Terms of Service
This Terms of Service (the “Terms of Service”) between you and Lumina Media, LLC (“Lumina,” “we,” “us,” and/or “our”) sets forth the legally binding terms for (1) your use of the website located at petcha.com (or any successor website), any mobile website with similar features and functionality, any related applications, services, and tools, and any services, software, and applications made available through any of the foregoing (collectively, the “Site”) and (2) your use of any mobile application designed to provide features and functionality similar to the Site (the “Application;” and together with the Site, the “Service”).
Lumina may modify this Terms of Service at any time and such modification will be effective upon posting by Lumina on the Site. You agree to be bound by any changes to this Terms of Service when you use the Service after any such modification is posted. It is therefore important that you review this Terms of Service regularly to ensure you are updated as to any changes. If you do not agree with any of the terms of this Terms of Service, you must immediately discontinue your use of the Services.
- Lumina service
The Lumina Service provides a marketplace where users who wish to adopt a pet (“Consumers”) can connect with rescue or foster care organizations, breeders, or individuals who wish to find a home for a pet (collectively, “Pet Sources”). In addition, the Lumina Service enables users to compare and select various pet services, become more informed about how to care for pets, and share information and experiences with other pet owners.
- Interactions with Other Users.
Lumina does not get involved in any adoptions or other transactions between consumers and pet sources. Lumina bears no responsibility for any transactions or disputes that may occur between consumers and pet sources or for the condition of any pet. In addition, Lumina Media has no control over and does not guarantee the truth or accuracy of any information provided by pet sources or consumers and displayed on the service. You also understand that Lumina Media currently does not conduct criminal background checks or screenings on its users or attempt to verify the statements of its users. Notwithstanding the foregoing, Lumina reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records. Lumina makes no representations or warranties as to the conduct of users or their compatibility with any current or future users. You are solely responsible for your interactions with other users. You assume all of the above-mentioned risks. In no event will Lumina, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the service or meet in person, or if you decide to send money to another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. You agree to review and follow Lumina’s safety tips , located in the service, prior to using the service. You assume all of the above-mentioned risks.
- User Identity.
While using our Service, you may from time to time interact with a third party who is misrepresenting his/her/its identity or otherwise acting under false pretenses. Lumina does not and cannot confirm each user’s purported identity and is not responsible for any damage or loss resulting from misrepresentations of identity, including the theft or misuse of your identity. Lumina may attempt, but is under no obligation, to independently confirm a user’s purported identity.
- Pet Health.
The Service may from time to time contain information relating to the health, fitness or nutrition for pets. This material is provided is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use the information contained on the Service to diagnose a pet’s health, fitness, or nutritional problem or disease. You should always consult your own veterinarian and/or veterinary advisors.
- Compliance with Laws.
You agree not to use the Service, in whole or in part, for any purpose that is unlawful. The Service is subject to, and you agree that you will at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Service.
You understand and agree that the Service will include advertisements and that such advertisements are necessary for Lumina to provide the Service to you. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Lumina will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- Data Collection Policy.
All data generated by or collected from us or our users while visiting using our Service is our property. Any third party collecting or attempting to collect data from us or our users (a “Data Collector”) is hereby notified that it is subject to this paragraph. No party unaffiliated with us may collect or use, or direct, authorize or assist other persons or entities to collect or use, any data from a user, or a computer or device operated by a user, while accessing our Service without our prior express written permission. For example, no data may be collected, used or transferred for purposes of retargeting, behavioral remarketing, or targeting any advertisements, segment categorization or any form of syndication that is related to our Service, the content on our Service, or our users without our prior express written permission of in each instance. The data covered by this paragraph includes, but is not limited to, data collected via any advertising unit, widget, pixel tag, cookie, script or other data collection process.
- Support Services.
Lumina may, in its sole discretion, provide you with support services related to the Service or any portion thereof (“Support Services”). However, Lumina is not required to provide Support Services to you. No failure to provide, or to continue to provide, Support Services will be a default by Lumina under this Terms of Service.
