Website Terms of Use
Effective: November 1, 2011
Site Terms and Conditions
All use of online web pages at websites offered by Acuity Brands, Inc. or its
subsidiaries or affiliated companies (“Acuity Brands”) located in the United
States to which these terms and conditions are linked (“Site”), and any
information and content included in the Site, is subject to the terms and
conditions set forth below. By accessing, browsing and/or using the pages in
this Site, you (collectively, “Site
User,” "You" or "Your")
agree to these site terms and conditions ("Site
Terms and Conditions"), and You represent that You are 18 years old or
older. You should not attempt to access, browse or use the Site if You are not
willing to be bound by and abide by these Site Terms and Conditions.
Section 1: Site
The Site may allow You to post photographs, graphics, designs, videos,
remarks, comments, information and other materials regarding lighting products,
lighting projects, and related topics ("Content").
The Site also contains Content entered into the Site by employees and authorized
representatives of Acuity Brands (“Acuity
Content”), and may contain Content entered into the Site by other persons
(“Other Content”).
The ownership rights in the Content posted by You (“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 Brands and are Acuity Brands’
sole and exclusive property.
Section 2: Your Content and Other Content
By posting Your Content on the Site, You are granting Acuity Brands a
non-exclusive, irrevocable, royalty-free, perpetual, and worldwide license to
use Your Content, in accordance with these Site Terms and Conditions, including
any ideas, know-how or techniques contained therein, without (i) restrictions of
any kind, (ii) any payment or other consideration of any kind, or (iii)
permission or notification to You or any third party. This license shall
include, without limitation, the right to use, sell, reproduce, prepare
derivative works, combine with other works, alter, translate, distribute copies,
transmit, display, perform, license or sub-license Your Content (in whole or in
part), including all rights therein, in the name of Acuity Brands or its
designees throughout the world, in perpetuity in any manner and in any or media
now or hereafter known. For this reason, do not send us any comments that You do
not wish to license to us, including any business or technical information that
You may consider confidential or proprietary, such as new product or service
ideas or information about Your own business plans or any original creative
materials, such as computer code or designs. In addition, You grant Acuity
Brands the right to include the name provided along with Your Content submitted
by You.
You are responsible for Your Content entered into the Site. Acuity Brands 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 any
linked information. You understand and agree that Acuity Brands does not monitor
Your Content or Other Content, however, Acuity Brands 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 Brands deems to be illegal,
offensive, in violation of these Site Terms and Conditions or otherwise
inappropriate.
By posting Your Content to the Site, You hereby represent and warrant that
(i) You either own or control all of the rights to Your Content or anything
contained therein; (ii) You have obtained permission from the owner or
appropriate rights holder of Your Content to use and submit such Content,
including without limitation, to allow Acuity Brands to use Your Content in
accordance with these Site Terms and Conditions; (iii) You have received all
necessary permissions from any person mentioned, identified or depicted in Your
Content to submit such information to the Site in accordance with these Site
Terms and Conditions; and (iv) Your Content and anything contained therein will
not otherwise infringe any intellectual property or other right(s) of a third
party. You further agree that You have not been compensated nor granted any
consideration by any third party for the Your Content.
You are prohibited from including as part of Your Content, any “sensitive”
personally identifiable information, which may include, but not be limited to,
any information about yourself or another person that may relate to health or
medical conditions, social security numbers, credit card, bank account or other
financial information, or information concerning trade union membership, sex
life, political opinions, criminal charges or convictions, religious or
philosophical beliefs, racial or ethnic origin, or other sensitive matters. Your
Content will be routed through the Internet, and You understand and acknowledge
that You have no expectation of privacy regarding Your Content. Except as
otherwise provided in Acuity Brands’
Privacy Policy, all information received from You (including any information
received in breach of the prohibition in the previous sentences) will be deemed
to be NON-CONFIDENTIAL.
Section 3: Acuity Content License and Restrictions
The Acuity Content provided in the Site represents valuable proprietary and
intellectual property of Acuity Brands 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. Subject to these Site Terms and
Conditions, Acuity Brands grants You the limited, nonassignable, nontransferable
license to use the Acuity Content, features and services provided by Acuity
Brands on this Site, solely in connection with the Site and solely for Your
personal, non-commercial use, and to upload Your Content to the Site. You agree
to 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 Brands or any Acuity Brands subsidiary or
business division, without the express written permission of an authorized
Acuity Brands representative.
Section 4: Copyright Complaint Policy
If You believe in good faith that any Acuity Content or Other Content
infringes your copyright, please notify Acuity Brands and provide the written
information requested below:
- Clear identification of the copyrighted work or other intellectual
property You claim was infringed.
