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Terms of Use for Lucina Egg Donor Gallery

Terms and Conditions of Lucina Egg Bank’s Egg Donor Gallery Usage

Before using Lucina Egg Bank’s Egg Donor Gallery website  and its services, you must read these terms and conditions carefully. By using the site and/or the services, you agree to accept these terms and conditions.

If you do not accept these terms and conditions, you may not use the site and/or the services offered.

Lucina Egg Bank may terminate this Agreement, without prior notice and without having to refund any portion of any fees paid, if the user’s actions are deemed violating the terms and conditions furnished in this Agreement.

Contact Information

For any more information or questions about our terms and conditions or how the terms and conditions apply to you, please contact us using the information furnished below.

Lucina EggBank
3661 Valley Centre Dr., Suite 160
San Diego, CA 92130
Tel. +1 858-345-3274
Fax. 858-345-3278
Email: info@lucinaeggbank.com

Account Creation Terms

  1. Accounts registered and created by “bots” or other automated methods will not be allowed to operate. 
  2. You are solely responsible for maintaining the security of your account and password. Lucina Egg Bank cannot and will not be liable for any loss or damage that is caused by your failure to comply with this security obligation. 
  3. You are solely responsible for all contents posted and activities that occur under your account. You may not use the subscribed services for any illegal or unauthorized purpose. You must not, in the use of the Subscription Services, violate any laws in your jurisdiction (including, but not limited to, copyright laws). 

Support

Support is available Monday through Friday from 9am–5pm Pacific Standard Time (PST), excluding US bank holidays. Support is available through email and application chat. Expected turnaround time is 1–2 hours.

Exclusions

An error or problem that is caused by something beyond our control (i.e., if a customer is unable to connect to the internet, using the system in a manner it was not designed for, using unsupported browsers, or other hardware issues) is not considered as critical support and may be addressed at our discretion.

Onboarding and Set-Up

  • Onboarding/set-up support is guaranteed during the first thirty (30) days of your account creation. To extend the onboarding support time period, is completely in the discretion of Lucina Egg Bank. 
  • Lucina Egg Bank can not guarantee same-day appointments. It is at our discretion and is considered based on availability of assigned coordinators. 
  • Users have access to chat and email support throughout the duration of their subscription. 
  • Chat response time varies depending on the availability of our team. 
  • Chat representatives will often direct to or reference our knowledge resources when answering questions.
  • Lucina Egg Bank follows a zero tolerance policy towards any form of harassment (verbal or written) when communicating with a support member.  
  • Lucina Egg Bank has the right to suspend or terminate a user’s account, cancel onboarding, and refuse any and all current or future use of the services if any policy or regulation is violated.  
  • Customers may use our general support email, info@lucinaeggbank.com. 

Prohibited Actions/Usage

By using our services, you agree to not engage in any inappropriate activities, which include, but are not limited to, the following:

  • Create a false identity to mislead others
  • Use the service to fulfill surveys, contests, chain letters, junk email, spamming, or any other duplicative or unsolicited email messaging 
  • Do not violate our accepted use policy, which is part of this agreement.
  • Do not violate our anti-spam policy, which is included in this agreement
  • Collect any information about other members or users without their prior consent
  • Attempt to gain unauthorized access to our systems through any means or attempt to breach any protections or security systems.
  • Publish, distribute, or disseminate any contents deemed inappropriate, profane, indecent, defamatory, infringing, obscene, or unlawful by applicable law or regulations
  • Offer pornography, illegal goods and/or services, sexually explicit content, and any other content type that may be identified by Lucina Egg Bank at a later date.
  • Transmit or upload any content/material that violates intellectual property laws, trademark and copyright laws, or rights of privacy, unless you own or control the rights to the material, or have obtained the necessary permission. 

Accepted Use of Intellectual Property and Platform

All contents (images and information) furnished in the Lucina Egg Bank’s Egg Donor gallery  are intellectual property and proprietary materials of Lucina Egg Bank copyrighted under the Copyright Act of 1976.

