You agree not to take any action that might compromise the security of the Application, render the Application inaccessible to others or otherwise cause damage to the Application or the Content (defined below). Except as otherwise authorized by Luma, you agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Application in any manner that might interfere with the rights of third parties.
b. All information, materials and other content that you see, hear or otherwise experience on the Application (collectively, the “Content”) are protected by U.S. and international copyright, trademark and other laws, and belong to Luma or its partners, affiliates, contributors or third parties. Luma grants you a personal, non-exclusive, non-transferable license to use the Application and the Content and to print and store portions of the Content that you select, provided that: (1) you only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) if you are a competitor of Luma, commercial aggregator of data, or other commercial user, you do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license. Luma reserves complete title and full intellectual property rights in any Content you download from the Application, subject to this limited license for you to make personal use of the Content as set forth herein.
c. You may not use any of the marks or logos appearing throughout the Application without express written consent from the trademark owner, except as permitted by applicable law.
d. You may not, and you will not encourage, assist or authorize any other person to, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Application, whether in whole or in part, or create any derivative works from or of the Application.
e. Competitors and third party aggregators may not mirror, scrape, or frame the home page or any other pages of the Application on any other website or web page. Competitors and third party aggregators may not connect “deep links” to the Application or the Content, i.e., create links to a that bypass the home page or other parts of a Site without written permission. This prohibition is not intended to restrict the non-commercial activities of individuals.
In order to keep the Application up-to-date, we may offer automatic or manual updates at any time and without notice to you. If we elect to provide maintenance or support of any kind, we may terminate that maintenance or support at any time without notice to you.
Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of submitted content. Luma reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Luma cannot and does not represent or warrant that the Application or the Content will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
THE APPLICATION, SERVICES AND CONTENT ARE PROVIDED BY LUMA ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. LUMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION, THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT EMAILS SENT FROM LUMA ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO, THE APPLICATION IS AT YOUR SOLE RISK.
LUMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE ACCESS OR USE OF THE APPLICATION, SERVICES OR CONTENT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, LUMA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APPLICATION, SERVICES AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
Within the Application and/or Content, or as part of the Services, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third party websites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON (A) ANY ADVERTISEMENT DISPLAYED WITHIN THE APPLICATION OR CONTENT, OR AS PART OF THE SERVICES; (B) ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, (C) ANY LINKED THIRD PARTY WEBSITE, OR (D) ANY LINK CONTAINED IN A LINKED WEBSITE. If you decide to link to any such third party website, you do so entirely at your own risk.
Your obligations and Luma's remedies with respect to defective or nonconforming products or Services, are solely and exclusively as stated in this Agreement.
Without limiting the disclaimers set forth in Section 6 above:
a. Correction of Errors and Inaccuracies.The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Luma therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Luma does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
b. Jurisdictional Issues. The Application and Content is controlled and operated by Luma from the United States, and is not intended to subject Luma to the laws or jurisdiction of any state, country or territory other than that of the United States. Luma does not represent or warrant that the Application or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Application, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Application’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
a. IN NO EVENT SHALL LUMA OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS (COLLECTIVELY, THE “LUMA PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR THE SERVICES PROVIDED OR TO BE PROVIDED BY LUMA, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE APPLICATION, THE SERVICES, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE APPLICATION, OUR SERVICES AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (VI) ANY OTHER MATTER RELATING TO THE APPLICATION, THE SERVICES, OR THE CONTENT, EVEN IF ANY OF THE LUMA PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. Any cause of action against any of the Luma with respect to Products or services must be instituted within one (1) year from the date of purchase or provision of the applicable product or services.
This Section 13 applies to you only if you use the Application on an Apple® device (e.g., iPhone®, iPad®, iPod Touch®) (any such device, an “Apple Device”); Section 13 does not apply to you if you do not use the Application on an Apple Device.
b. You acknowledge and agree that:
i. Apple® has no obligation at all to provide any support or maintenance services in relation to the Application. If you have any maintenance or support questions in relation to the Application, please contact us, not Apple®, using the contacting us details at the end of these terms;
ii. Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Application are between you and us (and not between you, or anyone else, and Apple®); and
iii. In the event of any claim by a third party that your possession or use (in accordance with these terms) of the Application infringes any intellectual property rights, Apple® will not be responsible or liable to you in relation to that claim;
c. If the Application that you have purchased does not conform to any warranty applying to it, you may notify Apple®, which will then refund the purchase price of the Application to you. Subject to that, and to the maximum extent permitted by law, Apple® does not give or enter into any warranty, condition or other term in relation to the Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Application or as a result of you or anyone else using the Application or relying on any of its content.
Luma reserves the right, in its sole discretion, to determine whether any action you take violates the terms of this Agreement. Luma shall have the right, but not the obligation, to monitor your actions with respect to the Application and the Content to determine compliance with this Agreement. Without limiting any other rights or remedies of Luma hereunder, at law, or in equity, Luma may suspend or terminate your access to the Service if there is any violation or threatened violation of any of the terms of this Agreement by you.
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