Legal Terms of Use
TERMS AND CONDITIONS OF USE FOR LUCID IMAGINATION, INC. WEB SITE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE LUCID IMAGINATION WEB SITE AND THE SERVICES AVAILABLE ON THIS WEB SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND LUCID IMAGINATION, INC. (“WE” “US” OR “LUCID IMAGINATION”) AND GOVERN YOUR ACCESS TO AND USE OF THE LUCID IMAGINATION WEB SITE LOCATED AT: LUCIDIMAGINATION.COM (THE “SITE”). YOUR USE OF LUCID IMAGINATION’S SITE AND THE RELATED SERVICES ARE SUBJECT TO THESE TERMS. BY USING THE SITE, OR THE SERVICES PROVIDED THEREON, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE AND/OR THE SERVICES.
LUCID IMAGINATION MAY, IN ITS SOLE DISCRETION, MAKE CHANGES TO THE SITE, SERVICES OFFERED ON THE SITE, AND THESE TERMS AT ANY TIME. LUCID IMAGINATION WILL POST NOTICE OF THE CHANGES AND THE UPDATED TERMS ON THE SITE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES. THEREFORE, YOU SHOULD CHECK THE TERMS POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.
1. Agreement to Terms. As long as you comply with these Terms, Lucid Imagination grants you a personal, non-exclusive, non-transferable, limited privilege to use the Site.
2. Purposes of this Site.
2.1 To Provide Information about Lucid Imagination. Click here to visit the home page.
2.2 To Allow Customers and Others to Post Comments about Lucid Imagination Products and Services. This Site is the appropriate website to discuss and make comments and suggestions for Lucid Imagination products and services but not to discuss and make comments and suggestions about Lucene/Solr technology in general. Therefore, please do not post any comments and suggestions about Lucene/Solr technology in general to this Site. You agree that Lucid Imagination has the right to use any information, comments, ideas and/or suggestions that you post to any area of the Site or include in any e-mail to Lucid Imagination for any purpose and on an unrestricted basisPlease see the Postings and Submissions section below for rights and restrictions applicable to Postings and Submissions (as defined below).
3. Content; Software Licenses.
3.1 Content.
Lucid Imagination provides content and other services through the Site. Information, documents, products and services provided on and through the Site, including content, trademarks, logos, graphics and images that are not Submissions or Postings (together, the “Materials”) is owned, controlled, or licensed by or to Lucid Imaginationand is protected by copyright, trade dress, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
3.2 Software Licenses.
In addition, Lucid Imagination may make software products available to you on the Site for download (the “Software”) and may provide related services thereto (the “Services”). Your use of the Software is governed either by the Apache License, Version 2.0 , or by the terms of the Creative Commons license (http://creativecommons.org/licenses/by-nc-nd/3.0/us/legalcode) as applicable. Applicable licenses accompany the Software prior to downloading.
4. Password Restricted Areas of the Site.
You will need a password to login to the Site and use certain functions and areas within the Site (“Restricted Areas”). You may obtain the password when you first log in. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Lucid Imagination if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify Lucid Imagination of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other members’ contact information gathered from Restricted Areas of the Site for commercial purposes and agree not to provide any other member’s contact information to any third party that is not a registered member of Lucid Imagination’s Restricted Area.
5. Purchases.
You acknowledge that Lucid Imagination reserves the right to institute charges for certain Services and to change its fees and/or fee structures from time to time in its discretion. Lucid Imagination shall post notice of such changes on the Site. You agree that your continued use of all or part of the Site will be subject to your agreement to pay any applicable fees.
6. Privacy.
Lucid Imagination’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms by this reference. To view Lucid Imagination’s Privacy Policy, click here.
7. Third Party Content and Links.
7.1 Third Party Content
This Site contains information and content that may be provided by third party licensors and suppliers to Lucid Imagination (“Third Party Content”). The Third Party Content is, in each case, owned, controlled or licensed by or to the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your personal or business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), distribute, edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. LUCID IMAGINATION DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.2 Links to Third Party Sites.
This Site may be linked to other sites that are not Lucid Imagination sites. Lucid Imagination is providing these links to you only as a convenience, and Lucid Imagination is not responsible for the content or links displayed on such sites.
8. Postings and Submissions.
8.1. Postings – You acknowledge that you are responsible for the information and material that you post to the Site (each, a “Posting”) through comments and posting areas, and that you, and not Lucid Imagination, will have full responsibility for such Posting(s), including its legality, reliability, appropriateness, originality and copyright. Lucid Imagination does not claim any ownership rights in any Posting(s) that you submit, post, or display on or through the Site. AFTER SUBMITTING, POSTING OR DISPLAYING A POSTING ON OR THROUGH THE SITE, YOU CONTINUE TO RETAIN ALL OWNERSHIP RIGHTS IN SUCH POSTING. You agree that any Posting you post at this Site shall be deemed to be non-confidential and non-proprietary to you. You agree that Lucid Imagination shall be free to use or disseminate Posting(s) on an unrestricted basis for any purpose and if you submit information to the Site, you grant Lucid Imagination a worldwide, non-exclusive (meaning you are free to license the content of your Posting to anyone else in addition to Lucid Imagination), fully-paid and royalty-free (meaning that Lucid Imagination is not required to pay you for the use on the Site of the content of the Posting that you post), and sublicensable (so that Lucid Imagination is able to, among other things, share its rights with its affiliates and subcontractors such as Internet content delivery networks [I didn’t understand what you were getting at here so I improvised.), right and license to link to, utilize, use, copy, exploit, and prepare derivative works of the Posting. Lucid Imagination agrees to use any personally identifiable information included in your Posting in accordance with Lucid Imagination’s Privacy Policy.
