Terms for Bookings and Terms of Use

General Advertising Terms & Conditions 2027

LEDprofessional

Effective January 1, 2027
Publisher: PeakBlue Media OG, Austria

These General Advertising Terms & Conditions apply to the international LEDprofessional media portfolio, including advertising, sponsorships, content marketing, lead generation, digital media, print publications, and related services.

§1. General Provisions and Contracting Parties

1.1. These General Advertising Terms & Conditions (“Terms”) apply to all advertising, sponsorship, promotional, content marketing, lead-generation, and related media services offered within the LEDprofessional media portfolio (collectively, the “Services”).

1.2. Effective January 1, 2027, PeakBlue Media OG, Austria (hereinafter referred to as the “Publisher”), shall act as the contracting party for all new advertising bookings and media services within the LEDprofessional media portfolio.

1.3. Contracts previously concluded with Luger Research e.U. shall remain unaffected unless they are validly transferred to PeakBlue Media OG or otherwise amended by agreement between the relevant parties.

1.4. All orders are subject to acceptance by the Publisher. A binding agreement is established upon written confirmation of the order by the Publisher.

1.5. These Terms, together with the applicable order confirmation and any expressly agreed written arrangements, constitute the agreement between the Publisher and the advertiser (the “Advertiser”).

1.6. Individually negotiated terms expressly agreed in writing shall prevail over these Terms in the event of a conflict.

1.7. Any conflicting or additional terms proposed by the Advertiser or its advertising agency shall apply only if expressly accepted by the Publisher in writing.

1.8. References to written communication include email and other reproducible electronic communications, unless a stricter form is required by applicable law or expressly agreed by the parties.

§2. Advertising Placement and Publication

2.1. The Publisher shall make commercially reasonable efforts to deliver the agreed Services in accordance with the confirmed order.

2.2. The positioning of advertisements, promotional materials, and sponsored content shall be determined by the Publisher unless a specific placement has been expressly agreed upon in writing.

2.3. The Publisher reserves the right to make reasonable adjustments to layouts, formats, technical specifications, and publication schedules where necessary for technical, editorial, or operational reasons, provided that the essential commercial value of the agreed Services is maintained.

2.4. The Publisher does not guarantee specific advertising results, including impressions, clicks, conversions, search engine rankings, or visibility in AI-powered search systems, unless expressly agreed in writing. Agreed lead-generation commitments remain subject to §8.

2.5. Audience figures, circulation data, reach estimates, and performance statistics published in the Media Kit are provided for informational purposes and do not constitute guaranteed campaign results unless expressly stated otherwise.

2.6. Replacement Services

If an agreed advertising placement or service cannot be delivered as confirmed, the Publisher shall offer an equivalent replacement placement or service with a commercial value of at least the originally agreed booking price of the affected service.

The replacement shall:

  • Be provided at no additional cost to the Advertiser.
  • Be reasonably comparable in scope, audience, and promotional value.
  • Require the Advertiser's approval.

If no mutually acceptable replacement can be agreed upon, the Advertiser shall be entitled to a refund or credit corresponding to the agreed booking price of the undelivered service.

§3. Advertising Materials and Deadlines

3.1. The Advertiser shall provide all required advertising materials in accordance with the technical specifications and deadlines stated in the Media Kit or order confirmation.

3.2. Unless otherwise agreed, the following deadlines apply:

  • Online advertising: At least ten working days before the campaign start.
  • Newsletter advertising: At least ten working days before the scheduled distribution.
  • Print advertising: By the applicable material deadline specified in the Editorial Calendar.

3.3. The Advertiser is responsible for ensuring that all submitted materials are accurate, complete, technically suitable, and compliant with applicable laws and third-party rights.

3.4. The Publisher is not obligated to revise, correct, or adapt materials that do not meet the agreed specifications.

3.5. If advertising materials are submitted late, incomplete, or in an unsuitable format, the Publisher may postpone publication, use previously approved materials, or decline publication where reasonably necessary.

3.6. The Publisher shall not be responsible for delays or deficiencies resulting from the Advertiser's failure to meet its obligations.

§4. Content Approval and Editorial Independence

4.1. The Publisher reserves the right to review, reject, or request modifications to advertising and promotional materials that are unlawful, misleading, defamatory, technically unsuitable, or inconsistent with its editorial and professional standards.