Lumina reserves the right to (i) perform regular or planned or unplanned maintenance to the Service due to technology improvements or bugs, and you may or may not be notified of these changes before they occur and (ii) modify, update, or discontinue, temporarily or permanently, the Service (or any part thereof) at any time, with or without notice, in Lumina’ sole discretion. You agree that Lumina will not be liable to you or to any third party for any modification, update, or discontinuance of the Service. Notwithstanding the foregoing, Lumina has no obligation to maintain the material and services made available on the Service or to supply any corrections, updates, or releases in connection therewith.
Lumina currently does not charge a fee for the Service. Lumina reserves the right to begin charging a fee for the Service, or any portion of the Service, at any time and for any reason. If Lumina decides to charge for the Service, it will amend this Terms of Service to reflect the new fee, and the amended Terms of Service will be effective upon the posting of the new Terms of Service on the Site. Lumina will also provide existing customers with reasonable advance notice of any new fees and an opportunity to opt-out of the Service if they do not wish to pay such fees.
- Access to the service
- Age Eligibility.
You must be at least 18 years old (or the age of majority, as determined by the laws in the state in which you reside, whichever is older) to use the Service.
- Lack of Access.
Without limiting any other remedies available, we may at any time, with or without notice to you, and in our sole discretion, refuse to provide, limit, suspend, or terminate your use of the Service, your user account, and/or your activities on the Service and take any technical and legal steps to keep you from using our Service. This Terms of Service will remain in effect after any such action has been taken. You agree that Lumina will not be liable to you or any third-party for any limitation, suspension, or termination of your access to the Service. Your use of the Service is void where prohibited.
- Availability and Use Outside of the United States.
The Service is controlled from facilities in the United States. Lumina makes no representations that the Service or any portion thereof is appropriate or available for use in other locations. Those who access or use the Service or any portion thereof from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Age Eligibility.
- Setting up an account
- Account Data.
You may use large portions of the Service without registering for an account with Lumina. However, in order to take advantage of certain features on the Service (including posting comments, videos, photos, ratings, reviews or any other content on the Service, you must create an account on the Service (an “Account”). You can create an Account by providing specific registration information, including, without limitation, your name, physical address, user name, e-mail address, age range, pets owned,pet name, type of pet, pet description, pet photos/videos, other details about your pet, from what organization you acquired your pet
, password, and other personal preferences (collectively, the “Account Data”). By setting up an Account, you represent, warrant, and promise that (i) all Account Data is true and accurate; (ii) you will maintain and update such Account Data in order keep it current, true, and accurate; (iii) you are at least 18 years old (or the age of majority, as determined by the laws in the state in which you reside, whichever is older), (iv) your use of the Service does not violate any applicable law or regulation, and (v) you are not currently suspended by Lumina from using the Service.
- Ownership and Use of Account Data.
Lumina owns all Account Data submitted by you to Lumina; however, Lumina agrees to disclose and use the Account Data only in accordance with its
. You acknowledge, consent and agree that Lumina may access, preserve, and disclose your Account Data if required to do so by law or as necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Terms of Service; (iii) respond to claims that any User Content violates the rights of a third-party; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Lumina, its users, or the public.
You are only authorized to create and use one Account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. You may create an Account directly within the Service. You may also create an Account and log in to your Account using certain third party networking services that can be directly integrated into the Service. To take advantage of these features, you may have to register for or log into such third party services on the websites of the respective providers. In order to enable such third party services within the Service, you agree to allow us to pass your log-in information to these service providers. The Lumina
- Account Login Information.
When you create an Account with Lumina, you will also be asked to input account login information. You are entirely responsible for maintaining the confidentiality of such login information. You agree not to use the account login information of any other user or to disclose your account login information to any third party. You agree to notify Lumina immediately if you suspect any unauthorized use of your Account or any other breach of security within the Service. You are solely responsible for any and all use of your Account, and Lumina will not be liable for your losses caused by any unauthorized use of your Account. If you use a password that Lumina considers insecure, Lumina is entitled to require the password to be changed and/or terminate your account.
- Communications from Lumina.
By creating an Account with Lumina and providing Account Data to us, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our use of your Account Data to send you updates and communications about our products and services, changes to the Service, , service announcements, information about administrative matters, promotions, coupons, discounts, sweepstakes, special offers, or contests, advertising, or other messages. These Lumina communications may be in the form of e-mails, letters, or newsletters, to your physical address, text messages, or other electronic means.
- Account Data.
