LUMICARDS Statement of Terms and Conditions
The LUMICARDS website and all its iOS* and Android* versions ("LUMICARDS Service" or “Service”) are hosted services operated by LUMICARDS LLC. (“LUMICARDS”). Using or accessing the LUMICARDS Services is subject to this Statement of Terms and Conditions ("Statement"), and your use of the Service will constitute your acceptance of Statement. References to “us,” “we,” and “our” in this Statement mean LUMICARDS LLC.
Because LUMICARDS provides various services to different types of member, we may ask you to review and agree supplemental terms that apply to your usage of a specific product or service. To the extent those supplemental terms conflict with this Statement, the supplemental terms associated with the product or service govern with respect to your use of such product or service to the extent of the conflict.
1. Registration Requirements
All users of LUMICARDS Service (“Users”) must register with LUMICARDS by providing their real names and information to become members and open up user accounts. LUMICARDS limits information gathering from Users to minimum, however it is essential for users to provide real names and information, because they are used by schools, other organizations and other members that also use LUMICARDS Service. Without real names and information, Users will not be able to use LUMICARDS Service properly. For children under 13, LUMICARDS requires parental consent to become member and open user account.
2. User Representation
By using the Service, you represent and warrant that
(a) you submit and maintain truthful and accurate personal information without any false information;
(b) you will not create more than one personal account for yourself and one account for each of your child or a child under your guardianship;
(c) you will not create an account for anyone other than yourself and your child without permission from us;
(d) you will not transfer your account (excluding any group(s) that you want to transfer) to anyone;
(e) you will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
(f) your use of the Service does not violate any applicable law or regulation in your legal jurisdiction.
3. Security of Your LUMICARDS Account and Data
We do our best to keep LUMICARDS system and user accounts safe, but we cannot guarantee it. You are also responsible for maintaining the security of your account and data and for all activities that occur under your and your child’s accounts (“Your Accounts and Data”). You must immediately notify LUMICARDS of any unauthorized uses of Your Accounts and Data or any other breaches of security. LUMICARDS will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4. Appropriate Content and Activity
You are entirely responsible for the content and the negative consequences from the content that you created or uploaded to LUMICARDS and your uses of the content. You should not create or upload any content that might jeopardize LUMICARDS and Users. Any content or activity that harms LUMICARDS, Users, its members and any other public interest are prohibited on LUMICARDS. LUMICARDS reserves the right to investigate and take appropriate legal action against user who violates this provision, including without limitation, removing the offending content from the Service, terminating the accounts of such violators, and reporting to law enforcement authorities. Prohibited content and activity include, but are not limited to:
(a) computer virus, malware or spyware, or instruction of creating these malwares.
(b) uploading anything that could disable, overburden, or impair the proper working or appearance of LUMICARDS;
(c) circumventing or modifying any security technology or software of LUMICARDS or any other users’ computer system;
(d) impersonating another user, person or entity;
(e) using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
(f) promoting violence, defame, racism, bigotry, hatred, exploitation or physical harm against any group or individual;
(g) bullying, stalking, harassing or advocating these activities to any group or individual;
(h) anything that contains sexually suggestive, child pornography, mature content or nudity;
(i) violating privacy rights or publicity rights any person without that person's consent;
(j) violating copyrights, patent, trademark of any group or individual or constituting theft of trade secrets;
(k) constituting false, misleading information, fraud or violation of laws;
(l) promoting drug dealing, gambling, illegal or criminal activities or provides instructional information about illegal activities;
(m) soliciting personal or account information for commercial or unlawful purposes from other members or users;
(n) involving the transmission of "junk mail" or "spamming"; or
(o) involving commercial activities and/or sales such as advertising or pyramid schemes without prior written consent from LUMICARDS.
5. Removal of Content
LUMICARDS can remove any content or information you uploaded on LUMICARDS if we believe that it violates this Statement or any applicable law. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
6. Users Responsibility of Taking Precautions
LUMICARDS has not reviewed, and cannot review, all of the material posted to LUMICARDS Service, and cannot therefore be responsible for that material's content or use. By operating the Service, LUMICARDS does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. Despite LUMICARDS’ prohibition policy some information on LUMICARDS Service may contain content that is offensive or objectionable, as well as content containing inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is illegal. LUMICARDS disclaims any responsibility for any harm resulting from the use by users of the Service, or from any downloading by those users of content there posted.