4.2. The Publisher maintains editorial independence across all LEDprofessional media channels.

4.3. The purchase of advertising or sponsorship does not entitle the Advertiser to influence independent editorial coverage, editorial opinions, or publication decisions.

4.4. Paid promotional content shall be identified as “Advertisement,” “Sponsored Content,” “Paid Partnership,” or by another appropriate disclosure where required by applicable law or editorial standards.

4.5. The Publisher may refuse or discontinue publication of material that creates a substantiated legal or reputational risk. Any resulting payment obligations shall depend on the circumstances and applicable law.

§5. Intellectual Property and Usage Rights

5.1. The Advertiser warrants that it owns or has obtained all necessary rights, licenses, permissions, and approvals for the materials supplied to the Publisher.

5.2. The Advertiser grants the Publisher a nonexclusive, worldwide, royalty-free license to reproduce, publish, distribute, display, technically adapt, and promote the submitted materials to the extent necessary to perform the agreed Services.

5.3. This license includes publication through the agreed media channels and reasonable promotional use in connection with the relevant campaign.

5.4. Ownership of the Advertiser's original materials remains with the Advertiser or the respective rights holders.

5.5. Ownership of the Publisher's brands, publications, designs, editorial content, and proprietary materials remains with the Publisher or the respective rights holders.

5.6. Any additional rights relating to commissioned content production, including photographs, videos, podcasts, or other creative materials, shall be determined by the applicable order confirmation or a separate written agreement.

§6. Cancellations and Changes

6.1. Once an order has been confirmed, cancellations or material changes requested by the Advertiser are subject to the following conditions, unless otherwise agreed in writing.

Print Advertising

6.2. For cancellations received twelve (12) weeks or more before the scheduled publication date, 50% of the confirmed order value shall be payable.

6.3. For cancellations received less than twelve (12) weeks before the scheduled publication date, 100% of the confirmed order value shall be payable.

Digital Advertising and Newsletter Campaigns

6.4. For cancellations received at least thirty (30) calendar days before the scheduled campaign start, no cancellation fee shall apply.

6.5. For cancellations received between fifteen (15) and twenty-nine (29) calendar days before the scheduled campaign start, 50% of the confirmed order value shall be payable.

6.6. For cancellations received fewer than fifteen (15) calendar days before the scheduled campaign start, or after the campaign has commenced, 100% of the confirmed order value shall be payable.

Custom Production and Sponsored Content

6.7. For individually commissioned content, including articles, white papers, videos, webinars, podcasts, and other customized services, the Advertiser shall pay for work performed and nonrecoverable costs incurred up to the effective cancellation date, unless a different cancellation arrangement has been expressly agreed.

Multiple Placements and Annual Campaigns

6.8. For campaigns consisting of multiple placements or scheduled insertions, cancellation charges shall apply only to the affected, unperformed placements. Services already delivered shall remain payable in full.

6.9. Any separately chargeable production or third-party costs must be documented and shall not be charged twice.

6.10. All cancellation charges are subject to applicable mandatory law. Any legally mandatory right to demonstrate that the Publisher incurred a lower loss shall remain unaffected.

§7. Data Protection and Privacy

7.1. The Publisher respects the privacy of its subscribers, readers, and users and processes personal data in accordance with applicable data protection laws, including the EU General Data Protection Regulation (GDPR), where applicable.

7.2. Subscriber and audience contact information shall not be disclosed to Advertisers solely on the basis of an advertising booking.

7.3. For lead-generation campaigns, personal data may be transferred to the Advertiser only where a valid legal basis exists and the individual has received appropriate information about the intended disclosure and use of their data.

7.4. Where consent is required, it must be obtained and documented in accordance with applicable law.

7.5. The Advertiser shall use transferred personal data only for lawful purposes and in accordance with the information provided to the individuals concerned.

7.6. Unless otherwise agreed, each party shall be independently responsible for complying with the data protection obligations applicable to its own processing activities.

7.7. Where the nature of the Services requires a data processing agreement, joint-controller arrangement, or other specific data protection documentation, the parties shall enter into the necessary agreement before the relevant processing begins.

