Terms Of Use
Effective: March 1, 2010
Site Terms and Conditions
All use of the Peerless Lighting for People® online web pages at the site lightingforpeople.com (“Site”), and any information and content included in the Site is subject to the terms and conditions set forth below. By submitting the information requested and by clicking the acceptance button that references these site terms and conditions (“Site Terms and Conditions”) when you register with the Site, and use the Site, you (collectively, “Site User,” “You” or “Your”) represent that You are 18 years old or older and You agree that You have read and agree to use the Site in accordance with these Site Terms and Conditions and the Privacy Policy, which is described in Section 4 below. You should not click the acceptance button or otherwise register as a Site User or attempt to access the Site if You are not willing to be bound by and abide by these Site Terms and Conditions.
Section 1: Site
This Site is owned by Acuity Brands Lighting, Inc. (“Acuity”), which includes the lighting-related business unit Peerless Lighting, among others. The Site allows you to post pictures, information and educational materials regarding lighting products, lighting projects, and related topics and submit designs in response to design contests sponsored on the Site (“Your Content”). The Site also contains information entered into the Site by employees and authorized representatives of Acuity (“Acuity Content”), and information entered into the Site by other persons (“Other Content”).
The ownership rights in Your Content, the Acuity Content and the Other Content are described below. Participation in the Site as a Site User does not provide You with any ownership right in this Site, except as expressly provided in these Site Terms and Conditions. Except as otherwise expressly provided herein, all intellectual property rights associated with this Site – including, without limitation, Site presentation, Site organization and structure, visuals and graphics; user navigation; programming; software code; any copyrighted, trademarked and patented information and processes – are retained and reserved by Acuity and are Acuity’s sole and exclusive property. The web log portion of this Site was created using WordPress software scripts. The GPL from the Free Software Foundation is the license that the WordPress software is provided under, and this GPL license governs the intellectual property rights associated with the web log portion of the Site.
Section 2: Your Content and Other Content
By posting Your Content on the Site, you are granting Acuity a non-exclusive, royalty-free, perpetual, and worldwide license to use Your Content, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content, and/or to incorporate it into a collective work in connection with the operation of the Site, in any of Acuity’s print or electronic publications, or otherwise.
You are responsible for Your Content entered into the Site. Acuity has no responsibility for Your Content or Other Content, including the content of any messages or information posted by You or others, or for the content of information any linked information, as described above. However, Acuity retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Your Content or Other Content which Acuity deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.
Section 3: Acuity Content License and Restrictions
The Acuity Content provided in the Site represents valuable proprietary and intellectual property of Acuity or its licensors. Such Acuity Content is protected by any and all applicable international, federal, and state laws, rules, orders and regulations relating to intellectual or proprietary property. You agree not to reproduce, distribute, display, revise, create derivatives of, copy, publish, sell, license, or edit any Acuity Content, except as expressly permitted in these Site Terms and Conditions. Acuity grants You the limited, nonassignable, nontransferable license to display and print a single copy of the Acuity Content in connection with Your access to the Site for Your own internal use so long as You maintain and abide by any trademark, copyright or other proprietary notices on the Acuity Content and that are provided in these Site Terms and Conditions. Other than as specifically directed and allowed on the Site, any attempt to download, or to print, publish or maintain a significant portion of Acuity Content from the Site, to distribute copies of such Acuity Content, to modify or reuse the Acuity Content or to otherwise exploit the Acuity Content in violation of the intellectual property or proprietary rights of Acuity or others is strictly prohibited by these Site Terms and Conditions. Except as expressly permitted in this Section, You shall have no right to use any brand, logo, trademark or other mark of Acuity or any Acuity subsidiary or business division, such as Peerless, without the express written permission of an authorized Acuity representative.
Section 4: Privacy Policy
The manner in which we collect and disseminate Your information is set forth in our Privacy Policy as updated from time to time and posted at http://www.peerless-lighting.com/privacy.aspx. Our Privacy Policy does not apply to other web sites and we can take no responsibility for the information collection or dissemination policies of third parties. Your use of the Site constitutes Your acceptance of our Privacy Policy, which is a condition to Your use of the Site, and You should not access the Site if You do not agree with the terms of our Privacy Policy.
