Terms of Service
Luum™ is a platform that helps you get engaged in recording your daily travels, get inspired with team-based challenges, get rewarded with achievements and prizes, and track your trips over time. To take advantage of all that the platform has to offer, it’s very important for you to understand your and Luum’s (“Luum”) rights and responsibilities.
- Take steps to protect the security of your user account.
- Be a responsible and positive member of the community.
- Know your rights and responsibilities you have with respect to your data and what you allow Luum to do with it.
- Handle disputes and other problems in a certain manner. For example, legal disputes are subject to the state of Washington's laws.
To make things simpler, this document uses several terms that are clarified here:
- The "Services": Together the Luum Mobile Applications ("Mobile App"), and the Luum website (the "Luum Site") accessible at https://www.luum.com/
- "Platform Activity": The data you exchange with or through the Services during your usage of the Services.
Amendments and Feedback
Sometimes Luum will need to update the Terms. Usually this is because we'll be introducing a great new feature to the Services that may change how you interact with the rest of the community. We will notify you of any changes to these Terms besides minor wording changes such as spelling and grammar fixes, as determined in our sole discretion.
After the updates are in place, your continued use of the Services will constitute your acceptance of the revised policies. If you object to the revised policies, you must terminate your use of the Services.
Eligibility — "Who can use Luum"
If you are younger than 13 years old, you are not permitted to use the Services. If you are aware, or become aware, of a user account operated by someone younger than 13, please notify Luum. If Luum finds an account operated by someone under the age of 13, we will delete the account as well as all Platform Activity originating from that account.
You have several very important responsibilities as a Luum member.
First and foremost, you agree that you are solely responsible for all Platform Activity that takes place under any identities associated with your account. The content you provide to the Services is yours, and you must be aware of the potential consequences of your actions.
Second, any dealings (including any disputes) you have with third parties are your sole responsibility. You acknowledge that Luum does not screen other Luum users in any way whatsoever and Luum makes no representations or warranties about other Luum Users. Due to this, you represent and warrant to Luum that you will exercise caution, discretion, common sense, and good judgment in all interactions with other Luum users. If you decide to interact with other Luum users offline, you do so at your own risk. Luum disclaims any liability for any harm that befalls you and you expressly agree to hold Luum and any related individuals or companies harmless for any and all damages to you regardless of your good judgment, caution, discretion, and the like. You furthermore acknowledge and agree that Luum is not responsible or liable if a challenge you create fails to live up to your expectations in any manner, or for any damages caused by you failure carry out any of your responsibilities to other Luum users.
Third, you must be aware that the content on the Services is intended as general information only; we do not verify the accuracy, thoroughness or relevance of any content available in challenge descriptions or elsewhere on the Services. You are wholly responsible for any actions or consequences arising indirectly or directly from your participation in challenges. The presence of content on the Services does not constitute Luum's endorsement of said content; see the Disclaimer of Warranties section below for further information.
Fourth, you are solely responsible for maintaining the confidentiality of your account credentials and agree to protect the secrecy and security of your account password. Further, you agree to notify Luum if: (i) your password is lost or stolen; (ii) you become aware of unauthorized access to any Luum account; or (iii) you observe any violation of these Terms (including your own violations).
Finally, if you violate these Terms, as determined by Luum in its sole discretion, Luum may suspend or terminate your account at any time, with or without notice to you.
We all want Luum to be a safe and fun place for people to get involved in helping their communities. Therefore, by using the Luum Services you agree to be bound by the terms of service outlined in the "How we get along" community guidelines (the "Community Guidelines"), which outline proper and improper conduct on the Services. You acknowledge and agree that Luum may remove content and/or delete accounts that violate these standards, as determined in its sole discretion, with or without notice to you.
User Content and License to Luum
When you upload or otherwise submit content to the Luum Services, you give Luum a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Luum Services, and to develop new ones. Make sure you have the necessary rights to grant us this license for any content that you submit.