7.8. International transfers of personal data shall be subject to applicable legal requirements and appropriate safeguards.

7.9. Further information regarding the Publisher's data protection practices is available through the applicable privacy policy published on the Publisher's website.

§8. Lead-Generation Services

8.1. Lead-generation campaigns shall be performed in accordance with the scope, quantity, and qualification criteria specified in the applicable order confirmation.

8.2. A “Qualified Lead” means a contact meeting the agreed qualification criteria and obtained through a lawful registration or other agreed lead-generation process.

8.3. Lead-generation campaigns shall remain active until the agreed number of Qualified Leads has been delivered, subject to a maximum campaign duration of twelve (12) months unless otherwise agreed.

8.4. If the agreed number of Qualified Leads has not been reached within twelve months, the parties may agree to extend the campaign for an additional period.

8.5. If no extension is agreed, the Advertiser shall receive a proportional credit or refund for the undelivered Qualified Leads, calculated on the basis of the agreed lead-generation package price. Separately agreed and already delivered production services shall remain payable.

8.6. The Publisher does not guarantee that any lead will result in a business transaction, sales opportunity, or commercial conversion.

8.7. Any provisions regarding duplicate leads, replacement leads, specific qualification criteria, or additional delivery requirements shall be specified in the applicable order confirmation.

§9. AI-Generated and AI-Assisted Content

9.1. Certain Services may involve the use of artificial intelligence technologies for content creation, production, editing, translation, audio generation, or other media-related activities.

9.2. AI-generated or AI-assisted content shall be identified as such where required by applicable law, platform policies, or the Publisher's editorial standards.

9.3. The Advertiser shall ensure that any materials or instructions supplied for AI-assisted production do not infringe third-party rights.

9.4. The use or simulation of a person's name, likeness, or voice requires the necessary rights and permissions.

9.5. The Publisher does not guarantee that AI-generated content will be entirely free from inaccuracies. Content shall be subject to reasonable review and approval procedures appropriate to the agreed Services.

9.6. Any specific approval procedures or usage rights relating to AI-generated content shall be defined in the applicable order confirmation where necessary.

§10. Advertiser Responsibilities and Indemnification

10.1. The Advertiser is responsible for the legality, accuracy, and content of its advertising materials and for obtaining all necessary rights and permissions.

10.2. The Advertiser shall indemnify and hold harmless the Publisher against third-party claims, damages, liabilities, and reasonable legal expenses arising from:

a) unlawful, misleading, defamatory, or infringing materials supplied by the Advertiser;

b) infringement of intellectual property, privacy, or other third-party rights attributable to the Advertiser's materials;

c) the Advertiser's products, services, or representations; or

d) the Advertiser's breach of applicable laws or contractual obligations.

10.3. Such indemnification shall apply only to the extent that the relevant claims are attributable to circumstances within the Advertiser's responsibility and shall not extend to losses caused by the Publisher's own unlawful conduct.

10.4. The Publisher shall notify the Advertiser of relevant third-party claims within a reasonable period and shall not unreasonably prevent the Advertiser from participating in their defense.

§11. Limitation of Liability

11.1. The Publisher shall perform its contractual obligations with reasonable professional care.

11.2. The Publisher shall be liable without limitation for damages caused intentionally or by gross negligence and in all other cases where liability cannot lawfully be excluded or limited.

11.3. In cases of slight negligence, the Publisher's liability shall, to the extent permitted by applicable law, be limited to foreseeable damages typically arising from the relevant contractual relationship and shall not exceed the agreed value of the affected order.

11.4. To the extent permitted by applicable law, the Publisher shall not be liable for indirect, incidental, consequential, or special damages, including lost profits, lost business opportunities, or loss of anticipated revenue.

11.5. Nothing in these Terms shall exclude or limit liability to the extent such exclusion or limitation is prohibited by applicable law.

§12. Force Majeure

12.1. Neither party shall be liable for delays or failures in performance caused by circumstances beyond its reasonable control, including natural disasters, governmental restrictions, major technical failures, labor disputes, or interruptions of essential third-party services.

12.2. The affected party shall notify the other party within a reasonable period and make commercially reasonable efforts to minimize the consequences.

