Terms of Service

First posted Jan 15 2018

Update Notes:

Last updated Jan. 11 2021 to change brand from Lumo / Lumo Play to LUMO / LUMOplay

General

• This document is an agreement between You and LUMO Interactive Inc. (“LUMO”) that describes the Terms of Service (“TOS”) for which You may use the services offered on the websites and web pages owned and operated by LUMO Interactive or its subsidiaries (such as www.lumointeractive.com, www.LUMOplay.com), (collectively, the “LUMO Sites”). The services and information offered on some LUMO Sites and associated social media accounts, desktop applications, and email correspondence, may be subject to additional terms and conditions described on the site or web pages for those services or information.
• YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND BROWSING OUR WEBSITE(S) OR USING THE SOFTWARE OR SERVICES OFFERED BY LUMO INTERACTIVE, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF SERVICE, AND ANY ADDITIONAL TERMS THAT APPLY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE LUMO SITE, SOFTWARE, OR CONTENT.
• Please note that LUMO reserves the right to revise these TOS at any time by posting an update to this page. Your continued use of the LUMO Sites or Services following the posting of changes to these TOS will mean You accept those changes.
• LUMO reserves the right, in its sole discretion, to determine if You have violated these TOS, and to take any action it deems appropriate.
• You acknowledge that LUMO shall have the right to terminate Your access to the LUMO Sites or Services for violations of any of these rules, including repeat infringement of copyrights.
• The LUMO Privacy Policy is incorporated by reference to this TOS.

Your Use & Conduct

These TOS apply to all users, including both users who are simply viewing the LUMO Sites and users who are also contributors of content, information, and other materials or services on the LUMO Sites.

• Personal, Non-Commercial Use: The LUMO Sites are made available for Your personal, non-commercial use only. Except as provided by specific terms governing a specific service, product, or information, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or services obtained from the LUMO Sites.
• No Unlawful or Prohibited Use: You agree that You will not use the LUMO Sites or the information, products, or services available from them for, or to further, any unlawful purpose. Additionally, You will NOT:
  • Upload, post, email, transmit, or otherwise make available any content that:
  • is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harmful to another party;
  • infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of another party;
  • is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” website links, or any other form of content for the purpose of solicitation;
  • contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • consists of forged or manipulated information that disguises the true origin of any content You provide; or
  • impersonates another person or entity, including, but not limited to, a LUMO employee, forum leader, guide or host, or falsely states or otherwise misrepresents Your affiliation with a person or entity.
  • collect or store personal data about other users in connection with any prohibited conduct and activities;
  • use the LUMO Sites in any manner that could damage, disable, overburden, or impair any LUMO server, or network(s) connections; disobey any requirements, procedures, policies, or regulations of networks connected to the LUMO Sites; or interfere with any other party's use and enjoyment of the LUMO Sites;
  • attempt to gain unauthorized access to any LUMO Site content, other accounts, computer systems, or networks connected to any LUMO server through hacking, password mining, scraping, or by any other means to obtain any materials or information not intentionally made available on the LUMO Sites; or
  • intentionally or unintentionally violate any applicable local, provincial, state, national, or international law.
• Accounts:
  • In order to access some features of the LUMO Sites, you will have to create an account.
  • You agree never use another person’s account.
  • When creating your account, you represent and warrant to LUMO that the information you provide is accurate and complete in all respects.
  • You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you.
  • Accordingly, it is extremely important that you keep your password secure. You agree to notify LUMO immediately in the event you become aware of or suspect, any breach of security or unauthorized use of your account.
• Content
  • LUMO Intellectual Property Rights:
  • All content and services on the LUMO Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other LUMO Site materials (the “Materials”) are the intellectual property of LUMO, its licensors, or other vendors. The Materials are protected by intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of LUMO.
  • User created graphic content, either uploaded via the Motion Maker tools or implemented through custom software design services, is owned by creators, and licensed to LUMO as a royalty-free submission, for the purposes of developing Interactive Display Games and Effects (“Content”). All other Content, software, and features available on the LUMO Sites are owned by or licensed to LUMO.
  • LUMO Trademarks and Brands: LUMO, the LUMO logo, and other marks related to LUMO products and services (“LUMO Marks”) are the exclusive and valuable property of LUMO or its subsidiaries.