You acknowledge and agree you will not use our trademarked materials (such as logos or brands) in a way that misleads people about the nature of Luum's or any third party's services, sponsorships or partnerships. For example, do not use Luum's logo to confuse people about what we do, or to claim that we have a partnership with another company when we do not.
Luum Software License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, and revocable license to use the Services. In other words, only you are allowed to use your account, and you may not transfer it to another.
Further, except as expressly specified in these Terms, you may not:
- Copy (in any amount), modify, distribute, or redistribute the Luum Services in any way, including, but not limited to, adding new features or otherwise making adaptations that alter the functionality of this application;
- Transfer, sell, rent, lease, distribute or otherwise assign any rights to, or any portion of, this application to any third party;
- Make the functionality of this application available to multiple users through any means, including, but not limited to, distribution of this application or by uploading this application to a network or file-sharing service or through any hosting, application services provider or any other type of service
Restrictions on use of the Services
In addition to the limits outlined in the Community Guidelines, you represent and warrant to Luum that you will not do any of the following activities:
- Upload any virus, worm, Trojan, or any other malicious computer code to the Services.
- Attempt to gain unauthorized access to Luum's computer systems.
- Use robots, spiders, or any other automated means to access the Services, other than through authorized APIs.
- Interfere or disrupt Service delivery through attacks on our servers or network, or any other means.
- Create user accounts under automated means or false/fraudulent pretenses
- Reverse engineer, copy, or create a derivative work of, or attempt to extract source code unless expressly permitted by Luum or required by law.
From time to time a “Sponsor” will conduct an event for members of the public or any other affiliation (each a “Participant”) using the Services to make a positive social impact (a “Challenge”). In some cases, the Sponsor may choose to award prizes to Participants based upon certain Challenge criteria that the Sponsor selects (a “Contest”). This section outlines each Sponsor’s and each Participant’s responsibilities and promises to Luum as related to the Contests.
As a Participant, you promise the following are presently true and agree that:
- It is your responsibility to follow these Terms, the specific rules of each Contest you enter, as well as the Luum General Contest Rules, and conduct yourself in compliance with the Luum Community Guidelines (each a “Participant Responsibility” and together “Participant Responsibilities”).
- Luum does not, and will not, determine Contest winners, make any decisions related to the Contests other than enforcing these Terms, provide prizes to Participants, or intervene in any Contest-related disputes between a Sponsor, Participant, or any third-party.
- You qualify to participate in all Contests in which you enter (i.e., meet all eligibility requirements) and you will satisfy all Participant Responsibilities.
As a Sponsor, you promise the following are presently true and agree that:
- It is solely your responsibility to comply with Luum’s Terms of Service and all local, state, and federal rules that apply to your Contest. This includes, but is not limited to, all rules pertaining to the awarding of prizes or other incentives to Participants based upon their entry into your Challenge, their performance in your Challenge, or other criteria you solely choose (each a “Sponsor Responsibility” and together “Sponsor Responsibilities”).
- You bear the sole risk of all liability for Contests. This includes, but is not limited to, all liability for taxes, monies owed, or other penalties, whether monetary or not, that may be imposed on you by any entity or authority, whether governmental or not, directly or indirectly related to your Contest organization, facilitation, and the like.
- In general, Luum will not help you select prizes to award Participants, distribute prizes to Participants, or intervene in any
Contest-related disputes you may have with a Participant or any other third-party. However, there are some situations in which
Luum will assist you:
- Luum may provide technical assistance to assist you in utilizing the Services.
- Luum may also review or delete Platform Activity associated with a Contest if it violates these Terms.
- Luum may provide a template of Contest rules to assist Sponsors in publishing their challenge, but it remains your sole responsibility to ensure the rules are compliant with relevant laws.