12.3. If such circumstances substantially prevent performance for an extended period, the parties shall seek an appropriate alternative arrangement.

12.4. Any termination or payment consequences resulting from prolonged force majeure shall be determined in accordance with applicable law and the circumstances of the affected Services.

§13. Advertisers and Advertising Agencies

13.1. Where an advertising agency places an order on behalf of an Advertiser, the agency shall identify the Advertiser and confirm its authority to act on the Advertiser's behalf.

13.2. The Advertiser and its agency shall be jointly and severally liable for payment obligations arising from the confirmed order, provided that such joint and several liability has been validly agreed by both parties.

13.3. The agency's liability shall not be excluded merely because the agency acts on behalf of the Advertiser, where the agency has expressly accepted joint and several liability.

13.4. Any agency commission must be expressly agreed in writing.

13.5. Production charges and other noncommissionable services shall not be subject to agency commissions unless otherwise agreed.

13.6. The Publisher may require both the Advertiser and its agency to acknowledge the applicable payment and liability arrangements in the order confirmation.

§14. Payment Terms

14.1. Unless otherwise agreed in writing, invoices are payable within thirty (30) days of the invoice date.

14.2. All prices are stated in the currency specified in the applicable Media Kit or order confirmation and exclude applicable taxes.

14.3. In the event of late payment, the Publisher may charge statutory default interest and reasonable recovery costs in accordance with applicable Austrian law.

14.4. Agency commissions shall not become payable unless the corresponding invoice has been paid in full, unless otherwise agreed in writing.

14.5. The Publisher reserves the right to request advance payment for new customers, substantial orders, or where reasonable concerns regarding creditworthiness exist, provided that the payment arrangement is agreed before the relevant Services are performed.

14.6. The Publisher may suspend further Services in the event of material payment default, subject to applicable law and reasonable prior notice.

§15. Claims, Complaints, and Remedies

15.1. The Advertiser shall review published advertisements and delivered Services within a reasonable period.

15.2. Complaints concerning print advertisements should be submitted in writing within eight (8) weeks of publication.

15.3. Complaints concerning online advertising should be submitted in writing within two (2) weeks after the campaign begins or the relevant defect becomes reasonably apparent.

15.4. The Publisher shall investigate substantiated complaints and, where appropriate, offer a reasonable remedy, which may include correction, replacement placement, or a proportionate price adjustment.

15.5. Where legally permissible and reasonable under the circumstances, the Publisher shall first be given an opportunity to remedy a substantiated defect.

15.6. These provisions shall not exclude statutory rights that cannot lawfully be limited.

§16. Changes to the Media Kit and Terms

16.1. The Publisher reserves the right to update its Media Kit, advertising rates, technical specifications, and Terms.

16.2. Such changes shall not affect previously confirmed orders unless otherwise agreed in writing by the parties.

16.3. The version of the Terms incorporated into the confirmed order shall govern that order.

16.4. The latest Media Kit information may be published at:

www.led-professional.com/advertise

§17. Transfer of Business and Successors

17.1. The Publisher may reorganize, transfer, or assign its media and publishing activities, including the LEDprofessional portfolio, to an affiliated company, successor entity, or other entity continuing the relevant business.

17.2. Any transfer of contractual rights and obligations shall be carried out in accordance with applicable law, including obtaining any consent required for the transfer.

17.3. The Publisher shall inform affected Advertisers of any change in the contracting entity within a reasonable period.

17.4. Unless otherwise agreed, the transfer shall not alter the confirmed advertising services, rates, or other material commercial terms.

17.5. Any contractual transfer shall not automatically create joint liability between PeakBlue Media OG and Luger Research e.U.

§18. Governing Law and Jurisdiction

18.1. These Terms and the contractual relationship between the Publisher and the Advertiser shall be governed by the laws of Austria, excluding its conflict-of-law rules.

18.2. Subject to mandatory applicable law, the courts having subject-matter jurisdiction in Feldkirch, Austria, shall have exclusive jurisdiction over disputes arising from or relating to the contractual relationship.

18.3. These Terms are intended exclusively for business-to-business transactions.

§19. Severability

19.1. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain effective to the extent permitted by applicable law.

