Terms of ServiceLast updated: December 17, 2016
These terms are a legal agreement between Lumin Arts Inc. (“we” or “us”) and you. You should read all the terms before indicating acceptance. These terms apply to our online platform, and any updates, upgrades, supplement, new features that we may introduce from time to time. If new terms accompany any of those updates, upgrades, supplements or new features, then those terms will apply. By using the service and software, you accept these terms. If you do not accept them, do not use the services or software. You are bound by these terms even if you do not read all the terms.
- “Artist” means an artist who is a User of the Services;
- “Personal Data” means all personal information about an identifiable individual input by Users (but excluding business contact information);
- “Services” means the Lumin online platform for connecting Artists and Venues and providing event information. The term “Services” specifically includes any new features and tools that we may introduce from time to time under these terms, together with any content that we have uploaded or input. The term “Services” includes any mobile app that might be launched by us in the future. The term “Services” specifically excludes all User Content and Personal Data;
- “User Content” means content and data (other than Personal Data) that Users may generate through use of the Services, including Artist information, Venue information, event information, statistics, business information, comments, ratings, reviews, or other content that the Services permits Users to generate;
- “Users”, “you” and “your” refer to any Users of the Services (including Artists and Venues);
- “Venue” means the owner or operator of a venue, as a User of the Services.
- Your Access: Some areas of our website are accessible without an account. If you access areas of the site without an account, you are still bound by these terms.
For some Users such as Artists and Venues to access other features of the Services, you will be required to register and create an account. If you register and create an account, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account.
- Fees: Artists and Venues may be subject to certain fees, as detailed in the applicable payment page or the invoice issued by us. You will not be charged unless you have created an account and agreed to the payment terms.
- Grant of License: Users have a license to access and use the Services in accordance with these terms. By entering into this agreement, you grant to us a nonexclusive right and license to host, publish and retain archived back-ups of User Content and Personal Data that you input or submit to us.
- Important Information About Our Services: We provide a platform to connect Artists and Venues, and to permit Artists and Venues to collaborate and record their transactions related to different events, depending on the type of account. The Services also permit Users to search for User Content, including information about Artists and Venues, and related event information.
Artists and Venues are independent from us, and not agents or employees of ours. We are not involved in any transactions between any Users. Even though we capture and provide a record of transactions, we are not a party to those transactions. Similarly, other Users who post User Content are independent from us, and are not agents or employees of ours.
We merely provide a platform to allow Users, including Artists and Venues, to collaborate and enter into transactions, and we allow Users to interact with User Content.
You must decide whether to create an account, input Personal Data, or input User Content. You must decide whether to collaborate and enter into transactions. You accept all consequences of doing any of the foregoing. You must evaluate all information that you receive through the Services. We do not vet, confirm, pre-clear, validate or verify any Artists or Venues, any Users or any User Content. We make efforts to ensure that posted information is accurate. However, prices change, events change, information may be unverifiable, and we cannot guarantee any User Content or other information about Artists, Venues or other Users, or their events, such as an event listing, event time, or venue location. We encourage you to always check back to confirm dates, times, location, costs, and other information.
WE DO NOT EXERCISE ANY CONTROL OVER ARTISTS, VENUES OR OTHER USERS, OR THE QUALITY, VALIDITY, ACCURACY, SAFETY, OR LEGALITY OF ARTISTS OR VENUES, OR THE TRUTH OR ACCURACY OF USER CONTENT. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES REGARDING ANY ARTIST, VENUE OR USER CONTENT. YOU MUST TAKE STEPS TO VERIFY THE QUALITY, VALIDITY, ACCURACY, SAFETY, OR LEGALITY OF ANY ARTISTS, VENUES OR USER CONTENT.
- Disputes Between Users: Any disputes between Users (including disputes between Artists and Venues), must be settled between the participants. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any use of the Services.
- Termination Rights:
- By Us: In the event you breach this agreement or any other agreement with us, we may suspend or terminate your account and your access to the Services. We may suspend or terminate your account in the event the account is inactive and abandoned by you.
- By You: You may terminate your account and cease use of the Services at any time.