8.2. Submissions – Notwithstanding the foregoing terms relating to your Posting(s), to the extent that you submit to Lucid Imagination any ideas, content, suggestions, information or feedback concerning the Materials and/or Services, including, but not limited to, content that you submit via e-mail, a comment or through a Posting (each, a “Submission”), such Submissions will be the sole and exclusive property of Lucid Imagination. You hereby assign, transfer and convey to Lucid Imagination, its successors, assigns, agents, and licensees, all worldwide right, title and interest in and to all intellectual property rights in the Submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, all contract and licensing rights, and all claims and causes of action with respect to any of the foregoing, whether now known or hereafter to become known. You represent and warrant that (i) you are the sole owner of any intellectual property rights in the Submissions you provide to Lucid Imagination; (ii) you have the full and exclusive right to convey the entire interest in and to the Submissions; and (iii) to the best of your knowledge, the Submissions do not infringe any copyright, trade secret, patent or other intellectual property right. You covenant and agree to cooperate with Lucid Imagination to enable Lucid Imagination to obtain, sustain, enforce and enjoy to the fullest extent all right, title and interest herein conveyed.
8.3. Posting Etiquette.
Lucid Imagination asks that you respect our on-line community and other individuals. When submitting Postings to or otherwise using the Site and/or the Services, you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Impersonate or represent Lucid Imagination, our staff or other industry professionals.
- Solicit a member’s password or other account information.
- Harvest user names, addresses, or email addresses for any purpose other than to conduct Lucid Imagination business.
- Use racially, ethnically, or otherwise offensive language.
- Incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
This list of prohibitions provides examples and is not complete or exclusive. Lucid Imagination reserves the right to (a) terminate your access to your account, your ability to post to this Site (or receive the Services) and (b) refuse, delete or remove any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Lucid Imagination determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services. Lucid Imagination may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Lucid Imagination’s discretion, Lucid Imagination will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. These prohibitions do not require Lucid Imagination to monitor, police or remove any Postings or other information submitted by you or any other user.
8.4 Unauthorized Activities.
Postings and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You shall indemnify and hold Lucid Imagination and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) Lucid Imagination or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
9. Proprietary Rights.
9.1 Trademarks and Copyright Notices. Lucid Imagination is a trademark of Lucid Imagination in the United States. All other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified, all information and screens appearing on this Site, including documents, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Lucid Imagination, Copyright © 2007-2009 Lucid Imagination, Inc. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. 9.2 Copyright and Trademark Infringements. Notification: Lucid Imagination respects the intellectual property rights of others, and we ask you to do the same. Lucid Imagination may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Lucid Imagination’s designated agent the following information: Lucid Imagination’s agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:By mail: Lucid Imagination, Inc.,3800 Bridge Parkway, Suite 101, Redwood City, CA 94065 By e-mail: legal@Lucidimagination.com Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. 10. Disclaimer of Warranties. Your use of this Site and any Services is at your own risk. Neither the Materials, Postings nor the Third Party Content have been verified or authenticated in whole or in part by Lucid Imagination, and they may include inaccuracies or typographical errors. Lucid Imagination does not warrant the accuracy of timeliness of the Materials, Postings or the Third Party Content contained on this Site. Lucid Imagination has no liability for any errors or omissions in the Materials, Postings and/or the Third Party Content, whether provided by Lucid Imagination or our licensors. LUCID IMAGINATION, FOR ITSELF AND ITS LICENSORS AND CONTRIBUTORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICES OR ANY MATERIALS, POSTINGS OR THIRD PARTY CONTENT OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, POSTINGS AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICES, MATERIALS, POSTINGS, THIRD PARTY CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LUCID IMAGINATION DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. 11. Limitation of Liability; Waiver of Consequential Damages. LUCID IMAGINATION AND ITS LICENSORS AND CONTRIBUTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL, POSTINGS OR THIRD PARTY CONTENT ON THE SITE OR YOUR USE OR INABILITY TO USE THE SITE OR SERVICES. IN NO EVENT SHALL LUCID IMAGINATION OR ITS LICENSORS AND CONTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF LUCID IMAGINATION KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. [We need to check your upstream licenses from any requirements on limits of liability for licensors] 12. Limitation on Damages. IN NO EVENT SHALL LUCID IMAGINATION’S AGGREGATE LIABILITY FOR DAMAGES ARISING OUT OF OR RELATED TO THIS SITE EXCEED FIVE HUNDRED DOLLARS (USD $500). 13. Termination. Lucid Imagination prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by Lucid Imagination, will result in termination of your access to the Site or Restricted Areas. Lucid Imagination has the right to terminate any password-restricted account for any reason. Lucid Imagination will provide you with notice of the termination of your account. Ten Sections of these Terms governing the proprietary rights, disclaimer of warranties, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. 14. General. 14.1 Local Laws. Lucid Imagination controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws. 14.2 Governing Law. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the state and federal courts located in the State of California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. 14.3 Miscellaneous. Lucid Imagination’s failure to enforce any of these Terms is not a waiver of such term. If any of the provisions of these Terms are held by a court to be void or unenforceable, such provisions shall be replaced with provisions that best embody the intent of these Terms, so that these Terms remain in full force and effect. The Terms are the entire agreement between you and Lucid Imagination and supersede all prior or contemporaneous negotiations, discussions or agreements, written or oral, between you and Lucid Imagination about the Site. Last updated on May 7, 2009.
DevZone
Latest Blog Post
Lucene Revolution 2012, held in Boston on May 7-10 was a huge success. The four-day conference began with two days of Lucene/Solr and Big Data training followed by two days of...