Users may view, download, email the contents furnished in the Egg Donor gallery after agreeing to the terms and conditions. 

Users, account owners or any other visitor shall not,  

  1. License, sublicense, sell, resell, transfer, assign, otherwise commercially exploit the contents furnished in the Egg Donor gallery or make them available to any unauthorized third party
  2. Mass distribute or public display the contents furnished in the Egg Donor gallery without written authorization 
  3. Modify or make derivative works based upon the contents furnished in the Egg Donor gallery 
  4. Create “frame” or “mirror” of the platform and the contents furnished in the Egg Donor gallery
  5. Interfere with or disrupt the integrity or performance of the platform or the contents furnished in the Egg Donor gallery
  6. Share or provide access to or use of the platform and the contents furnished in the Egg Donor gallery to anyone else.

Violating these terms may attract account suspension and legal intervention pursuant to U.S. laws and regulations.

The contents furnished in the Egg Donor gallery are made available for users to improve their experience and help them overcome their obstacles only and not for entertainment.

Anti-Spam Provision

A spam can be considered, the unsolicited bulk email. Here, “unsolicited” means the recipient has not granted the sender affirmative consent ( or permission) to email them and “bulk” means the message is sent as part of a larger collection of messages, all having similar contents.

You may not use the Lucina Egg Bank services to send unsolicited bulk email, for commercial or non-commercial purposes.

An unsubscribe or opt-out option will be automatically appended to every email sent via Lucina Egg Bank’s Egg Donor gallery. In the event a user violates the usage rules, Lucina Egg Bank reserves the right to suspend or terminate, without notice, access to the user’s account and all related data.

Policy Enforcement

Lucina Egg Bank has a zero-tolerance spam policy. The measures we take to enforce our policy include, but are not limited to:

  • Monitor use of the system for any large increases in emails sent
  • Record of every email sent through the system is saved 
  • Customers found to be using Lucina Egg Bank’s services for spam will be immediately barred from using the services. 
  • We maintain the IP address and dates subscribed for every new subscriber.
  • All emails, whether text or HTML, contain a mandatory unsubscribe/opt-out link at the bottom of the message. This link cannot be removed. 

Procedure for Handling Complaints

Your account will be immediately terminated if we determine that you send spam. To determine whether you have sent spam we will:

  • Review the content of the message in dispute
  • Review your recipient list for patterns
  • Review the spam complaint
  • View the records to see the recipient’s IP address and the time they receive the email

Privacy Disclosure

We respect your privacy and are committed to safeguarding it. When a user creates an account with Lucina Egg Bank’s Egg Donor gallery, we collect and retain various user information such as name, email address, IP address, location information, cookie information and other personal information as expressed in our Privacy Policy. The information is used for improving your experience on the platform and catering our services in an efficient way.

We encourage going through our Privacy Policy to learn more about our policies and practices regarding your privacy. 

Compliance to Laws and Regulations

You will represent and warrant that your use of Lucina Egg Bank services will comply with all applicable laws and regulations. You’re solely responsible to determine whether our services/products are suitable for you in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to any of these regulations, we won’t be liable if our services don’t meet those requirements. You may not use our services for any unlawful or discriminatory activities.

Users located in the European Economic Area (EEA) represent and warrant that in using Lucina Egg Bank they will:

  1. Clearly describe in writing how they plan to use any services offered by Lucina Egg Bank. 
  2. Get express consent to transfer data to Lucina Egg Bank and be processed, and otherwise comply with any privacy policy they have posted. 
  3. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where they are sending any form of email through Lucina Egg Bank. 
  4. Have the necessary permission to allow Lucina Egg Bank to receive and process data and send communications with the user. 
  5. Agree to indemnify and hold Lucina Egg Bank harmless from any losses, including attorney fees, that result from their breach of any part of these warranties.

Notice of Breach Security

In an instance where a security breach causes an unauthorized intrusion into our system that affects you, Lucina Egg Bank will notify you within 72 hours of learning about it, unless the affected data was anonymized or encrypted, and later report the action we took in response.

