Terms of Use

Welcome to Luxelion! Luxelion is based in New York City and provides downloadable watch faces for Garmin smartwatches.

We are excited to have you here, and we hope you take full advantage of the services and watch faces we offer. Before you begin, please take a few moments to read through these Terms of Use, together with our Privacy Policy, as they will govern your use of the Luxelion website.

By using the website or purchasing a product or service from us, you are accepting and agreeing to be bound by these terms and our Privacy Policy, so please take the time to understand them. If you do not agree to these Terms of Use and our Privacy Policy, you must not access or use the website.

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances, use LuxeLion. We may, at our sole discretion, refuse to offer LuxeLion to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access LuxeLion is revoked where these Terms of Use or use of LuxeLion is prohibited or to the extent offering, sale or provision of LuxeLion conflicts with any applicable law, rule or regulation. Further, LuxeLion is offered only for your use, and not for the use or benefit of any third party.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Luxelion’s express prior written consent.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Luxelion reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Luxelion server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Luxelion, including any Luxelion account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Luxelion systems or networks, or any systems or networks connected to the Site or to Luxelion. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Luxelion on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Luxelion or others.

Certain features or services offered on or through the Site may require you to open an account (including setting up an Luxelion ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Luxelion immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Luxelion or any other user of or visitor to the Site due to someone else using your Luxelion ID, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s Luxelion ID, password or account at any time without the express permission and consent of the holder of that Luxelion ID, password or account. Luxelion cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

LUXELION DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

LUXELION CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LUXELION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUXELION DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LUXELION SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

YOUR SOLE REMEDY AGAINST LUXELION FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Luxelion reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Except where prohibited by law, in no event will Luxelion be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Luxelion has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms of Use, Luxelion is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Luxelion liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Luxelion (but not including the purchase price for any hardware or software products), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

You agree to indemnify and hold Luxelion, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Luxelion by any third party due to or arising out of or in connection with your use of the Site or LuxeLion Applications.

Our watch faces are available for purchase online, and all sales are final and no refunds will be issued.

Subject to your compliance with the terms and conditions of these Terms of Use, we grant to you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install LuxeLion applications on your own mobile devices that you own and control and run such copies of LuxeLion applications solely for your personal non-commercial use. You acknowledge that new versions of LuxeLion applications may be provided at additional charge. We reserve all rights in the LuxeLion application not expressly granted to you in these Terms of Use.

We are not obligated to maintain or support LuxeLion applications, or to provide you with updates, upgrades or services related thereto. You acknowledge that LuxeLion may from time to time in its sole discretion issue updates or upgrades to LuxeLion applications, and may automatically update or upgrade the version of the LuxeLion application that you are using on your mobile device. You consent to such automatic updating or upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades.

You may not use, export, re-export, import, or transfer LuxeLion applications except as authorized by United States law, the laws of the jurisdiction in which you obtained LuxeLion applications, and any other applicable laws or regulations. In particular, but without limitation, LuxeLion applications may not be exported or re-exported (i) into any United States embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using LuxeLion applications, you represent and warrant that you are not located in any such country or on any such list. You also will not use LuxeLion applications for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.

By purchasing a subscription, you agree to be billed on your renewal date according to the then-published price. Generally, we will only increase subscription prices if we have added more benefits to that subscription. However, we reserve the right to change our prices at any time and from time to time for any reason. The publication of those prices on our website and checkout pages shall constitute sufficient notice, so please check back before your renewal date. If you do not wish to be billed automatically according to these terms, you may stop your subscription using our self-service portal.

We reserve the right to modify or terminate any services offered by Luxelion at any time, without notice. Additionally, we reserve the right to change these terms at any time. Any changes to the Terms of Use will be posted on the website, and we encourage you to review these Terms of Use periodically to stay informed of any changes. Your continued use of the website after any changes to the Terms of Use constitutes your acceptance of the changes.