The following terms of the EULA constitute an agreement between you and Retrolux, Inc., an Idaho Corporation, and its affiliates (the “Company”). The EULA governs your use of the Software and Services (as defined below).

THE SOFTWARE IS LICENSED, NOT SOLD. YOUR USE OF THE SOFTWARE (AS DEFINED BELOW) IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA. BY INSTALLING, USING OR ACCESSING THE COMPANY’S SERVICES AND ANY MATERIALS INCLUDED IN OR WITH THE COMPANY’S SERVICES YOU HEREBY ACCEPT THE TWEMS OF THIS EULA.

IF YOU DO NOT ACCEPT THE TERMS OF THIS EULA, DO NOT INSTALL, USE, OR ACCESS THE COMPANY’S SERVICES.

1. DEFINITIONS:

For purposes of this EULA:

1.1 “Software” means all of software programs distributed, published or otherwise made available by the Company including, but not limited to, mobile content, downloadable/installable programs and programs accessible by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging, and other written files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.

1.2 “Services” means all services made available by the Company, including but not limited to services accessed through mobile content, by means of a browser or by other online communication method.

2. LICENSES

2.1 Software License. Subject to this EULA and its terms and conditions, the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal use, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

2.2 Service License. Subject to this EULA and its terms and conditions, the Company hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by the Company, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.

2.3 License Term. The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software or Services or the Company’s termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.

2.4 Ownership; No Other Licenses. The Company retains all rights, title and interest in the Company’s Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, settings, artwork, and any other rights not mentioned or registered or not and all applications thereof. The Company’s Services are protected by applicable laws and treaties throughout the United States and the world. Unless expressly authorized by mandatory legislation, the Company’s Services may not be copies, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent of the Company. All rights not expressly granted to you herein are reserved by the Company.

3. THIRD PARTY SERVICE

The Company’s Services may include links to third party services and/or the third party services may be made available to you via the Company’s Services. The services of the third party provider may include, but are not limited to social media connectivity and other type services. Those services are subject to that respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.

4. GENERAL LICENSE CONDITIONS

You agree not to: (1) commercially exploit the Company’s Services; (2) distribute, lease, license, sell, rent, lend, convey or otherwise transferor assign the Company’s Services, any copies thereof, or any passwords or usernames of the Company’s Services, without the express prior written consent of the Company of as set forth in this EULA; (3) make a copy of the Company’s Services of any part thereof, including but not limited to Software (other than as set forth herein); (4) make the Company’s Services publicly available or available on the network for use of download by multiple users; (5) except as otherwise specifically provided by the Company’s Services or this EULA, use or installation of the Company’s Services (or permitting others to do the same) on a network, for on line use, or on more than one computer or other computing unit at the same time; (6) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Company’s Services, in whole or in part; (7) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Company’s Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (8) misrepresent the source of ownership of the Company’s Services; (9) transport, export or re-export (directly or indirectly) into any country forbidden to receive the Company’s Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (10) scrape, build databases or otherwise create permanent copies of content returned from the Company’s Services.

The Company’s Services may include measures to control access to the Company’s Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only the Company’s Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Services will not function properly.

The Services may allow you to create some content. In exchange for use of the Services and to the extent that you contributions through use of the Services gives rise to any copyright, design right or other intellectual or industrial property right you hereby grant the Company an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable right and license to use you created content in any way and for any purpose including, but not limited to the rights  to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws.

5. INFORMATION COLLECTION AND USE; PRIVACY POLICY

By installing, accessing or using the Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the United States of America or throughout the United States of America. The Company respects your privacy rights and recognizes the importance of protecting any information collected about you. The Company’s privacy policy is available on the Company’s website and is applicable to this EULA. The Company’s Privacy Policy defines how, and why and to which products and services the Company may collect and use personal data and information in relation to its products and services. By installing, accessing and using the Company’s Services you explicitly agree with the terms and conditions of the Company’s Privacy Policy and to any terms and conditions included therein by reference.

6. PAYMENTS AND PURCHASES OF VIRTUAL GOODS

The Company may license you certain virtual goods to be used with the Company’s Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software.

SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.

7. WARRANTY

7.1 Warranty for Physical Software Products. The Company warrants to you (if you are the initial and original purchaser of the Software) that, to the extent the Software is made available to you on a physical storage medium, the original storage medium holding the Software is free from defects in material and workmanship under normal use. Any implied warranties prescribed by statute are expressly limited to the warranty period described above.

7.2 No other Warranties. NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION 7.1 ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY’S SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8. OTHER TERMS AND CONDITIONS

8.1 Termination. This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any the Company’s Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.

8.2 Equitable Remedies. You hereby agree that if the terms of this EULA are not specifically observed, the Company will be irreparably damaged, and therefore you agree that the Company shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.

8.3 Miscellaneous. This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. The Company reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on the Company’s website. You will be deemed to have accepted such changes by continuing to use the Company Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

8.4 Governing Law And Dispute Resolution. This EULA will be governed by the laws of Idaho without reference to its choice of law rules.

If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this EULA or to interpret or enforce any rights under the EULA, the Company’s attorney’s fees will be covered by you.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT support@retrolux.com.

Retrolux, Inc., (the “we”, “us” and “our”) is committed to protecting all of our user’s privacy, and takes its responsibilities regarding the security of personal and corporate information very seriously. This policy explains how we use personal and corporate information and how we attempt to protect our user’s privacy. This privacy policy is incorporated by reference into our End User License Agreement.