- Clear identification of the Acuity Content or Other Content You claim is
infringing the copyrighted work, and information that will allow us to
locate that material on the Site, such as a link to the infringing material.
- A statement by You that You have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law.
- A statement by You declaring under penalty of perjury that (a) the above
information in Your notice is accurate, and (b) that You are the owner, or
are authorized to act on behalf of the owner, of the copyright interest
involved.
- Your contact information so that we may contact You, preferably
including an email address and telephone number.
- Your physical or electronic signature.
Notices of claims of copyright infringement on this website should be emailed
or mailed to:
Acuity Brands Lighting, Inc.
Corporate Compliance
1400 Lester Road
Conyers, Georgia 30012
Phone Number: 770.922.9000
Fax Number: 770.785.9511
corporatecompliance@acuitybrands.com
We will review and address all notices that comply with the requirements
above.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other
applicable law, Acuity Brands will terminate, in appropriate circumstances and
at Acuity Brand’s sole discretion, access by users who are deemed to be repeat
infringers. Acuity Brands may also at its sole discretion limit access to the
Site of any users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement. If You receive an infringement
notice from Acuity Brands, You may provide counter-notification in writing to
the agent designated above, in accordance with the provisions of the DMCA.
Section 5: 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
. Our Privacy Policy does not apply
http://www.acuitybrands.com/utilities/privacypolicy.aspx 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 6: 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
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 7: 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 Brands. Acuity Brands provides such links as a convenience
to You, and in no way endorses such third party sites. You acknowledge and agree
that Acuity Brands 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 Brands or
its licensors, as may be appropriate. If You wish to provide a link to this
Site, You may do so under the terms and conditions of these Site Terms and
Conditions, but You may not use or replicate Acuity Content; You agree not to
create a browser, border environment or frame for Acuity Content; You may not
imply that Acuity Brands is endorsing You or Your products or services; You may
not misrepresent your relationship with Acuity Brands; You may not present false
information about Acuity Brands products or services; and Your linked Web site
may not contain content that could be construed as distasteful, offensive or
controversial, and/or contain content that is not appropriate for all age,
racial, religious or other groups protected by law. If You violate these
promises, You agree to be responsible for all claims, costs, losses, expenses,
damages and liabilities associated with such acts or omissions and indemnify and
hold Acuity Brands harmless as provided below, and You agree to remove any link
to this Site immediately upon the request of Acuity Brands.
Section 8: Logins and Passwords
As part of an applicable registration process, You may be required to create
a screen name and password (“Login and Password Information”) and provide Acuity
Brands with accurate, complete and updated registration information to use the
Site. Failure to do so, if required, 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 Brands pursuant to the notice
provisions hereunder, that such information must be changed or discontinued. You
agree to immediately notify Acuity Brands by e-mail at
corporatecompliance@acuitybrands.com of any potential breaches of secrecy of
the Login and Password Information.
Section 9: Indemnity
You agree to indemnify and hold harmless Acuity Brands, 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 Brands, (iii) Your violation of these
Site Terms and Conditions or (iv) Your misuse of the Site. Acuity Brands shall
notify You promptly of any such Claim and may, at its sole discretion, assist
You, at Your sole expense, in defending any such Claim. Notwithstanding the
foregoing, You shall keep Acuity Brands informed of the progress of any such
Claim, and You shall not have the authority to admit any liability on the part
of Acuity Brands 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
Brands or fails to release Acuity Brands from all claims and liability. If You
fail to act against such Claims as provided herein, or Acuity Brands otherwise
reasonably believes that its position is or will be compromised through Your
defense of the Claim, Acuity Brands shall have the right to take appropriate
legal action and You shall pay all expenses actually and reasonably incurred in
connection therewith.
Section 10: No Warranty
Acuity Brands does not warrant that, and Acuity Brands 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 Brands
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 Brands
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 Brands makes no warranties
about the accuracy, noninfringement, reliability, completeness, or timeliness of
the content or information provided on the Site. Acuity Brands makes no
warranties that the Site will be available at or for any specific time,
available in any specific location or jurisdiction.
Section 11: Limitation of Liability
You acknowledge and agree that in no event will Acuity Brands, 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 Brands 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 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 Brands, 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 Brands 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 Brands 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 Brands.
Acuity Brands may discontinue or change the Site or deny or revoke Your access
to this Site, or any part thereof, at any time in its sole discretion, with or
without cause.
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
Except as provided in Sections 4 and 8, all notices required to be given to
Acuity Brands hereunder shall be sent by certified mail or nationally recognized
overnight courier 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 Brands 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 first class 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 Brands 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 Your 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 Brands. Acuity Brands 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 Brands 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 updated Site Terms and
Conditions 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.
