Terms of Service

AGREEMENT TO THESE TERMS OF SERVICE

This Terms of Service is a legal contract between you and Luminosity (“Luminosity“, “we“, “our“, “Software”), governing your use of software or services (“LuminosityLink Software”) owned, controlled or offered by Luminosity (collectively, the ”LuminosityLink Software“). PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY USING LUMINOSITYLINK SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE CEASE USING LUMINOSITYLINK SOFTWARE IMMEDIATELY.

You acknowledge and agree that this contract is only between you and Luminosity and not any of Luminosity’s partners, distributors, promoters or service providers (collectively, “Distributors”). Should you have any issue or claim with respect to the LuminosityLink Software, Luminosity, and not its Distributors, will be solely responsible for addressing the issue or claim. If you have obtained the LuminosityLink Software from one of Luminosity’s Distributors, you agree that any such Distributor will have no obligation or responsibility to provide you any warranty, maintenance and support services with respect to the LuminosityLink Software.

1. LICENSE GRANT

All LuminosityLink Software are licensed to you. Subject to the terms of this agreement, Luminosity grants you a personal, non-exclusive, non-transferable and non-sublicensable license to use the LuminosityLink Software solely for your personal or internal business purposes. You may use the LuminosityLink Software on one personal computer legally under your control, for your personal or internal business use. When you submit User Data to Luminosity, you hereby grant to Luminosity, a non-exclusive, royalty-free, worldwide license to distribute your User Data through the Luminosity Service on your behalf solely for the purpose of providing the service. With respect to any open source or third-party code that may be incorporated in the LuminosityLink Software, such open source code is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code.

2. RESERVATION OF RIGHTS

The LuminosityLink Software and all content, visual interfaces, information, graphics, design, compilation, computer code, products, software, trademarks, service marks, trade names and services are the property of Luminosity or its subsidiaries or affiliated companies and/or third-party licensors. Except for the express license granted to you, no right, title, interest or license to the LuminosityLink Software is granted to you, whether by implication, or otherwise.

3. RESTRICTIONS

You acknowledge and agree that you will not: (a) reproduce or attempt to reproduce the LuminosityLink Software; (b) modify, adapt, translate or create any derivative works of the LuminosityLink Software or attempt to do the foregoing; (c) attempt to circumvent or disable the LuminosityLink Software or any technology, features or measures in the LuminosityLink Software by any means or in any manner; (d) attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the LuminosityLink Software; (e) distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer, publish or disclose the LuminosityLink Software to any third party; or (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the LuminosityLink Software or used in connection with the LuminosityLink Software.

4. PAYMENTS AND LICENSING

All payments for Luminosity software as non-refundable. Our licensing system stores user-submitted data (Username, password, etc.) This information is stored encrypted and private. We do not share your information with third party services.

5. PRIVACY POLICY; COPPA Compliance; GUIDELINES TO INDIVIDUAL FEATURES AND SERVICES

Luminosity’s Privacy Policy is hereby incorporated into this Agreement by reference. Please read this Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By using this service, you consent to Luminosity’s collection and use of User Data as described in the policy in place at the time when data is collected.

When using Luminosity, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the ”Guidelines“), which are also hereby incorporated by reference into this Agreement.

6. MODIFICATION OF THIS AGREEMENT

Luminosity may modify this Terms of Service from time to time. Any and all changes to this Agreement will be posted on the Luminosity.Link site, and you agree to be bound by any changes to the Terms of Service when you continue to use the LuminosityLink Software after those changes are posted.

7. ACCOUNT INFORMATION

Luminosity will not be liable for any damages or liability resulting from your account information. You agree not to sell or transfer or allow another person to access your software license or LuminosityLink Software account.

8 . USAGE RULES; PROHIBITED CONDUCT & USES

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

1. use the LuminosityLink Software for any illegal purpose, or in violation of any laws, including, without limitation, laws governing intellectual property, data protection and privacy, and import or export control;

2. remove, circumvent, disable, damage or otherwise interfere with security-related features of the LuminosityLink Software, features that prevent or restrict use or copying of any content accessible through the LuminosityLink Software, or features that enforce limitations on use of the LuminosityLink Software;

3. intentionally interfere with or damage operation of the LuminosityLink Software or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

4. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;or

5. Install and/or use LuminosityLink Software on any computer which you do not have explicit permission to do so on;

9. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS

The LuminosityLink Software may include links to other web sites or services solely as a convenience to Users. Luminosity does not endorse or make any representations regarding any such linked sites or the any information or materials accessible through other linked sites. Luminosity disclaims all liability relating to your use of such linked sites.

10. GOVERNMENT END USERS.

If this LuminosityLink Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the LuminosityLink Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

11. EXPORT CONTROL.

The LuminosityLink Software originates in the United States, and is subject to United States export laws and regulations. The LuminosityLink Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the LuminosityLink Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the LuminosityLink Software and the LuminosityLink Software.

12. VIOLATIONS; TERMINATION

You agree that Luminosity may terminate or suspend your access to the LuminosityLink Software without prior notice and without liability if such termination or suspension is based on (a) Luminosity’s good faith belief you have violated any of the terms and conditions of this Agreement, (b) Luminosity’s determination that you distributed or shared the software with others, (c) any type of illegal use with respect to any of the LuminosityLink Software. These remedies are in addition to any other remedies Luminosity may have at law or in equity.

13. CONSUMER RIGHTS

You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit Luminosity to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any terms in relation to DISCLAIMERS: NO WARRANTIES, INDEMNIFICATION: HOLD HARMLESS, AND LIMITATION OF LIABILITY AND DAMAGES.

14. DISCLAIMERS; NO WARRANTIES

THE LUMINOSITYLINK SOFTWARE AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONNECTION WITH LUMINOSITY SOFTWARE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUMINOSITY, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF PROPRIETARY RIGHTS. LUMINOSITY AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LUMINOSITYLINK SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE LUMINOSITYLINK SOFTWARE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS OR THAT THE LUMINOSITYLINK SOFTWARE WILL MEET YOUR REQUIREMENTS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR DEVICE, LOSS OF USE, OR LOSS OF DATA.

15. INDEMNIFICATION; HOLD HARMLESS

You agree to indemnify, defend, and hold harmless Luminosity, its affiliated companies, and its suppliers and partners from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to (a) your use or misuse of the LuminosityLink Software, (b) any violation of the rights of any other person or entity by you, or (c) any breach or violation by you of this Agreement. Luminosity reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

16. LIMITATION OF LIABILITY AND DAMAGES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, LUMINOSITY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO YOUR USE OF THE LUMINOSITYLINK SOFTWARE, EVEN IF LUMINOSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.