Welcome to IntercerTube.com, a service by Lucian Web ServiceThe following (Conditions of Use) apply to your use of the IntercerTube.com website (which we sometimes call the 'Website', 'IntercerTube', 'tube.intercer.net'), the services and products offered by Lucian Web Service and its affiliates and if you use the Website, or any part of it, you consent to and agree to abide by the Conditions of Use. Please read them carefully. In addition, when you use any current or future IntercerTube service (such as, Friends & Favorites, e-Cards, Auctions, and Honor System) or visit or purchase from any business affiliated with Lucian Web Service, whether or not included in the Website, you also will be subject to the conditions applicable to such service or business.
Lucian Web Service reserves the right, at its sole discretion, to change, add or remove portions of these Conditions of Use at any time. It is your responsibility to check these Conditions of Use each time before using the Website. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases or use of services by you will be subject to the terms and conditions of these Conditions of Use, which shall apply unless we post modified Conditions of Use and then shall be subject to such modified Conditions of Use. Provided you comply with the Conditions of Use, we grant you a personal, non-exclusive, non-transferable, non-sublicenseable, limited privilege to enter and use the Website.
PRIVACYWhile we take reasonable steps to safeguard and prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL Lucian Web Service OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER Lucian Web Service WAS GIVEN NOTICE THAT DAMAGES WERE POSSIBLE.
ELECTRONIC COMMUNICATIONSWhen you visit IntercerTube.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. To stop receiving marketing e-mails from us, send an e-mail to us at info@LucianWebService.com or follow the opt-out procedures set forth in those e-mails.
LICENSE AND SITE ACCESSLucian Web Service grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the prior express written consent of Lucian Web Service. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of Lucian Web Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lucian Web Service and our affiliates without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing Lucian Web Service's name or trademarks without the prior express written consent of Lucian Web Service. Any unauthorized use terminates the permission or license granted by Lucian Web Service through these Conditions of Use to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Lucian Web Service so long as the link does not portray Lucian Web Service, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Lucian Web Service logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNTIf you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Lucian Web Service immediately of any unauthorized use of your account or password, or any other breach of security of which you are aware. You may be held liable for losses incurred by Lucian Web Service or any other user of the Website due to someone else using your password or account. You may not use anyone else's password or account at any time. You may not attempt to gain unauthorized access to the Website. If you attempt to gain unauthorized access or assist others to make such attempts, your account will be terminated. Lucian Web Service does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Lucian Web Service only with involvement of a parent or guardian. Lucian Web Service and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
YOU AGREE THAT Lucian Web Service WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE WEBSITE. Lucian Web Service may, at any time, without prior notice to you and in its sole discretion, terminate your access to the Website and your account for any reason, including, but not limited to, the following reasons: gaining or attempting to gain unauthorized access to the Website or assisting others to do so; overcoming software security features limiting use of or protecting any of the Website's content; discontinuing or significantly modifying the Website or any of its services; violating the Conditions of Use; failing to pay for purchases; actual or suspected copyright infringement; operational difficulties; or upon request by law enforcement or other government agencies.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENTVisitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Lucian Web Service reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Lucian Web Service and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Lucian Web Service and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Lucian Web Service or its affiliates for all claims resulting from content you supply. Lucian Web Service has the right but not the obligation to monitor and edit or remove any activity or content. Lucian Web Service takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTSLucian Web Service and its affiliates respect the intellectual property of others. Pursuant to 17 U.S.C. 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Lucian Web Service Inc. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Lucian Web Service and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Lucian Web Service will terminate the infringing customer's account. Lucian Web Service may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. 512(c), Lucian Web Service has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your copyright has been infringed through the LA Idea.com website, please contact Lucian Web Service's Copyright Agent for notice of claims of copyright infringement on its site, who can be reached as follows:
Copyright Agent info@LucianWebService.com Any written notice describing the infringing activity must include the following information: * An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; * A description of the allegedly infringing work or material; * A description of where the allegedly infringing material is located on the site; * Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; * A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and * A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
INDEMNIFICATIONYou agree to indemnify and hold harmless Lucian Web Service and its parents, sister companies, subsidiaries, affiliates, service providers, other end users of the Website, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of these Conditions of Use, or your violation of any law, regulation or third-party right.
