We collect Personally Identifiable Information from users who buy or use our products and services. The scope of Personally Identifiable Information we collect when using our mobile application may include the following:
We use your Personally Identifiable Information to create your account, to fulfill your request for products and services, to communicate with you about products and services you’ve purchased, to offer you additional products and services, and to bill you. We also use that information to the extent necessary to enforce our website terms of service and to prevent imminent harm to persons or property.
We employ reasonable physical, technological, and administrative security measures to protect your Personally Identifiable Information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee its absolute security. Furthermore, to the extent that law enforcement requires us to, we will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification). We will notify you of such disclosures via email or conspicuous posting on our website, in the most expedient time possible.
From time to time, we may give certain independent contractors access to Personally Identifiable Information. Those contractors assist us with marketing, website development and maintenance. It is our intention that all those contractors sign contracts in which they promise to protect Personally Identifiable Information using procedures reasonably equivalent to ours. (Users are not third party beneficiaries of those contracts.) Additionally, we also may disclose Personally Identifiable Information to attorneys, collection agencies, or law enforcement authorities to address potential AUP violations, other contract violations, or illegal behavior. And we disclose any information demanded in a court order or otherwise required by law or to prevent imminent harm to persons or property.
As noted above, we compile Website usage statistics from data collected through cookies. We may publish those statistics or share them with third parties, but they don’t include Personally Identifiable Information.
Our website may contain links to other websites. If you choose to click on a third party link, you will be directed to that third party’s website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
We recognize that your Personally Identifiable Information may change. We provide mechanisms through our website that allow you to correct or update your Personally Identifiable Information. If you are unable to make these edits, or have any questions, please contact us at firstname.lastname@example.org.
If you have any questions or suggestions, please contact us at email@example.com.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY USING OUR WEBSITE, YOU AGREE TO THESE TERMS OF SERVICE.
These Terms and Conditions (“Terms”) may be subject to change from time to time. Please refer back to this page to see the most current Terms and Conditions. These Terms will remain in effect until terminated. We may discontinue this mobile application at any time, for any reason.
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use our mobile application. You are expressly forbidden, nor will you have any right to:
All users must conduct themselves with respect for others. In particular, please observe the following rules:
Violation of any above provision may lead to suspension or termination of the user’s account or legal action. In addition, the user may be required to pay for the costs of investigation and remedial action. We reserve the right to take any other remedial action we see fit.
Anyone with information about a violation of the above provisions may report it via an e-mail to the following address: firstname.lastname@example.org. Please provide the date and time (with time zone) of the violation and any identifying information regarding the violator, including e-mail or IP (internet protocol) address if available, as well as details of the violation.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
The above information must be submitted as a written, faxed or emailed notification to the following Designated Agent:
A Lumina Co, LLC Creation
16990 Hubbard Trl
Lakeville, MN 55044
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
IN NO EVENT: (a) WILL OUR LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED $10,000; AND (b) WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF USER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section 8, user’s liability will be limited to the maximum extent permissible.
These Terms will be governed solely by the internal laws of the State of Minnesota, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Minnesota, United States of America.
We may amend these Terms at any time by posting an amended version at its website and sending Recipient written notice thereof. Such amendment will be deemed accepted and become effective 30 days after such notice.
Neither party will be deemed to have waived any of its rights under these Terms by lapse of time or by any statement or representation other than (i) by an Authorized Representative and (ii) in an explicit written waiver. No waiver of a breach of these Terms will constitute a waiver of any prior or subsequent breach of these Terms.
To the extent caused by force majeure, no delay, failure, or default will constitute a breach of these Terms.
Neither party may assign these Terms or any of its rights or obligations hereunder without the other’s express written consent, except that either party may assign these Terms to the surviving party in a merger of that party into another entity. Except to the extent forbidden in the previous sentence, these Terms will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms will continue in full force and effect.
Pursuant to 47 U.S.C. Section 230(d), Provider hereby notifies Recipient that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of such protections may be found on the Internet by searching “parental control protection” or similar terms.
These Terms sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.
If you have any questions about these Terms, please contact us at email@example.com.