Smart Lumies, Inc.
Last update: July 10, 2020
1.1. smartlumies.com ( the “Website”) is a website and online store owned and operated by Smart Lumies, Inc., a company registered in Delaware under registration no 08845212 and with our business office at 479 Jessie St, San Francisco, CA 94103 (“Smart Lumies”, “we”, “us” or “our”).
1.2. Our mobile APPlication software “Smart Lumies”, includes the data suPPlied with the software, and any associated media (the “APP”).
1.3. These TOU APPly to all use of the Website and the APP and form a legal agreement between you and Smart Lumies.
1.4. By using the Website and/or downloading or using the APP you confirm that you understand and accept (and are able to understand and accept) these TOU, and that you agree to be bound by them. If you are under the age of 18 or don’t understand these TOU, please ask a parent or guardian to explain their meaning to you. You must not use the Website if you are under 13.
1.5. You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices / tablets that are controlled (whether or not owned) by you (“Devices“) to download a copy of the APP onto the Devices. Both you and/or the Device owner may be charged by select service providers for internet access on the Devices. You accept responsibility in accordance with these TOU for the use of the APP on or in relation to any Device, whether or not it is owned by you.
1.6. We license use of the APP to you on the basis of these TOU and subject to any rules or policies APPlied by any APPstore provider or operator, including without limitation Google Play and Apple iTunes (“APP Store”), from which you downloaded the APP (“APP Store Terms”). We do not sell any proprietary rights of the APP to you. We remain the owners of the APP at all times.
1.7. We may make alterations to these TOU from time to time. Each revised version will state its effective date, which will be on or after the date posted by Smart Lumies. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date to give you notice. Notification will be provided through the Website user interface, or be sent to the email address associated with your account or otherwise; or you will be asked to opt-in or otherwise expressly agree to the changes or a version of these TOU incorporating the changes.
2. USERS AND VISITORS
2.1 Website Visitors. Registration is not required for our Website’s visitors (“Visitors”). Visitors may access the information provided on our Website freely. However, they are bound by our TOU.
2.2 Registered Users. Registration is optional for the use of our APP. During registration process, Users have to provide us with their e-mail, a username and password. Users may see our PP for more information regarding how we use the information that we collect from them. We reserve the right to reject any registration request at its sole discretion.
2.3 Once we receive your registration APPlication, we will create an account (“Account”) for you. Each Account is personal and non transferable. Your rights and obligations to Smart Lumies are also non transferable. You are responsible for maintaining the security of your password and account. You are fully responsible for all activities that occur under this account and any other actions taken in connection with this account. You must immediately notify Smart Lumies at email@example.com regarding any unauthorized uses of your account or any other breaches of security. Smart Lumies 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.
2.4 To prevent fraud and abuse, you are limited to one active account. Any additional accounts that are created to circumvent guidelines, promote competitive advantages, or mislead the Smart Lumies community shall be disabled. Mass account creation may result in disabling of all the related accounts.
Users and Visitors of our Website and APP are collectively referred to as “you” in these TOU and PP.
3. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS
3.1. You can use the Website solely for browsing and making purchases of our products. Purchases of products through the Website are subject to our E-Commerce Terms and Conditions, which are available here.
3.2. In consideration of you agreeing to abide by these TOU and your purchasing the APP from us, we grant you a non-transferable, non-exclusive licence to use the APP on the Devices subject to these terms, our PP and the APP Store Terms, which are hereby incorporated into these TOU by this reference. We reserve all other rights.
3.3. Unless otherwise specified, all copyright, design rights, database rights, patent rights, trademark and trade dress rights and other intellectual property rights in the Website and the APP belong to and vest in us, or are licensed to us.
3.4. The “Smart Lumies” logo is a trademark belonging to us. We give no permission for the use of this trademark and such use may constitute an infringement of our rights.
3.5. All third party trade names and trademarks are the property of their respective owners and we make no warranty or representation in relation to them.