- User-generated content
You are solely responsible for (i) all descriptions, pictures of items, listings, files, images, photos, information, data, text, software, music, sound, graphics, videos, ratings reviews, user profiles, pet profiles, messages, works of authorship, or other materials that you upload, post, publish or display (hereinafter, “post”) or otherwise transmit to, through, or in connection with the Service (“User Content”), (ii) any other material or information that you transmit to other users of the Service, and (iii) your interactions with other users of the Service. Lumina does not endorse and has no control over the User Content you post on the Service. User Content is not necessarily reviewed by Lumina prior to posting and does not necessarily reflect the opinions or policies of Lumina. Lumina makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other users. Lumina assumes no responsibility for monitoring the Service for inappropriate User Content. If at any time Lumina chooses, in its sole discretion, to monitor the Service, Lumina nonetheless assumes no responsibility for the User Content (including, without limitation, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in the User Content), has no obligation to modify or remove any inappropriate User Content, and has no responsibility for the conduct of the user posting any such User Content. Notwithstanding the foregoing, Lumina may delete any User Content that, in the sole judgment of Lumina, violates this Terms of Service or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or for any other reason.
- Ratings and Reviews.
You represent, warrant, promise, and acknowledge that (i) all reviews and ratings you submit to the Service will be (a) based upon your actual first-hand experiences with the applicable service providers you are reviewing and (b) accurate, honest, truthful, and complete in all respects; (b) you do not work for, own any interest in, or serve on the board of directors of any of the service providers for which you submit reviews and ratings on the Service; (c) you are not in any way related (by blood, adoption or marriage, if the service provider is an individual) to any of the service providers for which you submit reviews or ratings on the Service; (d) you have not received any form of compensation to post reviews and ratings on the Service; (e) the reviews and ratings that you provide on the Service do not reflect the views of Lumina or its officers, managers, owners, employees, agents, designees or users. You agree that Lumina may establish general practices, policies and limits, which may or may not be published, concerning the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an Account, and the length of reviews and ratings sent.
By providing User Content to us or posting it on the Service, you represent and warrant that you own such User Content or otherwise have the right to grant us the license set forth in Section 4(c), that the User Content is accurate and not confidential and the submission, transmission, posting and use of your User Content on the Service is not in violation of any applicable laws or contractual restrictions or other third party rights (including, without limitation, privacy, publicity, and intellectual property rights). Your ownership in your User Content does not confer on you any rights of access to the Service nor any rights to the User Content stored by or on behalf of Lumina.
By providing your User Content to Lumina or otherwise submitting, transmitting, or displaying your User Content on or through the Service, you automatically grant (and you represent and warrant that you have the right to grant) to Lumina, and Lumina’s licensees, and their respective successors in business and assigns, officers, directors, employees, licensees, agents, representatives and other users of the Service, a worldwide, sublicenseable, assignable, perpetual, irrevocable, non-exclusive, royalty-free, unlimited right and license to use, reproduce, publish, distribute, publicly display and perform, reformat, adapt, modify and delete your User Content in connection with the Service in any medium now existing or hereinafter developed, and to use your user name and any personal information you submit with or contained within the User Content, without your prior approval or the payment of any compensation and without notice (“License”). This License will enable each user of the Service to access your User Content as permitted through the functionality of the Service and under this Terms of Service. This License includes the right to filter, modify or adapt your User Content in order to transmit, display or distribute it over computer networks and to allow third parties to access your User Content through the Service, as provided in this Terms of Service. By way of further explanation, Lumina would not be able to perform many of the Services we offer without your granting to Lumina these rights. As noted above, this License is non-exclusive (so you can license your User Content to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your User Content) and sublicenseable through multiple tiers (so that we can use our service providers or others to provide our Service).
- Storage, Disclosure, and Transmission.
You acknowledge and agree that Lumina may store your User Content and may also disclose your User Content if required to do so by law or in the good faith belief that such storage or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this Terms of Service; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Lumina, its users and the public. You understand that the technical processing and transmission of the Service, including your User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. It is possible for an outside website or a third party to re-post your User Content, and you agree to hold Lumina harmless for any dispute concerning such use. We reserve the right to withhold, remove and or discard any content stored by the Service, including any User Content that you or other users post on the Service, your usage history on the Service, registration information, login information or any other information, with or without notice, for any reason in our sole discretion. For avoidance of doubt, Lumina has no obligation to store, maintain or provide you a copy of any User Content that you or other users post on the Service, your usage history on the Service, registration information, login information or any other information. You acknowLumina that, notwithstanding any copyright or other rights you may have with respect to User Content, and notwithstanding any value attributed to such User Content or other data by you or any third party, Lumina DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE USER CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON ITS SERVERS.