Section 5: Use of the Site
Without serving as limitation, You agree to comply with all notices, instructions and rules posted on the Site. You agree not to use the Site for any unlawful purpose or in anyway that might harm, damage, or disparage any other party. Without limiting the preceding sentence and by way of example, You agree not to:
- Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral or otherwise objectionable material or information;
- Create a false identity, or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of any of Your Content or Other Content, including, but not limited to, forging headers or manipulating identifiers or providing misleading information to any feedback system employed through the Site;
- Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
- Interfere with or disrupt the Site, networks or servers connected to the Site or violate the regulations, policies or procedures of such networks or servers;
- Attempt to gain unauthorized access to the Site, logins and passwords of others, or computer systems and networks connected to the Site, through hacking, password mining or any other means;
- Permit anyone other than You to gain access to or use the Site, or Your logins and passwords;
- Upload, post or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post or otherwise transmit any content that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or confidential information learned from Your employer or under confidentiality agreements);
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise);
- Upload, post or otherwise transmit any material that is harmful to minors;
- Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations;
- Reverse engineer, decompile or disassemble the Site of any of the software that is a part of the Site;
- Interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site, any activities conducted on or through the Site or any servers or networks connected to the Site, or violate any measure employed to limit or prevent access to the Site or its content; or
- Take or attempt any action that, in the sole discretion of the Site imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site.
Section 6: Links to and/or from the Site
From time to time, the Site may contain links to third-party web sites not controlled by Acuity. Acuity provides such links as a convenience to you, and in no way endorses such third party sites. You acknowledge and agree that Acuity is not responsible for any aspect of the information or content contained on any third party sites accessible or linked to the Site. You agree not to “frame” or “mirror” any content or information contained on or accessible from the Site without the prior written approval of Acuity or its licensors, as may be appropriate.
Section 7: Logins and Passwords
As part of the registration process, You will be required to create a screen name and password (“Login and Password Information”) and provide Acuity with accurate, complete and updated registration information to use the Site. Failure to do so constitutes a breach of these Site Terms and Conditions, which may result in immediate termination of Your access. You are solely responsible for maintaining the privacy and security of the Login And Password Information and therefore You will be responsible for all actions on the Site that occur through the use of Your Login And Password Information until forty-eight (48) hours after You notify Acuity pursuant to the notice provisions hereunder, that such information must be changed or is continued. You agree to immediately notify Acuity by e-mail at notification@lightingforpeople of any potential breaches of secrecy of the Login And Password Information.
Section 8: Indemnity
You agree to indemnify and hold harmless Acuity, its directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to legal and accounting fees) arising from or resulting from all demands, lawsuits, claims, causes of action, and proceedings (“Claims”) arising from or in any way relating to each of the following: (i) Your use of the Site, (ii) content that You submit, post, or otherwise transmit to the Site, or that is submitted with the use of Your screen name or password, including without limitation via e-mail to Acuity, (iii) Your violation of these Site Terms and Conditions or (iv) Your misuse of the Site. Acuity shall notify You promptly of any such Claim and shall assist You, at Your sole expense, in defending any such Claim. Notwithstanding the foregoing, You shall keep Acuity informed of the progress of any such Claim, and You shall not have the authority to admit any liability on the part of Acuity in connection with any such Claim and shall not enter into a settlement or resolution which admits liability or fault on the part of Acuity or fails to release Acuity from all claims and liability. If You fail to act against such Claims as provided herein, or Acuity otherwise reasonably believes that its position is or will be compromised through Your defense of the Claim, Acuity shall have the right to take appropriate legal action and You shall pay all expenses actually and reasonably incurred in connection therewith.
Section 9: No Warranty
Acuity does not warrant that, and Acuity is not obligated to ensure that this Site will operate free from error, delay or downtime or that this Site or the information and content on this Site are free of computer viruses and other harmful codes. If Your use of the Site results in the need for servicing or replacing or recovering equipment, software or data, Acuity is not responsible for those costs. You agree that use of the Site is at Your own risk. The Site and all information, including the Acuity Content and Other Content, on the Site are provided on an “as is” basis without warranty of any kind. Except as otherwise expressed herein, to the fullest extent permitted by law, Acuity disclaims all warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability, noninfringement, quiet enjoyment, title, and fitness for particular purpose. Acuity makes no warranties about the accuracy, noninfringement, reliability, completeness, or timeliness of the content or information provided on the Site. Acuity makes no warranties that the Site will be error free, available at or for any specific time, available in any specific location or jurisdiction or that it will be free from viruses, trojan horses or other disruption or harmful elements.
Section 10: Limitation of Liability
You acknowledge and agree that in no event will Acuity, its officers, directors, shareholders, employees or agents be liable to You or any of Your employees, contractors or agents for any indirect, consequential, incidental, special, exemplary or punitive damages, or for any loss of profits, business, or revenue, or any loss of data, content or information, regardless of whether Acuity was advised of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability, products liability or otherwise. Direct damages related to use of the Site shall not exceed $100. As otherwise permitted by applicable law, You hereby waive any state law that limits or prohibits a general release of liability. Some states or jurisdictions do not allow the exclusion or limitation of certain damages or the disclaimer of certain warranties. The limitations and disclaimers provided in these Site Terms and Conditions are intended to apply to the fullest extent allowable under applicable law.