7. Your Information and Content and IP License to Us
You own all of the content and information you create and post on LUMICARDS, and you can control how it is shared with other members and general public by designating where you post your content and information. Given the nature of LUMICARDS Service, your created and uploaded content is shared among group members and possibly general public unless the content is created and kept in your personal folder. For example, your information is always shared with group manager(s) when you join any group in LUMICARDS. For content that is covered by intellectual property rights, like documents, photos or videos (IP content) that is uploaded or posted on LUMICARDS Service other than your personal folder, you specifically give us the following permission and acknowledgement:
(a) Except the IP content that is declared otherwise, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on LUMICARDS (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
(b) When you delete IP content from LUMICARDS Service, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
(c) When you post your IP content or information to a group folder or LUMICARDS’ public services (i.e. Lesson Resource, Learning Resource), you are allowing everyone, including non-member, to access and use that information.
8. Link to Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which LUMICARDS and its members chose to link, and that link to LUMICARDS. LUMICARDS does not have any control over those non-LUMICARDS websites and webpages, and is not responsible for their contents or their use. By linking to a non-LUMICARDS website or webpage, LUMICARDS does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful content. LUMICARDS disclaims any responsibility for any harm resulting from your use of non-LUMICARDS websites and webpages.
9. Copyright Infringement
If you believe that any content located on or linked from LUMICARDS violates your copyright, you are encouraged to notify LUMICARDS. LUMICARDS will respond to all such notices, if determined as appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a member or user who repeatedly infringes the copyrights or other intellectual property rights of LUMICARDS or others, LUMICARDS may, in its discretion, terminate or deny access to and use of the Service.
10. Advertisement and Commercial Content
LUMICARDS delivers advertising and other commercial or sponsored content as a part of our business of delivering good services to Users and members. You give us permission to use your and your child’s (or children’s) name and information in connection with commercial or sponsored contents. You permit a business or other entity to pay us to provide your name and information, without any compensation to you. You also understand that we may not always indicate paid services and communications as such.
11. Mobile Devices
Although LUMICARDS does not separately charge for using our mobile services, please note that your phone or wireless carrier's may charge fees for data usage. In case you change your mobile device, you will delete your account information on old device to ensure that your information is not revealed to the person who acquires your old device. You provide consent and all rights necessary to enable you to sync (including through an application) your devices with any information that is visible to you on LUMICARDS website.
12. Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of LUMICARDS Service to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account on LUMICARDS at any time, however, you will continue to be bound to this Statement for the activities performed or the content you downloaded while your account was in force.
13. Limitation of warranty and liability of LUMICARDS
LUMICARDS trys to keep Service bug-free and safe, but you use it at your own risk. Except as otherwise expressly stated, all content posted to or available from the Service is provided "as is", and LUMICARDS makes no representations or without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. We do not guarantee that LUMICARDS will always be safe, secure or error-free or that LUMICARDS will always function without disruptions, delays or imperfections. You understand and agree that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk, and that LUMICARDS will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Although we provide rules for user conduct, we do not control or direct users' actions on LUMICARDS and are not responsible for the content or information users transmit or share on LUMICARDS. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on LUMICARDS. We are not responsible for the conduct, whether online or offline, of any user of LUMICARDS.
14. User Representation
You represent and warrant that your use of the Service will be in accordance with these terms and conditions of Statement, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
15. Indemnification.
You agree to defend, indemnify and hold harmless LUMICARDS, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Except as otherwise expressly stated, in no event will LUMICARDS be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if LUMICARDS was expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against LUMICARDS arising out of or related to use of the Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to LUMICARDS during the 12-month period prior to the date a claim is made.
16. Payments
If you make a payment on LUMICARDS, you agree to our Payments Terms.
17.Trademarks
LUMICARDS, LumiCards.com, the LumiCards.com logo, and all other trademarks, service marks, graphics and logos used in connection with LUMICARDS, or the Service are trademarks or registered trademarks of LUMICARDS LLC. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any LUMICARDS or third-party trademarks.
18. Amendments
The nature of Service, including without limitation all content there available and this Statement and other terms, may be changed at the sole discretion of LUMICARDS without notice. If we make changes to these, we may provide notice of the changes on the web page where this Statement is. Your continued use of the LUMICARDS Service, following the notice of the changes to Statement and other terms, constitutes your acceptance of our amended Statement or terms.
19. Other
This Statement makes up the entire agreement between the parties regarding LUMICARDS, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing LUMICARDS. Except to the extent applicable law, if any, any access to or use of the Service will be governed by the laws of the state of Arizona, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Maricopa County, Arizona.
* iOS is a registered trademark of Apple Inc., and Android is a registered trademark of Google Inc.