- User Content: As an authorized User, you may input User Content as part of your use of the Services, as the Services permit. We claim no rights in the User Content of any individual User. You represent and warrant that (a) such User Content is complete and accurate, (b) you have rights to input the User Content, (c) that such User Content will not infringe the rights (including intellectual property and privacy rights) of others, and (d) such User Content will comply with our acceptable use standards. You are responsible for all User Content that you generate, input. We reserve the right to remove or correct User Content if we receive notice of corrections, or if any User Content contravenes our acceptable use standards.
We also reserve the right to suspend or terminate the account, and delete the listing, of any User whose conduct or User Content does not conform to this agreement or our acceptable use standards, in our sole discretion.
- Terms for Artists and Venues: Artists and Venues who use the Services agree to these additional terms: We reserve the right to suspend or terminate the account, delete the event listings, and de-list any Artist or Venue who breaches a payment obligation, who provides deficient or unsatisfactory services to Users, or whose conduct or listings do not conform to this agreement or our acceptable use standards, in our sole discretion.
- Acceptable Use: The Services may be used only for authorized purposes by Users who have agreed to this agreement. You must comply with all applicable federal, provincial and local laws and regulations. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:
- post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes hate speech or child pornography under applicable law, or as determined by us, in our sole discretion;
- threaten bodily harm, destruction of property or otherwise engage in harassment;
- transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent information or information that is invasive of another's privacy, or infringes another’s rights;
- transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- reverse engineer, decompile or otherwise attempt to decipher any code or any portion of the Services for any purpose;
- use the output of the Services for any purpose other than as permitted under this agreement;
- delete or revise any portion of our Services;
- distribute, sell, lease, transfer, assign, trade, rent, publish or license the Services as a stand-alone service to others;
- engage in linking or framing of any portion of our sites;
- aggregate, scrape, harvest or duplicate any portion of our Services, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the stated purposes;
- corrupt, falsify or distort any User Content or Personal Data or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
- copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.
- Intellectual Property Rights: You agree that the Services and all object and source-code, trade-marks, intellectual property rights, trade-secrets, know-how related thereto, and any aggregated data are owned by us or our licensors, and you will not contest or challenge such ownership. LUMIN is a trademark of Lumin Arts Inc. All other company names and logos displayed on our sites may be trade-marks of their respective owners.
- Indemnity. You agree to indemnify us from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of this agreement by you or Users of your account, or in connection with (a) the uploading, posting or submission of any User Content or Personal Data by you or Users of your account, (b) any breach by you of any representation or warranty, or (c) any other breach by you of this agreement or any other agreement with us.
- General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to the Services. We expressly disclaim any and all liability in connection with our Services. Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you "as is" and "as available". We do not warrant or make any representations of any kind regarding the use or the results of the use of our Services, in terms of their correctness, accuracy, reliability, or otherwise. The content in the Services could include technical inaccuracies or typographical errors. WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE USER CONTENT, PERSONAL DATA, OUR SERVICES, UPTIME OR AVAILABILITY OF OUR SERVICES, AND TO ANY MATTER RELATING TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, LIABILITIES, COSTS, CLAIMS OR EXPENSES, WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE SERVICES, OR THE PERFORMANCE OF THIS SITE OR THE USER CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, WHETHER ARISING UNDER BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE FEE, IF ANY, PAID BY YOU OR THE CORPORATE ENTITY UNDER WHOM YOU ACCESS THE SERVICES, OR THE AMOUNT OF TEN DOLLARS ($10), WHICHEVER IS GREATER.
- Jurisdiction & Applicable Law: This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under this agreement, you agree to submit to the jurisdiction of the courts in the Province of Alberta, Canada.
- Downtime: The Services may experience temporary downtime as we perform routine maintenance or updates.
- Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.
- Changes: Changes to this agreement may be made from time to time by us, and the modified form of the agreement will take effect after posting on our site(s). Continued use of the Services after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Services, in whole or in part, at our sole discretion, at any time, without notice.
- Survival: All terms which require performance by the parties after the expiry or termination of this agreement, will remain in force despite this agreement's expiry or termination for any reason. The following terms shall survive the termination of this agreement: sections 7, 10, 12, 14, 15, 16, 17.
- Miscellaneous: You may not assign or transfer the rights granted to you under this agreement without our prior written consent. We may assign this agreement to a third-party upon written notice to you. This agreement constitutes the entire agreement between us and you with respect to your use of the Services. Any failure by us to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais. This agreement may be agreed to by electronic acceptance.