These Terms apply to all users of the Lumicademy Services. Information provided by our users through the Lumicademy Services may contain links to third-party websites that are not owned or controlled by Lumicademy. Lumicademy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Lumicademy will not and cannot censor or edit the content of any third-party site. By using the Services, you expressly acknowledge and agree that Lumicademy shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
In order to access and use the features of the Services, you acknowledge and agree that you will have to provide Lumicademy with any one (or more, if you choose to) of the following to create your own Lumicademy account, (“Account”): Mobile phone number, email address, other instant message application unique identifier, and/or other social media profile, such as Facebook, Twitter, etc.; all of which comprise your Lumicademy Account unique identifiers (“Account Identifiers”). You understand and agree that in order to provide the Services, Lumicademy may occasionally request your permission to access your contact list and/or address book on your mobile device to find and keep track of Account Identifiers of other users of the Services. When providing your Account Identifiers you must provide accurate and complete information. You are solely responsible for the User Content and related Public Submissions (both defined below in the User Content section) that you submit and that are displayed for your Account on the Lumicademy Services. You must notify Lumicademy immediately of any breach of security or unauthorized use of your Account. Although Lumicademy will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Lumicademy or others due to such unauthorized use.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTES CLAUSE CONTAINED HEREIN, YOU AGREE THAT DISPUTES BETWEEN YOU AND LUMICADEMY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one Lumicademy Account.
You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ”terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to, and use of, the Services or any portion thereof.
You understand that you are responsible for all data charges you incur by using the Services, including downloading the mobile application. You also understand that your User Content may be viewable by others.
Also you agree to follow our General Content Guidelines below, which may be updated from time to time.
General Content Guidelines:
Don’t contact people who don’t want to be contacted by you—especially if you have previously been asked not to. We will block users who harass others.
Be reasonable about what you send and to whom you send it.
Don’t break the law. Don’t use Lumicademy for any illegal purposes whatsoever.
What not to do, use or represent in the Services:
- Nudity or sexually suggestive content involving minors (people under the age of 18)
- Minors engaged in activities that are physically dangerous and harmful
- Invasions of privacy
- Harassment or Bullying
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Lumicademy is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
The Lumicademy Services allow Lumicademy users to submit profile photos, or “selfies”, as part of User Content submitted by you, along with the automatic submission of your “last location” details from your mobile device location services, to create a public face to your Account (collectively, the “Public Submissions”). These Public Submissions are part of your User Content and may be hosted, shared, and/or published as part of the Lumicademy Services, and may be visible to other users of the Services. For clarity, direct messages, photos, or files that you send directly to other Lumicademy users will only be viewable by those Lumicademy user(s) or group(s) to whom you directly send such information; but Public Submissions may be globally viewed by Lumicademy users that have your Account Identifiers on their mobile device. Currently, we have no method of providing different levels of visibility of your Public Submissions among users that have your Account Identifiers – you acknowledge and agree that any Public Submissions may be globally viewed by users that have your Account Identifiers, so don’t submit or post profile photos, or allow locations services from your mobile device for Lumicademy, that you don’t want to be seen globally. As clarified in the following section, you retain your ownership rights in your Public Submissions. You understand that whether or not such Public Submissions are published, Lumicademy does not guarantee any confidentiality with respect to any Public Submissions’ content.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them. Because Lumicademy is only acting as a repository of data, Public Submissions do not necessarily represent the views or opinions of Lumicademy, and Lumicademy makes no guarantees as to the validity, accuracy or legal status of any of them. In connection with User Content, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Lumicademy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Public Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms. To be clear: you retain all of your ownership rights in your User Content but you have to have the rights in the first place. However, by submitting the User Content to Lumicademy, you hereby grant Lumicademy a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Lumicademy Services and Lumicademy’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Lumicademy Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your Account Identifier on the Lumicademy Services a non-exclusive license to access your Public Submissions through the Services. The foregoing license granted by you terminates once you remove or delete a Public Submissions from the Lumicademy Services.
In connection with User Content you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Lumicademy all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Lumicademy or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (viii) attempt to gain unauthorized access to the Services or its related systems or networks.
Lumicademy does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Lumicademy expressly disclaims any and all liability in connection with User Content. Lumicademy does not permit copyright infringing activities and infringement of intellectual property rights via its Services, and Lumicademy will remove all content and User Content if properly notified that such content or Public Submissions infringes on another’s intellectual property rights. Lumicademy reserves the right to remove content and User Content without prior notice. Lumicademy may also terminate a user’s access to the Services, if they are determined to be a repeat infringer, or for any or no reason, including just being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Public Submissions removed from the Services more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Lumicademy employees, agents, or subagents. Lumicademy also reserves the right to decide whether content or a Public Submissions is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law. Lumicademy may remove such User Content and/or terminate a User’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
You understand that when using the Lumicademy Services you will be exposed to User Content from a variety of sources, and that Lumicademy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content, and that such User Content is not the responsibility of Lumicademy. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Lumicademy with respect thereto, and agree to indemnify and hold Lumicademy, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Lumicademy Services.
Lumicademy permits you to link to materials on the Services for personal purposes only. Lumicademy reserves the right to discontinue any aspect of the Lumicademy Services at any time.
- The distribution, public performance, or public display of Lumicademy Content;
- Modifying or otherwise making any derivative uses of the Services or Lumicademy Content, or any portion thereof;
- Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
- Downloading (other than page caching) any portion of the Services, Lumicademy Content, or any information contained therein, except as expressly permitted on the Services;
- Accessing the Lumicademy API with an unauthorized or third-party client; and
- Any use of the Services or Lumicademy Content other than for their intended purposes.
- Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Compromise the security of the Services;
- Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
- Use or attempt to use another user’s Account without authorization;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us, or that we have endorsed you or any products or services, without our express written consent to do so;
- Engage in any harassing, intimidating, predatory, or stalking conduct;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Violate the publicity, privacy, or data-protection rights of others, including by introducing pictures of another individual as User Content without receiving that individual’s consent;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Lumicademy Account, or a Lumicademy username, without Lumicademy’s prior written consent;
- Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
- Send any lewd or pornographic material.
When you first create a Lumicademy Account, you may provide your mobile number to create your Account. You may also invite others who are not currently Lumicademy account holders to the Lumicademy Services. Please be aware that your carrier’s text messaging and data fees apply for mobile number verification and invitations to others who are not on the Lumicademy Service.
Modifications to the Services
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:
Attn: Lumicademy Legal
14630 Rio Rancho
San Diego, CA 92127
To be effective, any takedown notice submitted to our designated agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Lumicademy to locate the material.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For International Users
2. Limitation of Liability
3. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
- Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the Services of Lumicademy that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and Lumicademy are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Lumicademy, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
- Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Lumicademy, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Lumicademy.
- Waiver of Jury Trial. YOU AND LUMICADEMY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Lumicademy in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND LUMICADEMY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in San Diego County, California.
- Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Small Claims Court. Notwithstanding the foregoing, either you or Lumicademy may bring an individual action in small claims court.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in San Diego County, California, for such purpose.
- Survival. This Arbitration Agreement will survive the termination of your relationship with Lumicademy.
4. Forum and Venue