Service Agreement of BrightLux by American Lighting
Welcome to BrightLux by American Lighting!
Before accepting the Agreement, you are supposed to thoroughly read all contents of the Agreement, and fully know its terms, especially restrictive clauses or exceptions. Restrictive clauses or exceptions are bold or highlighted in other forms to catch your attention. In case of any doubt for the terms of the
Agreement, please contact relevant business department of BrightLux by American Lighting. You are not allowed to use the service before you have read and accepted all terms of the Agreement, relevant agreements and rules, etc. Once you select "agree and submit the Agreement" (see registration page
for detailed wordings) and complete the registration procedure, or you use the service in any form, it will be deemed that you have read and agreed with the restriction of the Agreement and rules above. In case of any breach of the Agreement, BrightLux by American Lighting has the right to unilaterally restrict, suspend or terminate the service for you, and has the right to investigate your relevant responsibilities.
The Service Agreement (hereinafter referred to as "the
Agreement") is signed by you and BrightLux by American Lighting. It
includes (but not limited to) BrightLux by American Lighting Privacy
Policy and other contents. In case of change, BrightLux by American Lighting will
announce by means of the licensed software sending a message without further
notification. Upon announcement, the changed agreement and rules become a part to the Agreement automatically, without further notification to you for your
consent. In case of objection to such relevant changes, stop use BrightLux
by American Lighting's service; if you keep using it, it will deemed as
that you hold no objections against the changed rules and agree to abide by
them.
I. Definitions of Terms
1.1 Licensed software refers to software system developed by BrightLux
by American Lighting, downloaded and installed and applied in specified
system mobile terminals.
1.2 Services refer to services provided for you by BrightLux
by American Lighting and its suppliers. You can use such services on
the mobile terminal with the licensed software.
II. Service
2.1 BrightLux by American Lighting offers you
intelligent life equipment management services, based on which you can access
the intelligent terminals on BrightLux by American Lighting and its
suppliers' smart platform through the BrightLux by American Lighting Control,
and realize interlinkage among intelligent equipment. Service contents include
intelligent equipment management, scene interlinkage and analysis report, etc.
Such functions may be optimized or modified according to changes of users'
demands or judgment of service supplier, and service supply may be suspended
due to regular and irregular maintenance.
III. Scope of Service
3.1 BrightLux by American Lighting grants you with the right to
use the product based on this software.
3.2 You are prohibited to license, sell, lease, transfer, issue
the product in any form, or use the product for other commercial purpose.
3.3 Due to limitations on software adaptation platform and
terminals, you can only use the licensed software in the authorized system
platform and terminal; if you install the licensed software on other terminal
equipment, it may damage your hardware or software function.
3.4 You acknowledge that the licensed software can only be used
for non-commercial purpose and installation, application and running of the
licensed software is prohibited. If such commercial operation is necessary,
prior written authorization and permission from BrightLux by American
Lighting shall be obtained.
3.5 BrightLux by American Lighting and its suppliers may
change, upgrade or transfer the licensed software or relevant functions from
time to time, and may add new functions or services in the licensed software
system. If no separate agreements are accompanied with the aforesaid new
functions or services, you are entitled to the corresponding functions and
services, which is also subject to the Agreement.
3.6 You shall be responsible for the accuracy, reliability, integrity
and legality of input data and legality of the way in which you obtain the
data, and shall back up data and information from time to time. You shall bear
all risks for damage and loss of such information.
3.7 You shall properly keep your account number and password. In
case of any safety loophole for your account (including but not limited to
divulgence of user password), you shall notify BrightLux by American
Lighting in time, and BrightLux by American Lighting will
assist you in taking relevant measures. Otherwise, all behaviors related to
your account shall be assumed by you and you will bear all responsibilities.
IV. A Third Party
4.1 You acknowledge that certain service of BrightLux by
American Lighting and its suppliers is based on software or services
provided by a third party. Such service is set to facilitate your application
and necessary legal authorization is obtained from the third party.
4.2 The product includes certain information and services of the
third party. BrightLux by American Lighting and its suppliers
neither controls nor bears responsibility for information and services of the
third party.
4.3 You acknowledge that BrightLux by American Lighting and
its suppliers cannot guarantee that the licensed software always uses or
contains such services, or that other software provided by the same third party
will be used in future. Likewise, it may use similar services supplied by
another third party. Upon application, the aforesaid corresponding software or
services are subject to this Agreement.
V. Service Application Standard
5.1 You shall use
the licensed software in a normal manner. The following ways are in breach of
the application standard:
1) Issue or share computer virus, worms, malicious codes, or
software that deliberately damages or changes computer system or data;
2) Collect information or data of other users without
authorization, for example, email address and the like;
3) Maliciously use the product in an automatic way, causing over
load to the server, or interfere with or damage web server and network links in
other forms.
4) Attempt to visit server data or communication data of the
product without authorization;
5) Interfere with or damage the production application by other users.
5.2 You understand and agree that:
1) BrightLux by American Lighting will determine
whether or not you are involved in violation of standards above, and suspend or
terminate your application license according to determination results or take
other restrictions according to agreements.
2) BrightLux by American Lighting will directly
delete information in breach of laws, or infringing others' legal rights, or in
breach of the Agreement issued by you when using the licensed software.
3) If a third party suffers from damage due to your breach of
application standards, you shall independently bear legal responsibility in
your name, and protect and indemnify BrightLux by American Lighting from
losses or additional expenses generated therefrom. Otherwise, BrightLux by
American Lighting has the right to claim compensation.
4) If BrightLux by American Lighting and its
suppliers suffers from any loss due to your breach of relevant laws or the
Agreement, you shall compensate BrightLux by American Lighting and
its suppliers for losses and (or) expenses generated therefrom.