NO WARRANTY:

• The LUMO Sites and the information provided therein are for the convenience of users of the LUMO Sites and for customers and potential customers of LUMO, its products, or its services. The information provided on the LUMO Sites and the products and services described on the LUMO Sites are subject to change without notice.
• LUMO DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE LUMO SITES. EXCEPT AS PROVIDED BY THE TERMS OF AN APPLICABLE END-USER LICENSE AGREEMENT OR OTHER WRITTEN AGREEMENT SIGNED BY LUMO, THE LUMO SITES, SERVICES, AND SOFTWARE ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LUMO DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LUMO SITES AND SOFTWARE DOWNLOADED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE Lumo SITES, SERVICES, OR SOFTWARE.
• LUMO DOES NOT WARRANT THAT THE LUMO SITES, SOFTWARE, OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE LUMO SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE Lumo SITE, SERVICES, OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
• IF YOUR USE OF THE LUMO SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, LUMO , ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.
• LIMITATION OF LIABILITY: Except as provided by an applicable End-User License Agreement or other written agreement signed by LUMO , UNDER NO CIRCUMSTANCES IS LUMO , ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION SERVICES OR SOFTWARE AVAILABLE ON THE LUMO SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TOS OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF LUMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
• The LUMO Site is controlled and offered by LUMO Interactive from its facilities in Canada. LUMO Interactive makes no representations that the LUMO Sites or Content is appropriate or available for use in other locations. Those who access or use the LUMO Sites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless LUMO Interactive and its affiliates, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• your use of and access to the LUMO Site;
• your violation of any term of these TOS;
• your violation of any third party right, including without limitation any copyright, property, or privacy right;
• any claim that one of your User Submissions caused damage to a third party; or
• any action taken by a third party using your account or user ID. This obligation will survive these TOS and your use of the LUMO Sites.

Miscellaneous.

• These TOS are governed by and construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein. Any legal suit, action or proceeding arising out of or related to these TOS or the licenses granted hereunder shall be instituted exclusively in the courts of the Province of Manitoba, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice, or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
• LUMO will not be responsible or liable to You, or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labour disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, tsunami, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning or Your equipment, loss and destruction of property or any other circumstances or causes beyond LUMO's reasonable control.
• All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or e-mail (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses set forth on the Order Form (or to such other address as may be designated by a party from time to time in accordance with this Section).
• These TOS constitute the sole and entire agreement between You and LUMO with respect to the subject matter contained herein, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
• You may not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under these TOS, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without LUMO's prior written consent, which consent LUMO may give or withhold in its sole discretion. Any purported assignment, delegation or transfer in violation of this Section is void. LUMO may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance under these TOS without Your consent. These TOS are binding upon and enure to the benefit of the parties hereto and their respective permitted successors and assigns.
• These TOS are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other Person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these TOS.
• These TOS may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these TOS, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these TOS shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
• If any term or provision of these TOS is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these TOS or invalidate or render unenforceable such term or provision in any other jurisdiction.
• For purposes of these TOS, (a) the words "include," "includes," and "including" shall be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to these TOS as a whole.
• Unless the context otherwise requires, references herein: (i) to Sections refer to the Sections of these TOS; (ii) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (iii) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. These TOS shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
• Unless otherwise stated, all dollar amounts referred to in these TOS are stated in Canadian dollars.
• The headings in these TOS are for reference only and do not affect the interpretation of these TOS.
• You agree that the LUMO Sites shall be deemed passive websites solely based in Canada and shall not give rise to personal jurisdiction over LUMO Interactive, either specific or general, in jurisdictions other than Canada. These TOS shall be governed by the internal laws of the Province of Manitoba, without regard to its conflict of laws principles.