Terms

By using this website, you are agreeing to the following Terms of Use Agreement (“Agreement”) by which ILUXIAM (also referred to as We, The or Our Website) and Eslinger Ultramedia offer you limited and revocable access to our services and website(s). Please review the entire Agreement carefully.

This Agreement applies to all uses of any website owned and operated by Daniel Eslinger/Eslinger Ultramedia including, but not limited to, reading and/or commenting, posting of information, participating in chat rooms or in threaded discussions, using e-mail or other features offered on our (ILUXIAM) website. ILUXIAM may restrict, suspend, or revoke your registration or ability to access or use this site or any other website privately owned, or ran by Eslinger Ultramedia and/or Daniel Eslinger, with or without prior notice, if you violate the Agreement.

If you do not agree to the Terms put forth in this agreement, you are prohibited from accessing, using the services we provide, or products we sell.
Disclosure

While this site seeks to provide only honest information, it is done as our opinion and/or the opinion of our advertisers, sponsors etc.  At times, we receive payment by companies and/or individuals.  This content is not the majority of the content we provide.  

1. General
We (ILUXIAM) reserve the right to change this Agreement at any time at our sole discretion. You should check this website from time to time to review the most current published Agreement as it is binding on you as a visitor and active participant. Your continued use of the Site constitutes your acceptance of the terms of this Agreement.

Prior to the purchase of any service or product from this website, you hereby represent and warrant that you are at least eighteen (18) years of age, and of the legal capacity to make financial decisions, and other decisions needed to do so, as well as to view the internet transmissions on this site.

2. Applicable Laws
You are required to comply with all applicable laws in connection with your access to and use of the website, and such further limitations as may be set forth in any notice (including both written and online notices) from ILUXIAM, and/or Eslinger Ultramedia. As a condition of your access and use of this website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by the Agreement. Use of the site is for your use as described in the Agreement, and We do not grant you any express or implied right to access or use this website for any other purposes.

3. Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on this website (collectively, the website “Content”), and the selection, coordination, and arrangement of such Content, are owned by or curated by ILUXIAM, Daniel Eslinger, any third-party licensors, credited third-party sources etc. to the full extent permitted under the United States Copyright Act and all international copyright laws. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content and comply with the United States Copyright Act and all international copyright laws. Any reproduction, copying, modifying, redistributing, displaying, performing, or transmitting of the Content for commercial purposes is strictly prohibited without our prior written consent. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Daniel Eslinger is prohibited.

4. Privacy
Your use of this website and our services will be governed exclusively by this Agreement and any amendments we may make at our own discretion. By visiting our website and/or using our services, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in this Agreement.

5. Registration
If any place on the Site asks you to register, you agree to provide accurate, current, and complete information about yourself as prompted in the registration form, and to maintain and promptly update this information. We reserve the right to suspend or terminate your account, the services we provide and refuse any and all current or future use of its service if it suspects that such information is inaccurate or incomplete.

6. Security
You are responsible for maintaining the confidentiality of any password and username you are given or that you select to access this website, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Eslinger Ultramedia via our published information on this website if you become aware of any unauthorized use of your password or username or any other breach of security.

7. User Content and Communications
This website may offer features, now or in the future, that allow users to post content and communicate with others. To the extent that you add, upload, transmit, post, communicate, or store any content on the website or otherwise submit any content for use by ILUXIAM and/or Eslinger Ultramedia (collectively “User Submissions’), you are solely responsible for all of the information, statements, facts, and material contained in such submissions. You are also solely responsible for your reliance on any communications or information found on this website. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In connection with any such User Submissions, you agree not to transmit, distribute, post, communicate, or store information or other material on, to, or through the Site that:

(a) is copyrighted, unless you are the copyright owner;

(b) infringes on intellectual property rights of others or on the privacy or publicity rights of others;

(c) reveals a trade secret, unless you own it;

(d) contains falsehoods or misrepresentations that could damage ILUXIAM, Eslinger Ultramedia, Daniel Eslinger (our successors and assigns) or any third party;

(e) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by this website, it's owners in our sole discretion;

(f) is illegal or otherwise deemed objectionable by us;

(g) includes, promotes, or refers to chain letters or pyramid schemes or to surveys and contests that are not sponsored by ILUXIAM, Eslinger Ultramedia, any of our other websites, business or personal entities.