4. RESTRICTIONS AND OBLIGATIONS
4.1. You agree to comply with these TOU and all rules APPlicable to the use of the Website and the APP.
4.2. You will not:
4.2.1. hack, modify, reverse engineer or create derivative works of the Website or the APP or any part of them;
4.2.2. gain unauthorised access to any part of the Website or the APP;
4.2.3. remove, modify or obscure any copyright, trademark or other proprietary notices on the Website or contained in the APP;
4.2.4. create software which replicates or mimics the data or functionality in the Website or APP;
4.2.5. use your access to the Website or APP for the sending of direct marketing;
4.2.6. make any part of the Website or APP available to a third party who does not agree to these TOU;
4.2.7. copy or exploit any part of the Website or APP or the content they contain (except where we expressly permit you to do so);
4.2.8. use the Website or APP or any part of them unfairly or for any illegal or immoral purpose; or
4.2.9. attempt to do any of the acts listed above.
5.1. We provide and maintain the Website and the APP on an “as is” basis and are liable only to provide our services with reasonable skill and care.
5.2. The APP has been developed to work on the latest version of Android and iOS at the time of its release. Apple, Google and other Android vendors may from time to time update their software, and we will endeavour, but shall not be obligated, to update the APP if APPlicable to ensure that its functionality and performance continues with updates. It is your obligation to ensure that you are using the latest public release of iOS or Android.
5.3. External Sites have not been verified or reviewed by us and all use and access of External Sites is made at your own risk. “External Sites” means third party websites and online services to which the Website or the APP link.
5.4. Save for any warranties offered in respect of products which you purchase from us, in accordance with our E-Commerce Terms available here, and without affecting your local consumer rights, we give no other warranty in connection with the Website or the APP.
To the maximum extent permitted by law, we exclude liability for:
5.4.1. any loss or damage of any kind whatsoever, including any direct, indirect, special, punitive or consequential loss arising from your use of the Website or APP whether or not that loss arises out of something of which we have been made aware;
5.4.2. the accuracy, currency or validity of information and material contained within any User Content, the Website, or the APP;
5.4.3. any interruptions to or delays in updating the Website or the APP;
5.4.4. any incorrect or inaccurate information on the Website or the APP;
5.4.5. the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Website or the APP;
5.4.6. the availability, quality, content or nature of External Sites;
5.4.7. any transaction taking place on External Sites;
5.4.8. any transaction with a third party retailer taking place on the Website or via the APP;
5.4.9. any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, Device, software, data or other property caused by any other person accessing, using or downloading the Website, the APP or any part of the User Content; and
5.4.10.all representations, warranties, conditions and other terms and conditions which this notice would have effect.
5.5. We do not warrant that the operation of the Website or the APP will be uninterrupted or error free.
5.6. We will not be liable in any amount for failure to perform any obligation under these TOU if that failure is caused by the occurrence of an event beyond our reasonable control.
5.7. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
5.8. The exclusions and limitations of liability in this clause shall not limit or exclude your rights to compensation or repair of your Device to the extent that damage to your Device or other digital content which you own is caused by the APP as a result of our failure to use reasonable care and skill.
5.9. You agree not to use the Website or APP in any way which is:
5.9.2. may give rise to civil or criminal liability for us; or
5.9.3. which might call us into disrepute.
5.10. IN SPECIFIC, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMART LUMIES OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SMART LUMIES, ITS SUBSIDIARIES, ITS LICENSORS AND AFFILIATES, DO NOT WARRANT THAT THE CONTENT IS ACCURATE, TRUE, RELIABLE, CORRECT OR COMPLETE, THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OUR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
IN NO EVENT SHALL SMART LUMIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE WEBSITE, (II) ANY LOSS OR DAMAGE DUE TO UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (III) ANY LOSS OR DAMAGE DUE TO INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND APP OR INTEROPERABILITY PROBLEMS, (IV) ANY LOSS OR DAMAGE DUE TO BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND APP BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VI) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VII) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE AND APP (VIII) ANY LOSS OR DAMAGE RESULTING FROM YOUR USE, OR INABILITY TO USE, ANY PORTION OF OUR WEBSITE AND APP OR FOR ANY LOSS OR DAMAGE OF ANY KIND IN YOUR DATA, (IV) ANY LOSS OF YOUR REVENUE, PROFITS, GOODWILL OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PURE ECONOMIC LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES . THE LIMITATIONS ON LIABILITY APPLY WHETHER LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMART LUMIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting any other rights we may have, we may cancel or suspend access to the Website and/or the APP as well as cancel or suspend your Account, if you breach any of these TOU.