APPLICABLE LAW AND DISPUTESBy visiting Lucian Web Service, you agree that the laws of the province of BC, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Lucian Web Service or its affiliates. Any dispute relating in any way to your visit to Lucian Web Service or to products you purchase through Lucian Web Service shall be submitted to confidential arbitration in Vancouver, BC, Canada, to the extent you have in any manner violated or threatened to violate Lucian Web Service's intellectual property rights, Lucian Web Service may seek injunctive or other appropriate relief in any provincial or federal court in the province of BC, Canada, and you consent to the exclusive jurisdiction of the state and federal courts sitting in Vancouver, BC, Canada. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Law. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
ADDITIONAL TERMSNo delay or failure to take action under these Conditions of Use shall constitute any waiver by Lucian Web Service of any provision of these Conditions of Use. If any provision is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Conditions of Use will continue in full force and effect. These Conditions of Use will bind and inure to the benefit of Lucian Web Service's permitted successors and assigns. These Conditions of Use are personal to you and may not be transferred, assigned or delegated to anyone, and any attempt by you to assign, transfer or delegate these Conditions of Use shall be null and void. Lucian Web Service may freely assign these Conditions of Use without consent or notice. These Conditions of Use (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between Lucian Web Service and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Privacy NoticeAt Lucian Web Service, we respect our customers and understand that you are concerned about privacy, so we have instituted policies intended to protect that your personal information and handle it safely and responsibly. We also have posted this Privacy Notice to let you know what kind of information we collect, how it is handled, with whom it may be shared, what choices you have regarding our use of your information and how you may access some of the data you provide to us. By visiting Lucian Web Service, you are accepting the practices described in this Privacy Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the BC, Canada. If you have any concern about privacy at Lucian Web Service or if you have any questions about this policy you can contact us at info@LucianWebService.com. The Information We Collect Lucian Web Service collects and stores personal information in several ways at different parts of our site. This information may include your name, e-mail address, age, gender, address, telephone number, [User ID], password, [interests and preferences], and other self-identifying information that you may enter anywhere on the Website. This allows us to keep a user profile so that we may customize preferences for each specific user, as well as provide a faster method for users to submit information to Lucian Web Service, and receive from us the information, service, or products requested.
Lucian Web Service may also request certain information using online order forms for products and services. On the order forms, we collect contact information, demographic information, delivery address, method of payment and, if applicable, a credit or debit card number and information relevant to credit card billing, such as the billing address. We may also collect information about you in surveys or for sweepstakes and contests on our site and information about the searches you perform and the pages you visit on our site. Lucian Web Service may also monitor, on an anonymous aggregate basis, patterns of use in connection with e-mails that it sends out, including which links are clicked on in our e-mail communications, so that we may use such information to better personalize the content of our site and our mailings for our users. We collect certain types of information through "cookies" when your web browser accesses our Website. We also compare our customer list to lists received from other companies. Additionally, we might receive information about you from other sources and add it to our account information. We may also automatically collect your Internet Protocol address to help diagnose problems, to deal with Website, data and account security issues and for system administration. All such information will be protected in accordance with this Privacy Notice.
We reserve the right to disclose your personal information if such action is necessary (a) to conform to the requirements of applicable law or to comply with legal process or a subpoena served on Lucian Web Service, (b) to protect and defend the legal rights or property of Lucian Web Service, our site, or its users, or (c) in an emergency, to protect the health and safety of its users or the general public. This includes exchanging information with other entities, including government agencies, where applicable, for fraud protection and credit risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in contravention of this Privacy Notice.
If we share your personal information with third parties other than as described in this Privacy Notice, we will provide you with notice and you will have an opportunity to choose not to share the information.
How We Protect Your Personal InformationFor all our transactions, Lucian Web Service employs reasonable and current Internet security methods and technologies. Where appropriate, we use password protection, encryption techniques and firewalls. We strive to protect your privacy and your personal information. We encourage our participating service providers to adopt and honor their own consumer privacy policies. For all our efforts to safeguard your privacy however, no system can be guaranteed. We cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. Once we receive your information, we use reasonable efforts to ensure its security on our systems. You Maintain Your Information As part of your use of our site, you are responsible for maintaining and updating, as applicable, your "Your Account" information with current, accurate and complete information. You may view, update and/or edit the information you have provided to Lucian Web Service by logging in to your account and following the appropriate instructions.
Children's PrivacyYou must be at least 18 years old to have our permission to use this site. We do not knowingly collect, use or disclose personally identifiable information about visitors under 14 years of age. If you are the parent or guardian of a child under 14 years of age and believe that they have disclosed personally identifiable information to us, please contact us at info@LucianWebService.com so that we may delete the child's information.
Further, you may also set your browser so that it will not accept cookies to prevent assignment from the ad server of a unique identifier; however, you may experience difficulty shopping on our site and performing other transactions if you do so.
Changes To This Privacy NoticeLucian Web Service reserves the right to change or modify this Privacy Notice in its discretion at any time without notice to the users of our site, except that Lucian Web Service will post the changed or modified Privacy Notice on our site as soon as practicable as such changes or modifications are implemented so that you will always know what information we gather, how we might use that information and to whom we will disclose it. Any changes to this Privacy Notice will become effective immediately upon being posted unless we tell you otherwise. January 2010