Section 11: Sanctions Procedures
Acuity shall be entitled to impose sanctions against You if You violate these Site Terms and Conditions or any of the published rules of the Site (“Sanction Event”). At Acuity’s sole determination and discretion, if the Sanction Event could cause damage to Acuity, other visitors of the Site, or any third party, Acuity may immediately and without notice suspend Your access to the Site.
Section 12: Release
In the event of any dispute arising between You and another Site visitor or visitors arising out of or related to Your use of the Site, You hereby release and hold harmless Acuity, its affiliates, partners, officers, employees and attorneys from any and all claims, damages or costs that may arise in connection with any claims, losses and damages of any kind (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute regardless of whether Acuity was advised of the possibility or likelihood of such damages or costs occurring, and whether such liability is based on contract, tort, warranty, negligence, strict liability products liability or otherwise.
Section 13: Termination
These Site Terms and Conditions will continue until terminated by either Acuity or You. You may terminate Your access rights to the Site at any time by discontinuing use of the Site and providing notice to Acuity. Acuity may discontinue or change the Site or terminate Your access and rights to the Site at any time for any or no reason. Upon termination of these Site Terms and Conditions, all Sections of these Site Terms and Conditions shall remain in full force and effect except for the Content License and Restrictions section and the Logins and Passwords section.
Section 14: Notices
All notices required to be given to Acuity hereunder shall be sent by certified mail to:
Acuity Brands Lighting, Inc.
Legal Department
1400 Lester Road
Conyers, Georgia 30012
All notices required to be given to You hereunder may be posted on the Site or delivered to the e-mail address You provided to Acuity at the time of registration, and as changed by You from time to time, and shall be effective upon posting and/or delivery, whichever occurs first.
Section 15: Governing Law and Jurisdiction
These Site Terms and Conditions shall be exclusively construed, governed and enforced under the laws of the U.S. and the State of Georgia (without regard to rules governing conflict of laws). You agree that the exclusive venue for all actions, relating in any manner to these Site Terms and Conditions or use of the Site, shall only be in a federal or state court of competent jurisdiction located in Fulton County, Georgia. You hereby consent and submit to the in personam jurisdiction of such courts, and to the extent permitted by law, hereby consent that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. You waive any objection based on forum non conveniens and waive any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. You agree that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.
Section 16: Force Majeure
Acuity shall not be liable for delay in any of its performance hereunder due to causes beyond its reasonable control, including but not limited to, an act of God, war, natural disaster, governmental regulations, communication or utility failures or casualties, or the failures or acts of third parties.
Section 17: Entire Agreement
These Site Terms and Conditions, the Privacy Policy, and any and all notices, guidelines, directions, instructions or directives posted on the Site from time to time, and all amendments, modifications, additions or changes to the foregoing constitute the entire agreement regarding Your use of the Site and supersedes all prior discussions and agreements, oral and written, between the parties relating thereto.
Section 18: Assignment
Except as otherwise provided therein, You may not assign its rights or obligations under these Site Terms and Conditions, including without limitation through any change of control or by operation of law, in whole or in part, without the prior written consent of Acuity. Acuity may freely assign any or all of its rights and obligations under these Site Terms and Conditions, in whole or in part for any reason. Subject to the foregoing restrictions, these Site Terms and Conditions will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.
Section 19: Miscellaneous
Acuity may amend, modify or otherwise change these Site Terms and Conditions, the Privacy Policy and/or any other applicable agreements (collectively “Site Agreements”) at any time by posting such changes on the Site. If any of these changes are unacceptable, you may terminate Your access as described above under “Termination”. In the event any of the provisions of the Site Terms and Conditions, are held unenforceable or invalid by court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement and the remaining provisions thereof shall remain in full force and effect. Should any provision of the Site Agreements require judicial interpretation, the parties agree that the court interpreting or construing the same shall not apply a presumption that the terms of these Site Agreements shall be more strictly construed against one party than against another. Headings of particular Sections are inserted only for convenience and are not to be used to define, limit or construe the scope of any term or provision of these Site Terms and Conditions. Failure of any party to enforce, in any one or more instances, any of the Site Terms and Conditions or the terms or conditions of the Site Agreements shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Site Terms and Conditions or any applicable Site Agreement, or any other notice, directive, or rule otherwise posted on the Site shall constitute a consent to any prior or subsequent breach thereof.
Section 20: Compliance with Applicable Laws
General Laws: You agree to comply with all applicable federal, state and local laws, statutes and regulations in the performance of their obligations under these Site Terms and Conditions.