You understand that Eslinger Ultramedia does not guarantee that we will publish or maintain your User Submissions on our website(s). ILUXIAM may remove, reject, review, or revise User Submissions at any time, without prior notice and at its sole discretion. ILUXIAM does not guarantee any confidentiality with respect to any User Submissions that you choose to add, upload, transmit, post, communicate, or store on the Site or that ILUXIAM and or Daniel Eslinger otherwise may receive from you.

ILUXIAM does not claim sole ownership of User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on our website or by otherwise submitting such User Submissions to us, you agree to and hereby grant ILUXIAM and Daniel Eslinger (its successors and assigns), and the operators of the website, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, and sub-licensable license and right (including any moral rights) to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, translate, and display such User Submissions on or in connection with the website and for such other purposes as ILUXIAM (its successors and assigns) may deem appropriate, in all technological or media formats and channels now known or later developed. No compensation will be paid with respect to the use of your posting. ILUXIAM and Eslinger Ultramedia is free to use any ideas, concepts, know-how, or techniques contained in any communication to our website(s) for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. You also hereby grant each user of the website a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions if we do not prohibit the use thereof.

8. Prohibited Uses Generally
By using this website, you agree not to:
(a) use any incomplete, false, or inaccurate biographical information or other information or allow any other person or entity to use your identification information for purposes of registering as a user of the website, or for purposes of registering for any promotions, contests or surveys offered through the website;

(b) delete or revise any material or other information of any other user, ILUXIAM, Eslinger Ultramedia, any of our personal or professional entities or any third party;

(c) harvest or otherwise collect information about others, including e-mail addresses, without their written consent as well as the written consent of ILUXIAM or Eslinger Ultramedia;

(d) take any action that imposes an unreasonable or disproportionately large load on the website’s infrastructure;

(e) use any device, software, or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website or other forms of our business;

(f) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the website other than the search engine and search agents available on the website and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer, Firefox, etc.);

(g) attempt to decipher, de-compile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the website;

(h) post advertisements or solicitations of business other than those explicitly approved by ILUXIAM and/or Eslinger Ultramedia;

(i) solicit ILUXIAM users and others to join or make purchases from outside sites or online services or organizations;

(j) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges; or

(k) engage in any other conduct that restricts or inhibits any other person from using or enjoying the website, our services, or which, in the judgment of us, exposes ILUXIAM and/or Eslinger Ultramedia or any of our customers, advertisers or suppliers to any liability or detriment of any type.

You further agree not to violate or attempt to violate the security of this website, including, without limitation:

(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;

(b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the website;

(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or

(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. In accordance with the Agreement, ILUXIAM and/or Eslinger Ultramedia may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

9. Third-Party Advertisements, Content, and Links
The Site may contain advertisements for or information about third-party products and services (“Third-Party Materials”), as well as third-party owned content and links to other websites ("Linked Sites"). ILUXIAM and/or Eslinger Ultramedia, and Daniel Eslinger do not endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Materials or Linked Sites, and may not be held liable for any Third-Party Materials or Linked Sites advertised, promoted, or otherwise referred to on this Website. In addition, Third-Party Materials and Linked Sites are not under the control of this website, and we are not responsible for the content or privacy practices of those third parties or the Linked Sites, including, without limitation, links contained on Linked Sites, or any changes or updates to Linked Sites. ILUXIAM and/or Eslinger Ultramedia may provide Third-Party Materials and Linked Sites to you as a convenience and for entertainment purposes, and their inclusion in our sites is not an endorsement by ILUXIAM and/or Eslinger Ultramedia in favor of any third party or any third-party products or services.