- Prohibited content and activitiesYour use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of any User Content you post, and your conduct, on the Service. The following are examples of the kind of User Content and items that are illegal or prohibited to be posted on or through the Service. Lumina reserves the right to investigate and take appropriate legal action against anyone who, in Lumina’ sole discretion, violates any of these provisions, including, without limitation, removing the offending User Content or items from the Service, suspending or terminating the account of such violators, and reporting violators to the law enforcement authorities.
- Prohibited User Content includes, but is not limited to, User Content that in the sole discretion of Lumina:
- is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- contains hyperlinks, “hidden” keywords or keywords that are irrelevant to the Service or are otherwise misleading;
- involves any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity that requires an upfront or periodic payment, pays commissions only, or requires recruitment of other users, sub-distributors or sub-agents;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes;
- you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein;
- infringes or misappropriates any third party’s patent, trademark, service mark, copyright, moral rights, trade secrets or other intellectual property; or
- invades or violates any third party’s right to privacy.
- In addition, the following are examples of the kind of activity that is illegal or prohibited on the Service. Lumina reserves the right to investigate and take appropriate legal action against anyone who, in Lumina’ sole discretion, violates any of these provision, including, without limitation, suspending or terminating the account of such violators, and reporting violators to the law enforcement authorities. Prohibited activities include, without limitation:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of invalid data, worms, viruses or other harmful files, copyright, trademark, or patent infringement, or theft of trade secrets;
- transmitting any chain letters or junk email to other users and using any information obtained from the Service in order to directly contact, advertise to, solicit, or sell to any user outside the Service without such user’s prior explicit consent;
- any automated use of the system, such as using scripts to follow users or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
- attempting to impersonate another person or posting any third party’s information on the Service without permission;
- 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;
- selling or otherwise transferring your Lumina Account;
- aggregating, copying, or duplicating in any manner all or part of the Service or information available from the Service, without express written consent from Lumina;
- using any information obtained from the Service in order to harass, abuse, or harm another person;
- attempt to mislead others as to the identity of the sender or the origin of a review or rating or otherwise take any action that would undermine the review and rating process within the Service;
- accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Service on behalf of that person, such as posting blogs, Newsfeed items, or bulletins with a commercial purpose;
- using the Service in a manner inconsistent with any and all applicable laws and regulations;
- using or launching any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Service in a manner that sends more request messages to the Service servers than a human can reasonably produce in the same period by using a conventional on-line web browser;
- collecting or harvesting any personally identifiable information, including names or email addresses, from the Service, or use the Service for any commercial solicitation purposes without prior written consent from Lumina;
- renting, leasing, transferring, selling, reselling, or otherwise exploiting for any commercial purpose, any portion of or access to the Service;
- selling an item you do not have the right to sell; or
- advertising or offering to sell or buy any items other than those items intended to be sold and purchased through the Service.
- Prohibited User Content includes, but is not limited to, User Content that in the sole discretion of Lumina:
- Proprietary rights
- User Feedback.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information you provide to Lumina about the Service (“Submissions”) are non-confidential and Lumina will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Lumina Content.
The Service contains information, files, images, photos, video, sounds, musical works, works of authorship, and other materials created by or on behalf of Lumina and published by Lumina in connection with the Service (collectively, “Lumina Content”). Lumina solely owns all rights, title, and interest in and to the Lumina Content, including but not limited to graphics, design, compilation, computer code, products, Application, visual interfaces, interactive features, and all other elements and components of the Service. Lumina Content is protected by copyright, trademark, patent, trade secret and other laws, and Lumina owns or licenses and retains all rights in the Lumina Content and the Service. Lumina hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Lumina Content (excluding any software code) solely for your personal non-commercial use in connection with using the Service in accordance with this Terms of Service. You agree not to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, frame, scrape, rent, lease, loan, sell, or create derivative works based on any content posted on the Service by any other users, the Lumina Content, or the Service. Any use of the Service or the Lumina Content other than as specifically authorized herein is strictly prohibited. You agree not to reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service (including the Application). Any rights not expressly granted herein are reserved by Lumina.