19.2. The parties shall endeavor to agree on a legally valid replacement provision that most closely reflects the original commercial intent, where legally permissible.

§20. Publisher's Brands and Intellectual Property

20.1. The brands LEDprofessional, Trends in Lighting, LpS Digital, Global Lighting Directory, and SciPiL are owned by Luger Research e.U. or their respective legal rights holders.

20.2. All trademarks, brand names, logos, designs, editorial content, and other protected materials remain subject to applicable intellectual property rights.

20.3. No rights to the Publisher's intellectual property are transferred to the Advertiser except as expressly agreed in writing.

20.4. The operation of the LEDprofessional media portfolio by PeakBlue Media OG does not, by itself, imply a transfer of ownership of the underlying trademarks or other intellectual property rights.


Terms of Use

LEDprofessional

Content

  1. Acceptance of Terms of Use
  2. Modification of Terms
  3. Privacy Policy
  4. Disclaimers
  5. Registration
  6. Contributor
  7. Limitation of Liability
  8. Third Party Content/Software
  9. Copyright and Trademarks
  10. Proprietary Rights in Web Site
  11. U.S. Copyright Infringement Claims
  12. Indemnification and Release
  13. Shut-Down of Site
  14. Luger Research e.U. Services
  15. Safe Harbor' Statement under the Private Securities Litigation Reform Act of 1995
  16. Dispute Resolution
  17. Severability
  18. No Waiver
  19. Headings

 

Terms of use

This website ("Web Site") is offered to you by Luger Research e.U., Moosmahdstrasse 30, 6850 Dornbirn, Austria ("LR").

The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

 

1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these Terms of Use, you should NOT access or use this Web Site.

 

2. Modification of Terms

These Terms of Use may be amended by LR at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other LR web sites may have their own terms of use which apply to such web sites.

LR reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. LR reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

 

3. Privacy Policy

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with LR' Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.

 

4. Disclaimers

ALL CONTENT AND USER CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". LR AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither LR nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

This is a public web site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Web Site. Do not submit confidential information here.

LR and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by LR are free from viruses or any other harmful elements.

Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

5. Registration

Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register as a contributor. This registration is free of charge.

When you register, you must choose a unique user name or "handle" and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your submitted content to the Web Site or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e-mail. We may, at our own discretion, bar registration from any specific e-mail service or ISP.

 

6. Contributor

By submitting any User Content to the Web Site, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.

You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the Web Site. You shall also not forge headers or manipulate identities or other data in order to disguise the origin of any Content and/or User Content transmitted through our Web Site or to manipulate your presence on the Web Site. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

 

You affirm, represent and warrant that the User Content submitted to the Web Site does not infringe any proprietary right of another, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.

You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the Web Site that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution.

 

You hereby grant to LR, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicenseable and transferable license to use, reproduce, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this Web Site or any other LR web site or in other LR marketing or public relations materials in any and all media.

 

You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. LR may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, LR, its subsidiaries, affiliates, partners, licensors and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the Web Site.

LR does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and LR expressly disclaims any and all liability in connection with User Content.

LR has the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact LR immediately by e-mail at info@lugerresearch.com. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular User Content immediately.

 

7. Limitation of Liability

 

IN NO EVENT SHALL LR OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF LR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF LR.

The use of the Arrow / LED professional Lighting Designer Tool through LED professional web pages is free of charge. LR is not responsible for any dissatisfaction in regards to developments, results, costs, products or investments. This service is for experience with LED lighting designs only and LR is not responsible for outcomes and results. LR does not guarantee the validity of products and its parameters shown in the database.

If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.

 

8. Third Party Content/Software

LR is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. LRHEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

 

9. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by LR, its affiliates, subsidiaries and/or partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to Luger Research e.U. and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.

LED professional is a trademark of Luger Research e.U.

LR and all other registered trademarks of Luger Research e.U. and its affiliates are important assets of the company.

The use and registration of the Luger Research, LED professional, LED professional Review, LED professional Online, and LED professional Conferenece names is exclusively reserved to our company. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the above listed names or any name similar thereto or any name which consists of a part of the above listed names forms part nor shall it include any other registered trademark owned by Luger Research e.U..”

 

10. Proprietary Rights in the Web Site

This Web Site is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a "publication" of such invention under applicable patent laws.