7. PAYMENT POLICY
7.1. Our Visitors may access our Website and APP for free. Our Users may purchase our product via our Website and APP.
7.2. Third Party Payment Processors. We use a third-party payment processor (the “Payment Processor”) to bill our Users. The processing of our pricing plan payments shall be subject to the terms, conditions and privacy policies of the Payment Processor in addition to our TOU. We are not responsible for error or delays by the Payment Processor. By submitting your registration form in order to purchase our products via our APP or Website, you agree to pay us, through the Payment Processor, all charges at the prices stated on our Website and APP. You further authorize us, through the Payment Processor, to charge your chosen payment provider (“Payment Method”). You agree to make payment using that selected Payment Method. Τhe terms of your payment will depend on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we do not receive payment from you, via the Payment Processor, we shall not make our products available to you.
You agree to defend, indemnify and hold Smart Lumies and its contractors, its licensors, its affiliates and their respective directors, officers, employees and agents harmless from any and all liabilities, costs, and expenses, including attorneys’ fees, arising out of your use of our Website and APP, including but not limited to (i) the use of the Website and APP or your placement or transmission of any message or information on this Website by you, (ii) your violation of any of the TOU (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights, (iv) your violation of any law, rule or regulation, (v) any claim or damages that arise as a result of your use of our Website and APP or (vi) any other party’s access and use of the Website and APP with your unique username, password or other APPropriate security code.
As a result of the provision of our services to you, and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and APPlications, or other aspects of our business (“Information”). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use our Information only for the specific purposes as allowed in these TOU. Any disclosure of our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these TOU. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
10.1. These TOU are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under APPlicable law. These TOU will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
10.3. Failure to enforce any term does not constitute a waiver of that term.
10.4. If any part of these TOU is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
10.5. These TOU are subject to the laws of the State of California and the parties submit to the exclusive jurisdiction of the California courts. This clause does not deprive you of any mandatory consumer protections to which you may be entitled in your country of residence.
10.6. We will be entitled to assign and otherwise transfer the agreement covered by these TOU by giving you reasonable notice, which may include notice given via the Website or through the APP.
12.7. All questions, comments or enquiries should be directed to us.
Smart Lumies, Inc
Company Number 08845212
479 Jessie Street
1. USER CONTENT GUIDELINES
1.1 You agree and undertake that you will not post, communicate, transmit or make available to or through the Website or APP any User Content, statement, material, communication or other content which:
1.1.1 is unlawful or which gives rise to civil or criminal liability;
1.1.2 infringes the intellectual property rights of any third party;
1.1.3 is technically harmful, such as computer viruses, worms, logic bombs or other malicious software or harmful data;
1.1.4 is abusive, seditious, sexist, pornographic, homophobic, defamatory, libellous, discriminatory, obscene or racist;
1.1.5 harasses any person;
1.1.6 may be deemed a marketing or commercial communication or promotes the products or services of any person;
1.1.7 contains any restricted material, including but not limited to passwords, medical information or confidential information of any person; or
1.1.8 solicits, promotes, invites, encourages, advocates, incites or provokes any or all of the foregoing.
1.2 You further agree that in any activity you undertake during or in relation to the Website or APP you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call us or the Website or APP into disrepute.
1.3 You authorise us to remove, restrict, suspend or alter any of your User Content for any reason, in our sole and absolute discretion, including but not limited to User Content which conflicts with the terms of these User Content Guidelines or is otherwise inconsistent with these Website and APP TOU.
1.4 If you discover User Content which you believe contravenes these Website and APP TOU or is otherwise objectionable please notify us by email at firstname.lastname@example.org.