1. LUMINATE ON DEMAND INFORMATION
2. LICENSED RIGHTS TO SERVICES AND CONTENT
2.1 - All content of the app is the intellectual property of Luminate, including but not limited to, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, URLs, technology, software and interactive features.
2.2 - Subject to your strict compliance with these Terms and Conditions, we grant to you a non-exclusive, non-transferable, revocable, non-assignable, personal, limited license to display, view, use and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”), in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in Luminate’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
2.3 - No other right or license to the Content is provided, and no other license shall be implied, by course of conduct or otherwise. We retain all right, title and interest in and to the Services, and all associated intellectual property rights. Except as expressly authorized by these Terms, you shall not use, reproduce, or distribute Content hosted on the Services.
2.4 - You may not: (i) use the Service or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Luminate; (iii) harvest any information from the Service or Content, including information about other users; (iv) reverse engineer or modify the Service or Content; (v) interfere with the proper operation of or any security measure used by the Service or Content; (vi) infringe any intellectual property or other right of any third party; (vii) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.
2.5 - Luminate may suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in Luminate’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Luminate, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.
2.7 - All rights not expressly granted to you are reserved by Luminate and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
2.8 - You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
3. USER ACCOUNTS
3.1 - In order to enjoy full access to the Service, you must register for an account. When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security by emailing firstname.lastname@example.org. Failure to do so may result in the suspension or termination of your account. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
3.2 - If you register for or access the Services with an email domain that is specific to your workplace or organization, a third party may pay the fees for your access to the Services. If the organisation you work for ceases to pay such fees (because you no longer work for the organisation, because the organisation no longer has a relationship with us, or for any other reason), your access to the paid Services may be restricted or terminated. If this happens we are not obliged to continue to provide you access to the services or allow you to create a personal account.
4. YOUR DATA
4.1 - You may provide us with personal data from time to time in connection with your Luminate On Demand Account. Some personal data will be necessary for us to provide you with the services under these Terms of Service. You must notify us immediately of any change of name, or email address emailing email@example.com
4.2 - We will disclose any relevant and necessary personal information to our technology partners so that they can authorise necessary changes and resolve any technology issues related to your Account.
4.3 - You should assume all information provided to us is available to law enforcement bodies and regulatory authorities
4.4 - We may use your personal data to:
• provide you with services under these Terms of Service;
• enable us to review, develop and improve our products and services;
• help identify products and services that may be of interest to you;
• undertake research and analysis; and
• for direct marketing purposes (if you give your consent).
4.5 - We may also disclose your personal data as required by law, regulation or any other competent authority or agency including to authorities and agencies to investigate possible unauthorised or unlawful activity.
4.6 - You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us on firstname.lastname@example.org. In normal circumstances, there will be no fee, however, we reserve the right to charge a reasonable fee to cover our administration costs if the request is deemed to be excessive or manifestly unfounded or if you request further copies of your data.
4.7 - It is your responsibility to keep us updated of changes to your personal details. Failure to do so may result in us being unable to contact you regarding our services, including to let you know about changes to Terms of Service.
4.9 - You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us on email@example.com. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Luminate’s ongoing business relations. Please note that any opt-out by you is limited to the e-mail address or device used and will not affect subsequent subscriptions.
5. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
5.1 - IMPORTANT PROVISION CONCERNING HEALTH-RELATED CONTENT. The Services do not constitute medical or other professional advice. The Services are not intended as a substitute for professional medical advice, diagnosis, or treatment. Unless otherwise clearly stated in the Services, any Content concerning or related to physical or mental health that you may find in the Services is broad in nature and in scope, describes only general principles, is not specific to you as an individual and does not take into account your personal circumstances, and may not be appropriate or relevant to your personal situation. Content in the Services is not intended to be used to diagnose, treat, cure, or prevent any medical conditions and is not a substitute for consulting with your own healthcare professionals. If you have any concerns or questions about your physical or mental health, you should consult your own healthcare professionals. Reliance on any information provided through the Services is solely at your own risk. Never disregard professional medical advice or delay in seeking it because of something that you have read, seen, or heard on our Services.