You acknowledge that any User Content submitted and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of LR, its subsidiaries, affiliates, partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Web Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.

 

11. U.S. Copyright Infringement Claims

If you know or suspect that any of the materials on this Web Site (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send notice to LR' designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:

  • A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

The designated agent for notice of copyright infringement claims may be reached as follows:

 

By Mail: Luger Research e.U.,

Legal Department

Moosmahdstrasse 30

6850 Dornbirn

Austria

 

By Fax: Luger Research e.U.,

Legal Department

Dornbirn

Austria

+43 5572 394 489 - 90

The preceding information is provided exclusively for notifying LR that your copyrighted material may have been infringed. All other inquiries, such as product related questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.

 

12. Indemnification and Release

You agree to indemnify and hold harmless LR, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Web Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, LR reserves the right to reveal your identity and any other information LR may have about you.

If you have a dispute with one or more users, you release LR, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

13. Shut-Down of Site

We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site.

 

14. Luger Research e.U. - Services / Products

LR provides information regarding products and third-party merchants, and links to third-party merchants that are selling listed products. LR and its affiliates attempt to be as accurate as possible. However, LR does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. The Web Site may contain references to specific LR products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local LR business contact for further information.

Sales prices indicated on the website are the recommended sales prices by the manufacturer. The purchase of any products through this site will be subject to the additional terms of purchase, which appear on the relevant page. Please note these may be the terms of purchase of a third party if you have linked to their site.

LR may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. LR does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

15. Safe Harbor' Statement under the Private Securities Litigation Reform Act of 1995

The information on this website may contain certain forward-looking statements with respect to the financial condition, results of operations and business of LR and certain of the plans and objectives of LR with respect to these items. We caution readers that no forward-looking statement is a guarantee of future performance and that actual results could differ materially from those contained in the forward-looking statements. Examples of forward-looking statements include the statements we have made about our strategy, estimates of sales growth, future EBITA and cost savings, future developments in our organic business as well as the benefit of future acquisitions, and  our capital position. By their nature, forward-looking statements involve risk and uncertainty because they relate to future events and circumstances and there are many factors that could cause actual results and developments to differ materially from those expressed or implied by these forward-looking statements. The forward looking statements are  subject to, among other things, domestic and global economic and business conditions, the successful implementation of our strategy, our ability to identify and complete successful acquisitions and to integrate those acquisitions into our business, consumer preferences with respect to our existing and new products, our ability to develop and market new products,  our ability to realize the benefits of this strategy , the policies and actions of governmental and regulatory authorities, changes in legislation,  and the impact of competition – a number of which factors are beyond our control. As a result, our actual future results may differ materially from the plans, goals, and expectations set forth in such forward-looking statements. Additional risks and factors are identified in our documents filed with or furnished to the U.S. Securities and Exchange Commission (the “SEC”) including in our most recent Annual Report on Form 20-F, which is available on the SEC’s website at www.sec.gov. Any forward-looking statements made by or on our behalf speak only as of the date they are made. We do not undertake to update forward-looking statements to reflect any changes in expectations with regard thereto or any changes in events, conditions or circumstances on which any such statement is based. The reader should, however, consult any additional disclosures that we have made or may make in documents we have filed or may file with the SEC.

 

16. Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Austria. You agree to the non-exclusive jurisdiction of the courts in Feldkirch, Austria for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Web Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Feldkirch, Austria.

 

17. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

 

18. No Waiver

No failure on the part of LR to enforce any part of these Terms of Use shall constitute a waiver of any of LR' rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by LR nor the reliance of any person on LR' actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of LR shall have any legal effect whatsoever.

 

"THE PARTIES HEREBY IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING (INCLUDING ANY COUNTERCLAIM) OF ANY TYPE IN WHICH THEY ARE PARTIES AS TO ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT."

 

19. Headings

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

 

20. IP Analysis / Snapshots

The IP analysis are made with tools and the rights from Patsnap (UK). Under no circumstances, will Patsnap (UK) Limited and or Luger Research e.U., its employees, partners, or agents, be liable to you or any third party for any decision made or action taken in reliance on the information in this report or for any consequential, special or similar damages, even if advised of the possibility of such damages.

 

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