Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Lumoza.com website (the “Website”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Website (collectively referred to as “Content”).
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

Generalities

  • You may use the Website only in compliance with these Terms, Privacy Policy and all applicable local, state, national, and international laws, rules and regulations. The most current version of these Terms is always available at http://lumoza.com/tos.html. The Terms may be revised at any time without prior notice to you. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms.
  • The services that Lumoza provides are always evolving and the form and nature of them may change without prior notice to you. Lumoza may stop (permanently or temporarily) providing the services (or any features within the Website) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
  • The Website may include advertisements, which may be targeted to the Content or information on the Website, queries made through the Website, or other information. The types and extent of advertising on the Website are subject to change. In consideration for Lumoza granting you access to and use of the Website, you agree that Lumoza and its third party providers and partners may place such advertising on the Website or in connection with the display of Content or information from the Website whether submitted by you or others.
  • The Website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
  • Any information that you provide to Lumoza is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Website you consent to the collection, processing and use (as set forth in the Privacy Policy) of this information.
  • As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Twitter account, which you may not be able to opt-out from receiving.

Your responsibility

  • You are responsible for your use of the Website, for any content you post to the Website, and for any consequences thereof.
  • You are responsible for safeguarding the password that you use to access the Website and for any actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
  • You alone are responsible for all Content that you originate, whether it is publicly posted or privately transmitted, for any consequences thereof, including the use of your Content by other users. You understand that your Content will be available to the Website users, to users of third-party websites or services and may be rebroadcasted on other media.
  • You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. If you do not have the right to submit Content to the Website, it may subject you to liability.
  • Any use or reliance on any Content or materials posted via the Website or obtained by you through the Website is at your own risk. We may not monitor or control the Content posted via the Website and, we cannot take responsibility for such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website. Under no circumstances will Lumoza be liable in any way for any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website or broadcast elsewhere.

Your rights and copyright policy

  • You retain your rights to any Content you submit to the Website. By submitting Content to the Website, you grant us a worldwide royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any media or distribution methods. You agree that this license includes the right for Lumoza to make such Content available to other companies, organizations or individuals who partner with Lumoza for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Lumoza, or other companies, organizations or individuals who partner with Lumoza, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
  • We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
  • We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Lumoza will also terminate a user’s account if the user is determined to be a repeat infringer.

Restrictions

You may not do any of the following while accessing or using the Website:

  • access, tamper with, or use non-public areas of the Website,
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures of the Website,
  • post or in any way use the Website to send altered, deceptive or false source-identifying information,
  • interfere with the access of any user, host or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Website, scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Website.

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Website and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, legal process or governmental request; enforce the Terms, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security or technical issues; or protect the rights, property or safety of the Website, its users and the public.

The Website is available “AS IS”

Your access to and use of the Website or any Content is at your own risk. You understand and agree that the services are provided to you “AS IS” and “AS AVAILABLE”. Without limiting the foregoing, LUMOZA AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Website or any content thereon. Lumoza will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website, or any Content. You also agree that Lumoza has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website. We make no warranty that the Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Limitation of liability

To the maximum extent permitted by applicable law, Lumoza and its employees and partners will not be liable for any direct or indirect damage including loss of profits, data, good-will or other losses, resulting from your use of or inability use the Website, any conduct or Content of any third party on the Website, any Content obtained from the Website, and unauthourized access, use or alteration of your transmissions or Content, whether Lumoza has been informed of the possibility of such damage or not, and even if a remedy set forth herein has failed of its essential purpose.