Cancelation and Termination

Lucina Egg Bank has the sole discretion and right to suspend or terminate your account. and refuse any and all current or future use of the services, for any reason, at any time. Such termination of the services may also result in the deletion of your Account.

Lucina Egg Bank reserves the right to refuse service to anyone for any reason at any time. 

Modifications to the Services and Prices

Lucina Egg Bank reserves the full right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the services (or any part thereof) and the pricing mentioned with or without notice.

Copyright and Content Ownership

As per the policies, your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action, whether against you or Lucina Egg Bank or another third party (in each case, under any applicable law).

You must not submit any user content to the website that is or has been the subject of any threatened or actual legal proceedings.

Lucina Egg Bank reserves the right to edit or remove any material submitted to this website, or stored on its servers.

No Warranties

Lucina Egg Bank makes no representations or warranties in relation to this website, how it impacts you.

Lucina Egg Bank does not warrant that:

  • This website and its services will help you achieve parenthood 
  • This website will be constantly available or available at all 

If you require advice related to any legal, financial, or medical matter, you should consult an appropriate professional.

Limitations of Liability

Lucina Egg Bank will not be liable to you:

  • To the extent that the website is provided for any direct losses 
  • For any indirect, special, or consequential losses 
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data 

These limitations of liability apply, even if Lucina Egg Bank has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit the liability of Lucina Egg Bank Inc. in respect of any:

  • Death or personal injury caused by the negligence of Lucina Egg Bank or its agents, employees or shareholders/owners;
  • Fraud or fraudulent misrepresentation on the part of Lucina Egg Bank

Indemnity

You hereby indemnify Lucina Egg Bank and undertake to keep Lucina Egg Bank indemnified against any losses, damages, costs, liabilities, and expenses (including, without limitation, legal expenses and any amounts paid by Lucina Egg Bank to a third party in settlement of a claim or dispute on the advice of Lucina Egg Bank’s legal advisers) incurred or suffered by Lucina Egg Bank arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these Terms and Conditions

Without prejudice to Lucina Egg Bank’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Lucina Egg Bank may take such action as Lucina Egg Bank’ authority deems appropriate to deal with the breach. This includes suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, and/or bringing court proceedings against you.

Variation

It is at the discretion of Lucina Egg Bank to revise these terms and conditions from time to time. The revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. We encourage checking this page regularly to ensure you are familiar with the current version.

Assignment

Lucina Egg Bank may choose to transfer, sub-contract, or otherwise deal with Lucina Egg Bank’ rights and/or obligations under these terms and conditions without notifying you or obtaining user’s your consent.

Users may not transfer, sub-contract, or otherwise deal with their rights and/or obligations under these terms and conditions.

Severability

If a provision in these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

Entire Agreement

These terms and conditions, along with Lucina Egg Bank’s Privacy Policy, constitute the entire agreement between user/subscriber and Lucina Egg Bank, in relation to the user’s use of this website, and supersedes all previous agreements in respect of the user’s use of this website.

EU/EEA Data Processing

Lucina Egg Bank follows the Standard Contracting Clauses regarding the collection, use, and retention of personal data transferred from the European Economic Area to the U.S. For additional details, see our Privacy Policy. Lucina Egg Bank also complies with GDPR when processing any personal data as part of customer data that is subject to the General Data Protection Regulation (GDPR) on the user’s behalf.

Survivability

Even when this Agreement is terminated, the following sections will continue to apply:

  1. Accepted Use of Intellectual Property and Platform 
  2. Compliance to Laws and Regulations 
  3. No Warranties
  4. Limitation of Liability
  5. Modifications to the Services and Prices
  6. Copyright and Content Ownership
  7. Variation
  8. Indemnity
  9. Severability
  10. Entire Agreement

Lucina Egg Bank

3661 Valley Centre Dr., Suite 160
San Diego, CA 92130

Tel. 858-345-3274
Fax. 858-345-3278
info@lucinaeggbank.com

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