If you choose to contact, purchase any products or services from, or otherwise engage with a third party, your relationship is directly with the third party. ILUXIAM, Eslinger Ultramedia and Daniel Eslinger have no control over and make no representations or warranties with respect to any Third-Party Materials or Linked Sites, including any of the items advertised on this website. We do not control or guarantee the safety, quality, integrity, or accuracy of any advertisements on the website or of any of the items advertised; the rights and ability of sellers to advertise or sell items; the rights and ability of buyers to purchase items; or anything else related to any transaction between buyer and seller with respect to materials advertised or promoted on the website. ILUXIAM and/or Eslinger Ultramedia is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

10. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on any of our websites in a way that constitutes copyright infringement, you agree to provide us, via our published Contact Information, with the following information:


(a) identification of the copyrighted work claimed to have been infringed;

(b) identification of the allegedly infringing material on the website that is requested to be removed;

(c) your name, address and daytime telephone number, and an e-mail address (if available), so that we may contact you if necessary;

(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

We will remove any content which infringes upon the copyright of any person and/or business under the laws of the United States upon receipt of such a statement. Please be advised that U.S. law does provide significant penalties for submitting such a statement falsely.

11. Hyperlinking
Unless you are subsequently advised otherwise by us, you are hereby licensed to create hyperlinks to the content on the Website, provided the hyperlink accurately describes the content as it appears on the Website. We reserve the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you "frame" the Site or any of its content or copy portions of the Site to a server, except as part of an Internet Service Provider's incidental caching of pages. Each page within the website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within said site.

12. Disclaimer of Warranties
THE SITE IS PROVIDED "AS IS." ILUXIAM, ESLINGER ULTRAMEDIA AND  DANIEL ESLINGER MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT OR SERVICES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ILUXIAM AND/OR ESLINGER ULTRAMEDIA OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

13. Limitation of Liability
IN NO EVENT WILL ILUXIAM ESLINGER ULTRAMEDIA, DANIEL ESLINGER OR ITS AFFILIATES, or any party involved in creating, producing, or delivering the website be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use this website or any linked sites, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. We reserve the right to alter the content of this website in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, YOU RELEASE ILUXIAM, ESLINGER ULTRAMEDIA, DANIEL ESLINGER FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

Total financial damages if proven in a court of law, shall not supersede your total financial expenditure.    

YOU UNDERSTAND THAT WE DO NOT GUARANTEE THAT WE WILL CONTINUE TO MAKE THE SITE OR OUR SERVICES AVAILABLE TO YOU, WHETHER BY THE SAME METHODS CURRENTLY USED OR OTHERWISE. WE RESERVE THE RIGHT TO DISCONTINUE PROVIDING THE SITE TO YOU AT ANY TIME. YOU AGREE NOT TO HOLD US LIABLE FOR ANY DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SITE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if ILUXIAM, Eslinger Ultramedia and Daniel Eslinger have been advised of the possibility of such damage.

14. Indemnification
You agree to defend, indemnify, and hold harmless ILUXIAM, Eslinger Ultramedia, Daniel Eslinger and third parties who contribute to the site from any loss, damage, or cost (including attorneys’ fees) resulting from your violation of the Agreement.

15. Severability and Integration
Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and our company and governs your use of this website, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ILUXIAM and/or Eslinger Ultramedia. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of ILUXIAM and/or Eslinger Ultramedia, and Daniel Eslinger, and the remaining portions shall remain in full force and effect.

16. No Waiver
Our (ILUXIAM and/or Eslinger Ultramedia) failure of to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.

17. Termination
ILUXIAM and/or Eslinger Ultramedia reserves the right, in its sole discretion, to terminate your access to all or part of this website and/or any of our website and social media channels, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.

18. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ILUXIAM, Eslinger Ultramedia and Daniel Eslinger, Eslinger Ultramedia as a result of this Agreement or your access to and use of the website.

A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Agreement is in derogation of ILUXIAM and/or Eslinger Ultramedia's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by us with respect to such use.