- Limitations on Use of Service.
The Service and any portion thereof, including any Lumina Content contained therein, are intended for your personal, noncommercial use in accordance with this Terms of Service. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Lumina Content or Service, in any medium, without our prior written consent, or (ii) alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose. You will not use any automated devices, such as spiders, robots or data mining techniques, to catalog, download, store, reproduce, or distribute Lumina Content available on the Service or to manipulate the Service in any manner not consistent with its intended purpose(s). Illegal and/or unauthorized use of the Service, including collecting names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service is prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Service.
Certain graphics, logos, page headers, button icons, scripts, and service names located on the Service are trademarks, registered trademarks, or trade dress of Lumina (collectively the “Lumina Trademarks”). Lumina’s trademarks and trade dress may not be used in connection with any non-Lumina product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lumina. All other trademarks not owned by Lumina that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Lumina. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Lumina Trademarks or third-party trademarks or service marks displayed on the Service, without our prior written permission. All goodwill generated from the use of Lumina Trademarks will inure to Lumina’ exclusive benefit.
- User Feedback.
- Copyright policy
Lumina respects the legal rights of others, and we ask that our users do the same. Lumina has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (“DMCA”) and avails itself of the protections under the DMCA. It is the policy of Lumina to terminate the right of a user to use the Service if such user repeatedly infringes the copyright rights of others upon receipt of prompt notification to Lumina by the copyright owner or the copyright owner’s legal agent.
- Infringement Notice.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, to comply with the DMCA, you must provide Lumina’ designated copyright agent set forth below with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please note that this procedure is exclusively for notifying Lumina that your copyrighted material has been infringed.
We may provide a user with notice that we have removed or disabled access to certain content by means of a general notice on the Site, electronic mail to the user’s e-mail address in our records, or by written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to Lumina’ designated copyright agent set forth below that includes the information below. To be effective under the DMCA, the counter-notification must be a written communication that includes the following: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (d) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Lumina may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
- Copyright Agent.
Lumina’ copyright agent for notice of claims of copyright infringement can be contacted as follows:
Lumina Media, LLC
Attn: Copyright Agent
Irvine, CA 92618
- Other disclaimersLumina, its officers, agents, representatives, employees, and affiliates (collectively, “affiliates”) are not responsible for any incorrect or inaccurate content posted on the service, whether caused by users of the service, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the service.Lumina and its affiliates are not responsible for the conduct, whether online or offline, of any user of the site or the service, including, without limitation, for any user’s failure to pay a debt to another user. Under no circumstances will Lumina Media and its affiliates be responsible for any loss or damage, including lost data, lost information, personal injury or death, resulting from anyone’s use of the service, any content posted on the service or transmitted to users, or any interactions between or among users of the service, whether online or offline.
Lumina and its affiliates assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications on the service and are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof. Lumina and its affiliates are not responsible for any injury or damage to any computer equipment belonging to any user of the service or any other person related to or resulting from use of the service, viewing, playing or downloading any materials on or from the service, or otherwise in connection with the service.
The site, the service, and the items sold through the service are provided “as-is” and “as available” and, except as otherwise prohibited by applicable law, Lumina expressly disclaims any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, or that the service will be available at any particular time or location, uninterrupted or secure, or that any defects or errors will be corrected, or that the service are free of viruses or other harmful components. You expressly acknowledge and agree that your use of the service or any portion thereof is at your sole risk (including, without limitation, any loss of data or other damage to your computer or other device you experience from using the service) and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Lumina does not guarantee any specific results from your use of the service. If you are dissatisfied with any of part of the service or with the terms of this terms of service, your sole and exclusive remedy is to discontinue accessing and using the service.
The service may contain links to third-party websites that are not owned or controlled by Lumina Media. Lumina Media has no control over, and assumes no responsibility for, the content, policies, or practices of any third-party websites. You expressly relieve Lumina Media from any and all liability arising from your use of any third-party website or services. Lumina does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website, or featured in any banner or other advertising. Lumina will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Lumina may in its sole discretion, but is not obligated to, preview, review, screen, or remove content on the service. You may be exposed to content that is inaccurate, offensive, indecent, objectionable, infringing, and you hereby agree to waive any legal rights and remedies you may have against Lumina Media for such exposure.
