyright or other intellectual property right, then you may send to us a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the US Copyright Act to confirm these requirements with respect to copyright claims):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of any copyrighted work claimed to have been infringed.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (including URLs to access the material).

4. Information reasonably sufficient to permit us to contact you about your complaint, such as an address, telephone number, and, if available, an email address.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law.

6.A statement, sworn 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 an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

Lexi Intellectual Property Complaints

2120 University Ave

Berkeley, CA

93704

Email: legal@lexilights.io

Please also note that, under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Intellectual Property and Ownership

The artist retains full copyright in the Creatives.. Lexi does not take any ownership or license of your Creatives. The customer may not distribute or otherwise profit from the Creatives. The customer may not edit or alter the Creatives without the artist’s express, written permission.

Because Lexi is merely facilitating the transaction between the artist and the customer and will not take any ownership or license to the commissioned artwork, Lexi will be unable to enforce these provisions. Consequently, any dispute between the artist and a customer regarding the intellectual property of the Creatives must be resolved exclusively between the artist and the customer.

Use of Lexi’s Art Review System

Customers can leave a review of Creatives they have purchased through the Lexi Marketplace. Lexi reserves the right to delete any review from a customer which violates these Terms of Use.

Lexi reserves the right to remove any customer reviews that are determined, in Lexi’s sole discretion, to be offensive, abusive, or otherwise in bad faith or in violation of these Terms of Use.

Manipulation of reviews is strictly prohibited on the Lexi Marketplace. Lexi considers review manipulation to be any actions taken by an artist to cause the creation of a positive review whether by creating additional user accounts or causing your friends, family or other acquaintances to provide positive reviews. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the customer. Lexi reserves the right to remove any review which it suspects has been posted as a result of such manipulation.

If Lexi determines that there is a pattern of manipulation or abuse by either customer or artist, we reserve the right to revoke access to the Lexi Marketplace.

Enforcement

We may consider the artist’s and/or customer’s history with Lexi as well as the applicable specific circumstances in applying our policies and these Terms of Use. We may choose to waive policies or terms where we believe doing so benefits both artists and customers.

Promotion

You agree that we may, in our sole discretion, use your Lexi Screen Name, Creative or images or video from your Creatives in Lexi marketing materials, Pubic Relations or Promotions.

If you receive our Lexi Artist Took Kit or any other information in relation to Lexi you cannot claim ownership or intellectual property rights in any improvements of or modification to that material.

You cannot make any Creatives that are obscene, not compliant with laws and regulations including without limitation privacy and security, offensive or discriminatory or that infringe someone else’s rights. Do not do anything (or permit others to do so) that could harm the Lexi Artist Took Kit or services related thereto, end user devices, and third party system or devices, eg. interfere with normal functioning of the foregoing or circumventing any security measures, etc.

You agree to indemnify and hold Lexi, our affiliates and their licensors harmless from and against any losses, damages, liability and/or claims (including but not limited to all direct and reasonable costs and expenses, reasonable attorney’s fees) arising out of or relating to your breach of these terms or applicable law.

LEXI ARTIST TOOL KIT, CONTENT OR ANY MATERIALS/INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LEXI, ITS AFFILIATES AND THEIR LICENSORS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES AND ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF ANY THIRD PARTY PROPRIETARY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS), OR AS TO THE OPERATION, PERFORMANCE, ACCURACY, COMPLETENESS, TIMELINESS, USEFULNESS, AVAILABILITY, RELIABILITY, OR SECURITY OF THE LEXI ARTIST TOOL KIT, CONTENT OR ANY OTHER INFORMATION RELATED THERETO OR ANY RESULTS OBTAINED FROM THE USE THEREOF OR THAT YOU ARE ABLE TO DEVELOP, MANUFACTURE, SELL OR OTHERWISE DISPOSE OF CREATIVES THAT USE THE LEXI ARTIST TOOL KIT OR RELATED CONTENT OR ANY MATERIALS/INFORMATION AND WITH REGARDS TO THE QUALITY OR PERFORMANCE OF SUCH PRODUCTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEXI, ITS AFFILIATES AND THEIR LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, SPECIAL, MULTIPLE OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION OR SIMILAR DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE LEXI ARTIST TOOL KIT OR FROM ANY SERVICES, MATERIALS, INPUTS OR INFORMATION PROVIDED UNDER THESE TERMS OR LEXI’S PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS, WHETHER OR NOT LEXI HAS BEEN ADVISED OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEXI, ITS AFFILIATES’ AND THEIR LICENSOR’S ENTIRE LIABILITY FOR ANY AND ALL DIRECT DAMAGES HOWEVER CAUSED ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO FIFTY DOLLARS. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, LEXI, ITS AFFILIATES’ AND THEIR LICENSOR’S SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS AVAILABLE AT LAW.

Please be polite and courteous to others on this site. If you are offensive to others or misuse Lexi or breach these terms or applicable law we may cancel your account, without notice and with immediate effect.

These terms may be amended by Lexi at any time. You are advised to regularly review these terms for any updates. If we make any modification to the Lexi Artist Tool Kit that affect the working of your Creatives, you agree to make corresponding changes to your Creatives to ensure continued use for your customers. By continuing to access or use the Lexi Artist Tool Kit, Lexi after such posting, you will be deemed to have accepted such amendments.

These terms are non-assignable. If any provision of these terms is held to be invalid, illegal or unenforceable for any reason by any court or other competent body then the remaining provisions shall remain in full force and effect.

These terms are governed and construed by the Law of the California without regard to conflicts of law provisions thereof. The competent court in the California shall have sole jurisdiction.

Please note that your use of the Lexi Artist Tool Kit is subject to these terms, which remain in full force and effect so long as you continue to use or access the foregoing or until terminated earlier in accordance with the provisions of these terms. Your obligations and Lexi’s rights will survive and continue to apply even after the termination of these terms for any reason.

Any provision of this Agreement that contemplates performance or observance subsequent to termination or expiration of this Agreement shall survive termination or expiration of this Agreement and continue in full force and effect.

For the creation of your Lexi Artist Account we may receive certain Personal Data from you. Processing of such Personal Data is described in the Lexi Privacy Policy which can be found at https://www.lexilights.io/privacy