Terms of Service

1. General information

The following terms and conditions ("Terms") govern all use of the LucidNight.com website and all content, services, and products available at or through the website, including, but not limited to, Lucid Night and it Services. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Lucid Night's Privacy Policy) and procedures that may be published from time to time by Lucid Night(collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Lucid Night, acceptance is expressly limited to these Terms. Use of our Services requires a LucidNight.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

2. Responsibility of Visitors

By operating our Services, Lucid Night does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Lucid Night disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.

3. Reporting Vulnerability

All found vulnerability must be email to webmaster@lucidnight.com. Please include as much detail about the found vulnerability as possible. You agree to not public disclose the vulnerability until Lucid Night have time to fix the vulnerability and have giving written permission.

4. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which LucidNight.com links, and that link to LucidNight.com. Lucid Night does not have any control over those non-LucidNight.com websites and is not responsible for their contents or their use. By linking to a non-LucidNight.com website, Lucid Night does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Lucid Night disclaims any responsibility for any harm resulting from your use of non-LucidNight.com websites and webpages.

5. Children

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 years. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

6. Copyright Infringement and DMCA Policy

As Lucid Night asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LucidNight.com violates your copyright, you are encouraged to notify Lucid Night by email webmaster@lucidnight.com. Lucid Night will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Lucid Night will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Lucid Night or others. In the case of such termination, Lucid Night will have no obligation to provide a refund of any amounts previously paid to Lucid Night.

7. Intellectual Property.

This Agreement does not transfer from Lucid Night to you any Lucid Night or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Lucid Night. Lucid Night, Lucid Night logo, and all other trademarks, service marks, graphics and logos used in connection with LucidNight.com or our Services, are trademarks or registered trademarks of Lucid Night or Lucid Night's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Lucid Night or third-party trademarks.

8. Creative Commons Sharealike License

This Terms of Services is available under the Creative Commons Sharealike license and parts was created by Automattic and can be found in GTI https://github.com/Automattic/legalmattic. You are welcome to copy it, adapt it, and repurpose it for your own use. Just make sure to revise the language so that your policy reflects your actual practices. Also, if you do use the Terms of Service and privacy policy we’d appreciate a credit and link to Lucid Night and/or Automattic somewhere on your site.

9. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

10. Termination

Lucid Night may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LucidNight.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties

Our Services are provided "as is." Lucid Night and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Lucid Night nor its suppliers and licensors, makes any warranty that our Services will be error free or that access there to will be continuous or uninterrupted. 🙈 🙉🙊 You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

12. Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Hillsborough County, Florida.

13. Limitation of Liability

In no event will Lucid Night, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Lucid Night under this Agreement during the twelve (12) month period prior to the cause of action. Lucid Night shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty

You represent and warrant that your use of our Services:

• Will be in strict accordance with this Agreement;
• Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
• Will not infringe or misappropriate the intellectual property rights of any third party.

15. US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Lucid Night reserves the right to terminate accounts or access of those in the event of a breach of this condition.

16. Indemnification

You agree to indemnify and hold harmless Lucid Night, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

17. Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

18. Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the services, please send an email to webmaster@lucidnight.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

19. Miscellaneous

This Agreement constitutes the entire agreement between Lucid Night and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Lucid Night, or by the posting by Lucid Night of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Lucid Night may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.