VI. Information Content Standard
6.1 You promise that you will not conduct any act in breach of
laws or improper behaviors by using the service, such act and behavior include
(but not limited to):
6.1.1 Uploading, transferring or sharing information containing
one of the following contents:
1) Opposing the basic principles determined in the Constitution;
2) Endangering state safety, disclosing state secret, subverting
state power and sabotaging state unity;
3) Damaging state honor and benefit;
4) Inciting national hatred and discrimination and sabotaging
national unity;
5) Destroying religious policy of the state and advocating
heresy and feudalistic superstition;
6) Spreading rumors, disturbing social order and destroying
social stability;
7) Spreading obscenity, porn, gambling, violence , murder and
terror or abetting a crime;
8) Insulting or slandering others and infringing on the legal
rights and interests of others;
9) Containing contents of sham, defraudation, harm, threat,
infringement to others' privacy, harassment, infringement, slander, coarseness,
indecency, or morally repulsive contents;
10) Containing other contents restricted or forbidden by
applicable laws, regulations, rules, provisions and other legal standards.
VII. Private Policy and Data
7.1 It is crucial for BrightLux by American Lighting to
protect your personal information. BrightLux by American Lighting prepares
BrightLux by American Lighting Privacy Policy, in which contents
related to ownership and protection of intellectual property, collection, use,
share, storage and protection, etc. of your information are disclosed. You are
suggested to thoroughly read BrightLux by American Lighting Privacy
Policy.
VIII. Exception Clauses
8.1
Unless otherwise specified in laws and regulations, BrightLux by American
Lighting will do its best to ensure the security, validity, accuracy and
reliability of the licensed software and technologies and information involved, but BrightLux by American Lighting is unable to guarantee the same due to restriction by available technologies nowadays. 8.2 You understand that
BrightLux by American Lighting will not assume responsibility for direct
or indirect losses caused by force majeure and default of a third
party. 8.3 You shall be responsible for personnel injury or incidental or
indirectly injury caused by or related to one of the following accidents: 1) A
third party uses the licensed software or changes your data without permission;
2) Expenses and losses produced by using the licensed software; 3) Your
misunderstanding of the licensed software; 4) Other losses related to licensed
software caused by reasons not attributable to BrightLux by American
Lighting. 8.4 Any other licensed software-derived software not developed
and released by BrightLux by American Lighting or the development and
release are not granted by BrightLux by American Lighting is illegal
software. Downloading, installing and using such software may cause
unpredictable risks. BrightLux by American Lighting shall be free from
legal responsibilities and disputes generated therein and BrightLux by American
Lighting shall have the right to suspend or terminate application license
and/or other all services. 8.5 You have been informed of that the usage of
BrightLux by American Lighting and its supplier's smart
platform involves in Internet service, which may be affected by unstable
factors in all links. Although BrightLux by American Lighting has taken
safeguard measures, the service may be suspended, terminated, delayed, suffered
from application restriction or application failure due to inherent defects of
Internet and e-communication as well as factors beyond reasonable control of
any party to the Agreement (including but not limited to fire, flood, terrorist
attack, pestilence, natural disasters, riot, terminal virus, hacker attack,
network fault and terminal fault). You hereby agree to bear foregoing risks and
agree that BrightLux by American Lighting is free from any responsibility
when normal running of services are influenced by the occurrence of foregoing
risks.
IX. Agreement Termination and Breach of Agreement
9.1 You should understand that you shall use the licensed
software according to authorization scope, respect intellectual property of
software and contents contained in the software, and perform obligations
according to the Agreement when using BrightLux by American Lighting's
services. BrightLux by American Lighting will terminate the
application license if you are in material breach of the Agreement.
9.2 Your application of the software relies on supporting
services supplied by BrightLux by American Lighting's related companies.
Breach of terms, agreements, rules, annunciation and other relevant regulations
of BrightLux by American Lighting and its related companies may
cause failure in normal usage of licensed software, in which case, BrightLux
by American Lighting shall be entitled to terminate the application
license, or take measures to restrain your application license or other rights
and interests controlled by BrightLux by American Lighting as
agreed in the Agreement, including suspension or termination of your
application license.
9.3 In case of your breach of the Agreement or other agreements
signed with BrightLux by American Lighting, BrightLux by American
Lighting and its suppliers shall have the right to notify the related
companies, requiring them to take restrictive measures to your rights and
interests, including requiring related companies to suspend or terminate
supplying part or whole services for you, and legally announce your breach of
agreement on websites run or actually controlled by them.
9.4 The licensed software is downloaded from the downloading
platform and you shall abide by stipulations of the download platform, system
platform and terminal manufacture on application ways and restrictions of the
licensed software. If the above mentioned third party confirms that you are in
breach of the agreement and BrightLux by American Lighting and its
supplier's treatment is required, BrightLux by American Lighting may
terminate your application license at the third party's request.
9.5 When the application license terminates, you shall stop
using the licensed software and destroy all copies.
9.6 You must bear all compensation responsibilities if BrightLux
by American Lighting and other users suffer from losses caused by your
breach of terms in the Agreement.
X. Governing Laws and Severability
10.1 Effectiveness, explanation, change, execution and dispute
settlement of the Agreement are subject to laws of Please enter appropriate
jurisdiction. If no relevant laws and regulations are available, reference
to general international business practices and (or) industrial practices shall
be made.
10.2 Dispute arising from or in connection with the Agreement
may be settled by you and BrightLux by American Lighting through
friendly negotiation or submitted to the court with competent jurisdiction of Please enter appropriate jurisdiction where the Agreement is signed for
adjudication.
10.3 When any term of the Agreement is judged to be invalid by
such court, it will not influence the effectiveness of other terms or any part
thereof, and you and BrightLux by American Lighting shall perform
the valid terms in good faith.