- If you provide Contest rules or other Contest-related content for Luum to post on the Services, such content is complete and accurate and will include reference to the Luum General Contest Rules, and will not override, annul, or contradict the Luum General Contest Rules.
- You satisfy and will satisfy all Sponsor Responsibilities.
The Services are controlled and operated from within the United States. We cannot guarantee that our platform and its content are appropriate or available in locations outside the United States. If you access the Services from another country, you do so at your own risk and are responsible for compliance with local laws. While we offer basic tools to help protect your identity, we cannot and will not guarantee that they will protect you from any legal and legitimate government requests for your information.
If we have reason to believe that you have violated the letter or spirit of these terms, we reserve the right to terminate your account, at any time, with or without notice to you. You may also terminate your agreement to these Terms by deactivating your account at any time.
Governing Law & Venue
These Terms of Service and any action related thereto, including all claims, legal proceedings, or litigation arising in connection with the Services, will be governed by the laws of the State of Washington without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with these Terms of Service or the Services will be brought solely in the federal or state courts located in King County, Washington, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms of Service and any action related thereto, including all claims, legal proceedings, or litigation arising in connection with the Services, will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Washington (excluding choice of law).
You agree to indemnify, defend, and hold harmless Luum, its officers, directors, employees, parent company, or anyone else related to Luum against any and all claims, losses, liabilities, damages, costs, or expenses from all lawsuits or causes of action arising out of or related to (i) breach of any covenants, representations, and warranties made by you to Luum herein; or (ii) any other terms, contained in these Terms; and (iii) any misuse or misappropriation of any content by a third party that was not caused by Luum's negligence, gross negligence, or intentional conduct. You shall employ legal counsel to defend any suit or action against Luum at your expense. Luum shall have the right to approve such counsel, but will not unreasonably withhold its approval.
Disclaimer of Warranties
Read this section carefully. We do our utmost to ensure that the Services are reliable, bug-free, and available, but you use the Services at your own risk. The Services are provided on an as-is, as-available basis, and, to the extent allowed by law, Luum specifically disclaims any and all warranties of merchantability, fitness for a particular purpose, and title. We expressly disclaim all warranties that the Services are error-free, accurate, meets your expectations, or consistently available.
Luum is not responsible for any loss, damage or dissatisfaction that might arise from the actions of other users of the Services, and you release us, our directors, employees and agents from ay claims or damages, known and unknown arising out of or connected with any claim you have against such third parties.
No advice or information provided by Luum or through the use of the Services will create any warranty not expressly stated in these Terms. It is your responsibility to evaluate the accuracy, completeness, usefulness of all information you access through the Services.
Limitation of Liability
Read this section carefully. You hereby agree to hold Luum, its officers, directors, employees, and its licensors harmless for any and all harm that may come to you through your use of the Services. You hereby acknowledge and agree that, to the extent allowed by law, Luum, its officers, directors, employees and its licensors will not be liable for any indirect, consequential, exemplary, incidental, special or punitive damages arising from the use or inability to use the Services, or any costs associated with transactions entered into through or from the Services, unauthorized access or alteration of your transmissions or data, statements or conduct of any third party, loss or damage to reputation, even if Luum is aware or has been advised of the possibility for such damages. In no event will Luum's liability to you, whether in contract, tort (including negligence), or otherwise, exceed U.S. Ten Dollars ($10).
Certain regions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Waiver and Severability
In the event that Luum fails to exercise or enforce any right or provision in these Terms, this shall not constitute a waiver of such right or a waiver of future enforcement. If any provision of the Terms is found to be invalid, illegal, void or unenforceable under any applicable law, each provision shall be deemed amended to conform to applicable law, or if it cannot be amended without materially altering the Terms, such provision shall be deleted and all other provisions remain in full force and effect.
These Terms constitute the entire agreement between you and Luum regarding your use of the Services. This agreement supersedes any prior agreements between you and Luum relating to your use of the Services.
These Terms are effective as of June 10, 2013.
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