Terms and Conditions
NUANCE AUDIO™ WEBSITE
TERMS AND CONDITIONS
(EFFETIVE FROM 28 JULY 2025)
IMPORTANT
This is an agreement between you (“You”, the “User”) and Luxottica Group S.p.A., with registered office at Piazzale Luigi Cadorna 3, 20123 Milan, as well as its parent companies, subsidiaries, affiliates, representatives, officers and directors (collectively, “Luxottica”, “we”, “us” or “our”), as owner of the website www.nuanceaudio.com (the “Website”).
The User is required to read these terms and conditions of use (“T&CsU”) carefully before registering on the Website and using it. Luxottica reserves the right to modify these T&CsU at any time, by publishing the updated version. By using or continuing to use our Website, the User agrees to be bound by the T&CsU in force at the time of such use. The use of this Website is expressly conditional upon acceptance of these T&CsU.
LICENCE AGREEMENT.
Luxottica hereby grants you a personal, revocable, limited, non-exclusive and non-transferable license to use the Website solely for your personal use; therefore, any activities related to a commercial, entrepreneurial or professional activity, provided that you comply with the terms of these T&CsU, is excluded. Notwithstanding the foregoing, you are not authorised to modify, translate, decompile, create derivative works, copy, distribute, disassemble, broadcast, transmit, publish, delete or alter any notice or sign of ownership, license, grant a sub-licence, transfer, sell, create a mirror, frame, exploit, rent, lease, grant security or use the Website in any other way not expressly authorised herein.
USER REPRESENTATIONS.
By purchasing Nuance Audio™ glasses, by registering or using the Website, you represent that you are at least eighteen (18) years of age. In addition, you agree to comply with all applicable laws and regulations governing your use of the Website.
INTELLECTUAL PROPERTY RIGHTS.
These T&CsU only provide a limited licence to access and use the Website. Accordingly, you expressly acknowledge and agree that Luxottica does not transfer, to you or to any other person, any intellectual property, or interest therein, or title on and to the Website. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programmes, software, products, information and documentation, as well as the design, structure, selection, coordination, expression, look and feel, and arrangement of all content appearing on or available through the Website, unless otherwise specified, are owned, controlled and licensed by Luxottica. The Nuance Audio™ logos, and all other names, logos and icons identifying Nuance Audio™ eyewear and its products and services, are trademarks owned by Luxottica. Any use of these trademarks, in particular as domain names, account identifiers or search terms is strictly prohibited in the absence of express written authorisation. Other product names, company names or logos mentioned or displayed on or via the Website may be trademarks and/or service marks of third parties, and they belong to their respective owners.
LIMITATIONS.
You agree not to modify, distribute, disclose or create derivative works based, in whole or in part, on the Website. You may not (and do not authorise any third party to) sub-licence, rent, sell, distribute, circulate, provide, transform, decode, decompile, disassemble, reverse engineer, create derivative works from, modify or translate the Website, or in any way reproduce, copy, use or feed the Website, or any part thereof, in any other way, except as expressly permitted herein or in accordance with public policy. You acknowledge and agree that the acquisition of any content or data through the Website is your sole responsibility, and that you are solely liable for any system damage or loss of data caused by the use of the service, even indirectly.
PRIVACY POLICY.
We invite you to consult Luxottica’s Privacy Policy for the Website, available on our website, to understand how we collect and process Identifiable Data (“ID”) adopted by Luxottica. By using and accessing the Website, the User acknowledges, accepts and consents to our procedures for collecting and using ID, as described in our Privacy Policy.
DISCLAIMER AND SEVERABILITY.
Luxottica shall not be held liable for any errors and/or interruptions in the operation of the Website that cannot be attributed to it. Luxottica does not warrant or represent that the User will not suffer any direct, indirect, incidental or consequential damage arising out of the use of, or inability to use, the Website for any reason whatsoever beyond the Luxottica’s control. Furthermore, Luxottica shall not be held liable for any damage resulting from any malfunctioning concerning operators of Electronic Communication Services having entered into an agreement with the User. Luxottica does not guarantee the use, operation or results obtained from the use of the Website. The Website (and any part thereof), including, without limitation, the content, data and information associated with it, is provided “as is” and “as available”, without any warranty whatsoever. Luxottica may, at its sole discretion and without any obligation to do so, rectify, amend, improve or make any other changes to the Website at any time, without being required to notify the User. The User is required to follow the instructions for use set out in these T&CsU. Luxottica shall not be liable for any damage, direct or indirect, resulting from inappropriate use of the Website, by the User or by third parties.
LINKS TO OTHER WEBSITES.
Our Website may facilitate access to other websites. Luxottica expressly disclaims any responsibility for the content, materials, accuracy of information and/or quality of products or services provided by, available through, or advertised on such third-party websites (“Third-Party Websites”).
INDEMNIFICATION.
By using the Website, you agree to defend, indemnify and hold Luxottica and its parent and affiliated companies, and their directors, employees and agents, harmless against any loss, damage, liability, cost, expense (including legal fees) claimed by any third party and arising out of: (i) your use of and access to the Website; (ii) any content posted by the User; (iii) your breach of any of these T&CsU; and (iii) your breach of any third party’s rights, including, without limitation, any proprietary, privacy or intellectual property rights. This indemnification will survive the duration of your use of the Website.
ENFORCEMENT.
You acknowledge that any breach, threatened or actual, of these T&CsU will cause irreparable harm to Luxottica; such harm would not be quantifiable in terms of monetary damages, and Luxottica would not have an adequate legal remedy. Therefore, you agree that Luxottica shall have the right, in addition to other available remedies, to seek and obtain injunctive or other appropriate equitable relief from a court of competent jurisdiction, to prevent any threatened or actual breach of your obligations under any provision of these T&CsU.
TERM AND TERMINATION.
These T&CsU will terminate immediately and automatically upon notice from us to that effect, if the User does not comply with these T&CsU. You may also terminate the T&CsU at any time by ceasing all use of the Website. Your obligations hereunder shall survive termination of these T&CsU for any reason whatsoever.
WAIVER AND SEVERABILITY.
Failure to insist on the strict performance of any provisions of these T&CsU shall not constitute a waiver of any subsequent breach or failure to perform. If any provision of these T&CsU is held invalid or unenforceable by applicable law or court decision, including, but not limited to, the disclaimers and limitations of liability set forth above, the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most clearly matches the original provision’s intent, and the remainder of these T&CsU shall keep their full force and effect.
APPLICABLE LAW AND JURISDICTION.
This agreement and all rights and obligations of the parties shall be governed by and construed in accordance with the laws of Italy, without taking into account conflict of law provisions, and without prejudice to your rights under other applicable laws, which cannot otherwise be excluded.
INDEPENDENT PARTY.
You are an independent party. No joint venture, partnership, employment or agency relationship exists between you and Luxottica as a result of these T&CsU or your use of the Website.
ENTIRE AGREEMENT.
These T&CsU, the additional policies and any other agreements or terms concerning the services, information or licenses available on the Website, all of which are incorporated herein by reference as if set forth in their entirety, represent the entire agreement between you and Luxottica with respect to the use of the Website, and supersede all prior or concomitant communications and proposals, whether in electronic, oral or written form, between you and Luxottica with respect to the Website.
NO ASSIGNMENT.
You may not assign or transfer any rights under these T&CsU without Luxottica’s prior written consent.
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