5.2 - IMPORTANT PROVISION CONCERNING PHYSICAL ACTIVITY. Luminate On Demand is not a health care or medical provider. The Service and Content made available herein (including, without limitation, any advice, information, exercises, or regiments) are provided for general informational purposes only and do not constitute medical advice. As with any physical activity, there is the possibility of injury. We recommend that you consult your own healthcare professional before starting this or any other physical activity to determine if it is right for your needs. By participating in physical activity through the Services, you acknowledge and agree that you do so at your own risk, are voluntarily participating, and assume all risk of injury whether physical or mental. By participating in our online classes, you are responsible for listening to your body, participating at your own pace and modifying any instructions or instructor-suggested physical adjustments to your level of ability and physical and mental condition. Stop using the Services and seek immediate medical attention if you experience any pain, illness, or severe discomfort. You expressly waive and release luminate and its officers, directors, employees, consultants, agents, representatives, instructors, independent contractors, and affiliates (collectively, the “Luminate Parties”) from and against any claims, damages or losses, including personal injury or and death, that result from your use of the services.
5.3 - You agree to defend, indemnify, release and hold harmless the Luminate Parties from and against any and all claims (including third-party claims), losses, liability, damages, costs and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including reasonable attorneys’ fees and costs), arising out of or in any way connected with: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Further, in the event you have a dispute with one or more other users (including the organisation paying for your subscription), you hereby release the Luminate Parties from claims, demands and damages (actual, direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of or in any way connected with such disputes. Luminate reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Luminate’s defense of any claim. You will not in any event settle any claim without the prior written consent of Luminate.
5.4 - The services are provided on an "as is" and "as available" basis, and we assume no responsibility for the timeliness, deletion, mis-delivery or failure of the Services or to store or display any content, user communications or personalization settings. You are solely responsible for any damage to your computer system or loss of data that results from use of the Services. The company parties expressly disclaim all representations or warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer virus. Notwithstanding the foregoing, these disclaimers do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury or resulting from company intentional misconduct, recklessness, fraud, or gross negligence. Specifically, we make no warranty that: (a) the services will meet your requirements, goals or needs; (b) services access will be uninterrupted, timely, secure or error-free; or (c) any errors or deficiencies will be corrected.
6. INFORMATION YOU PROVIDE TO US
6.1 - You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services.
6.2 - If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at firstname.lastname@example.org
6.3 - If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and/or profile. We may remove or change a user name you select if we determine that such user name is inappropriate.
7. EVENTS OUTSIDE OUR CONTROL
7.1 - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control (“Force Majeure Event”).
7.2 - A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks; and
• acts, decrees, legislation, regulations or restrictions of any government.
7.3 - Our performance under these Terms of Service is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms of Service may be performed despite the Force Majeure Event.
8.1 - If any provision of these Terms of Service shall be found by any court or administrative body of competent jurisdiction to be invalid, unlawful or unenforceable, such invalidity, unlawfulness or unenforceability shall not affect the other provisions of these Terms of Service which shall remain in full force and effect.
8.2 - If any provision of these Terms of Service is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.
9.1 - The Terms of Service between you and us are binding on you and us.
9.2 - You may not assign or transfer these Terms of Service or any of your rights and/or benefits or obligations under these Terms of Service, without our prior written consent.
9.3 - We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Service, or any of our rights or obligations arising under them, at any time provided we inform you and your rights under these Terms of Service are not prejudiced.
10. UPDATES TO THE TERMS
10.1 - We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Services so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Services.
11. ENTIRE AGREEMENT
11.1 - These Terms of Service and any document expressly referred to in them represent the entire agreement between us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12. GOVERNING LAW AND JURISDICTION
12.1 - These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
12.2 - Any dispute or claim arising out of or in connection with these Terms of Service, their subject matter or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts. We retain the right to bring proceedings against you for breach of these Terms of Service in your country of residence or any other relevant country.