- Lumina limitation of liabilityIn no event will Lumina and its affiliates be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, lost profit damages arising from your use of or inability to use the service, even if Lumina Media has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Lumina Media liability to you or any third party for any cause whatsoever and regardless of the form of the action, will at all times be limited to $50. The foregoing limitations of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
- Lumina indemnity and releaseYou agree to indemnify and hold Lumina, its parents, subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or relating to (a) your use of or access to the Service, (b) your breach of this Terms of Service or your violation of applicable law, (c) any User Content that you post on, or otherwise submit to, the Service, (d) your acts and omissions, or (e) your violation of the rights of any third party. Lumina reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Lumina and you agree to (i) cooperate with our defense of these claims and (ii) not to settle any matter without Lumina’ prior written consent. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Lumina or any of its suppliers, affiliates, partners, subsidiaries and employees.
- Resolution of disputes
- Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules, except that the Arbitration provision will be governed by the Federal Arbitration Act.
- Resolution of any Dispute.
In the event a dispute arises between you and Lumina, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer care department or e-mailing us at
. If, however, there is an issue that needs to be resolved, the following subsections describe how both of us will proceed.
- Timing of Dispute.
Any claim you may have with respect to the Service, or the content accessed through the Service, must be commenced within two (2) years after the claim arises or it will be barred.
- Limitation of Legal Remedies.
Instead of suing in court, you and Lumina Media each agree to arbitrate disputes on a bilateral (individual) basis. You and Lumina agree that any dispute, controversy or claim arising out of arising out of or relating to any aspect of our relationship, the content accessible from the Service, claims that may arise after the termination of your use of the Service, and claims related to marketing efforts, including complaints concerning unsolicited text messages, emails, and telemarketing calls (“Claim(s)”) that cannot be settled through the customer service department will be resolved by a single arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Terms of Service, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Orange County, California.
- Class Action Waiver.
We each agree that each of us are waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations under this Terms of Service will be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowLumina and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“Class Action Waiver”).
- Arbitration Procedures.
- Choice of Law.
This Agreement concerns a transaction in interstate commerce, and therefore will be governed by the United States Federal Arbitration Act, 9 U.S.C. Â§ 1 et seq (“FAA”). The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
All parties, including related third parties, will retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, will be resolved by binding arbitration, with the exception of any claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which claims or actions will not be subject to arbitration. Any appeal of a judgment from a small claims tribunal will be resolved by binding arbitration.
This arbitration provision will survive termination of this Agreement and the closing of your Account with Lumina.
If the application of any provision of this Terms of Service to any particular facts or circumstances will be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (i) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Terms of Service will not in any way be affected or impaired thereby and (ii) such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable; provided, however, that if, for some reason, the Class Action Waiver cannot be enforced, then the parties’ agreement to arbitrate under this Section 11 will not apply.
- Governing Law.
, available at
. By using the Service, you consent to our collection and use of personal data as outlined therein.
- Notification proceduresLumina may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to users via email, text message, written or hard copy notice, or through conspicuous posting of such notice on the Service, as determined by Lumina in its sole discretion. Lumina reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Terms of Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Mobile servicesIf Lumina permits or makes available to you the ability to: (a) upload User Content to the Service via your mobile telephone and/or tablet (‘mobile device”), (b) receive and reply to messages or access or make posts using text messaging, (c) browse the Service from your mobile device or (d) access features through a mobile application you have downloaded and installed on your mobile device (collectively “Mobile Services”), your mobile carrier’s standard data, Internet, messaging and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Lumina does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including but not limited to any roaming charges.
- Notice for California usersUnder California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- Miscellaneous termsThese Terms of Service constitute the entire agreement between you and Lumina and govern your use of the Service, superseding any prior agreements between you and Lumina with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. The failure of Lumina to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. This Terms of Service does not create third party beneficiary rights enforceable by any third party. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Terms of Service are for convenience only and have no legal or contractual effect.
- Questions?Please contact us at
to report any violations of this Terms of Service or to ask any questions you have regarding this Terms of Service.