1. Use of Personal and Corporate Information

While anyone may browse our public website pages for free, for access to the non-public pages of our website a user must register. We require certain user specific information in order to register. The information provided during the registration process allows us to better serve each user and keep our products working properly. We collect the details provided, together with information we learn about each user from his, her or its use of our service and visits to ours and other web sites. This information may include email addresses, postal addresses, and phone numbers. Further, the information collected might include information related to a user’s occupation or industry that he, she or it is a part of. We also collect information about the transactions users undertake. We do not consider information that is anonymous, information from which a third party would be unable to identify a specific individual or a company, as personal or corporate information.

Submitting personal and corporate information is voluntary, however access to nonpublic pages of our website may be conditional on registering. We may collect additional information in connection with user’s participation in any promotions or competitions offered by us and information a user provides when giving us feedback. When user visits our website we will collect certain information.

We will use your information to provide personalized service. Select pages on the website act as a social network. For those areas and uses of the website any information that is posted will be generally available and will not be protected. We may use the information provided to send offers and news about our products and services or those of other carefully selected companies which we think may be of interest. We may contact a user by post, email, telephone (including SMS) or fax for these purposes. Confirmation e-mails may include marketing material from us and third parties.

User data may be used for the following purposes:

• accounting;
• billing and audit;
• credit or other payment card verification and screening;
• safety;
• security;
• administrative and legal purposes;
• statistical and marketing analysis;
• systems testing;
• maintenance and development;
• customer surveys; and
• customer relations and to help us in any future dealings with you, for example, by identifying your requirements and preferences.

Once registered with home.retrolux.com, a user will be provided with access to a page that will allow it to tailor our commercial communications to its preferences. Each user will also be able to update any personal or corporate information it may have provided us during the registration process. Further, it will be able to unsubscribe to any promotional emails by following the unsubscribe link in any of our promotional email communications.

We like to receive feedback from our customers to help us improve our service. We may contact a user by post, e-mail, telephone or fax to ask for opinions.

Please note there may be instances where it may be necessary for us to communicate with a user for administrative or operational reasons.

We may also use and analyze the information that we collect so that we can administer, support, improve and develop our business.

The information that is provided to us will be held in our systems, which are located on our premises or those of an appointed third party. We may also allow access to information by other third parties who act for us for the purposes set out in this policy or for other purposes approved by each user.

2. Discussion Forums and Chat Rooms

Any information provided while visiting the blogs, discussion forums, or chat rooms on the site is available to others. We strongly discourage posting or discussing sensitive, personal or corporate information on these mediums because they are open to others.

3. Site Tracking

We use tracking software to monitor customer traffic patterns and site usage. This helps us develop the design and layout of the site to better meet the needs of visitors to home.retrolux.com. This software does not enable us to capture any identifying information.

4. Security to Protect User Information and Data Retention

When a user enters identifying information, those details are transmitted across the internet securely using high-grade encryption.

Furthermore, we follow strict security procedures in the storage and disclosure of information which has been given us, to prevent unauthorized access. Our security procedures mean that we may request proof of identity before we are able to disclose sensitive information.

In the circumstances set out in this policy, where we pass information to a third party, we will ensure that the security measures that such party has in place in relation to the processing of data are at least as stringent as those employed by us. This does not apply where we are required by law to pass personal or corporate information to a third party.

We will retain information for a reasonable period or as long as the law requires.

5. Cookies

Cookies are small pieces of information that are stored by a browser on a computer's hard drive. They enable us to provide features such as remembering aspects of recent search information to make subsequent searches faster. Cookies can be deleted from a hard drive if desired. Most web browsers automatically accept cookies, but a simple change on a browser’s settings can prevent this from automatically happening. Even without a cookie a user can use most of the features on the web site. Our cookies do not contain any personally identifying information.

Cookies are also used in email messages each user has agreed to receive and at our website to help us measure the effectiveness of our advertising and how visitors use our site. If a user does not want to help us learn how to improve our offers and marketing strategy, he, she or it can “opt-out” of these email cookies. By clicking on a link in the email, we may set a cookie on a browser.

If someone visits home.retrolux.com as a result of clicking on a link, we are able to understand how they interact with the pages of our website through the combination of the cookie and pixels set on the pages of our website. This enables us to understand what interested them in our emails and what did not, and what interests them about our website and what do not. We can then try to send more interesting information in the future. Please note that this information is for our use only – we do not disclose or share this information with any third parties. If you do not wish this to happen, you can change the cookie settings in your browser.

6. Use of Pixels

In order to understand how our customers interact with the emails and the content that we send, we use pixels in the email in order to understand who has opened the message. In order to provide our content in the most interesting way, we may also use pixels to learn whether the intended receiver can receive emails in text or html form.

7. Disclosure to Third Parties

From time to time, we make certain third party offers available through our site. If a user chooses to accept such an offer, we will disclose that user’s contact and billing information to the third party who made the offer available.

We may also provide the user’s information to a third party to comply with legal obligations, protect and defend our rights and property and with permission.

8. Children

Our website is not and will not target or solicit children. We will attempt to never knowingly obtain personal information from children by any means. For purposes of this policy, the term “children” means anyone under the age of 13 years old. If we obtain a child’s personal information we will delete that information. If you learn that your child has provided us with personal information you may alert us at info@retrolux.com.

9. User’s Consent

In using our website, each user consents to the collection and use of this information by us in the ways described above.

If you have any further questions in regards to our Privacy Policy or its implementation, please contact our customer services department. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and in what circumstances we disclose it.