Last Updated: October 6, 2021
TABLE OF CONTENTS
- Acceptance of these Terms
- Changes to these Terms
- The Luminary Service
- Modifications to the Service
- Your Access to & Use of the Service
- Content Policy
- Copyright Infringement Policy
- Third Party Sites
- Limitation of Liability
- Export Control Compliance
- Governing Law
- Arbitration and Class Action Waiver
- No Third-Party Beneficiaries
- Entire Agreement
- Apple iOS App
- Contact Us
IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THAT SECTION BELOW . PLEASE READ CAREFULLY.
1. Acceptance of these Terms
Welcome to Luminary.
These Terms of Service, together with all other terms and policies included on the Service, as each may be updated from time to time (collectively, “Terms”), govern your access to and use of the applications, websites, software and services, including premium features (collectively, the “Service”), provided by Luminary Media, LLC (“Luminary”, “we”, “us” or “our”). The Service includes, without limitation, all content, audio, images, text, video and other information and materials available therein (collectively, “Content”).
When you access or use the Service, you, your heirs, assigns, and successors (collectively, “you” or “your”) agree to be bound by these Terms.
The Service is offered and available only to individuals who are (i) 18 years or older, or 13 years or older with parental consent, or the applicable age of majority in your country, and (ii) residents of the United States, Canada, the United Kingdom, Australia, Ireland, South Africa, India and New Zealand. By using or accessing the Service, you represent and warrant that you meet these requirements.
2. Changes to these Terms
We may update these Terms from time to time. When we make changes, we’ll post the revised Terms on our apps and/or website, and except as provided herein, changes will be effective immediately when we post them. If the changes are material, we’ll also notify you in accordance with applicable law. Notice may go to the email address associated with your account, so please make sure you keep that up to date. Material changes will be effective 30 days after we post them (or upon your affirmative acceptance if sooner). Except as stated in the Arbitration and Class Action Waiver section, your continued use of or access to the Service after any changes are effective constitutes your acceptance of all revised Terms. If you do not wish to be bound by the revised Terms, you must stop using and accessing the Service immediately and contact us at firstname.lastname@example.org to terminate your account.
3. The Luminary Service
You may be required to create a password-protected account to use portions of the Service. You represent and warrant that all information you provide to us is truthful and accurate and you will keep it up to date. You can update certain of your information at any time by emailing us at email@example.com . You agree not to share your password or account with anyone else, including anyone in your household. You are solely responsible for all activity that occurs (including any charges incurred) on your account, and we may assume that any activity under your account was made by you. You must notify us immediately of any unauthorized access to or use of your username or password, or any other suspected unauthorized activity. We will not be liable and you may be liable for losses, damages, liability, expenses, and attorneys’ fees incurred by us or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
The Premium Service
You may have access to certain features and functionality in the Service for free. In addition, you may choose to subscribe to our paid, premium service, where you’ll have access to additional, different and exclusive content and features (the “Premium Service”).
You may purchase a Premium Service subscription directly from Luminary on our website, or through a third party, such as the Apple App Store or Google Play Store. When you purchase a subscription through a third party, you are subject to the terms and conditions of that third party. When you purchase a subscription directly from Luminary, we will ask you to provide a payment method. You are responsible for keeping your payment method up to date and you authorize us to charge any new or updated payment method. If we are not able to successfully charge your payment method, we may, in our sole discretion, charge any other payment method associated with your account, or pause or suspend your access to the Premium Service, provided that you will remain liable for all uncollected amounts. We are not responsible for fees or penalties charged to you by your bank, credit card company, or issuer in connection with processing your payment.
By signing up for the Premium Service, you authorize us or the applicable third party to automatically charge your payment method monthly, annually, or otherwise in accordance with the terms of the subscription you purchased for the then applicable subscription charge, plus any applicable taxes and fees. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE APPLICABLE SUBSCRIPTION PERIOD, UNLESS YOU CANCEL. If you purchase your subscription directly from Luminary, you can cancel here. If you purchase your subscription through a third party, such as the Apple App Store, Apple Podcasts, Google Play Store, or Amazon Alexa, you must cancel through that party. ATTEMPTS TO CANCEL BY ANY OTHER MEANS WILL NOT BE IMPLEMENTED. Your cancellation will be effective on the first day immediately following the end of the current subscription period for which you have paid. You will continue to have access to the Premium Service until the end of your current subscription period and then your Premium Service will automatically end. All payments are non-refundable unless stated otherwise in writing. If we do provide a credit or a refund, we do so in our sole discretion and without obligation to do so again in the future.
We may offer you a free trial subscription to the Premium Service for a certain subscription period. Trials are only available to new subscribers unless stated otherwise. We reserve the right to determine your eligibility for our Premium Service, including free trials, in our sole discretion. AT THE END OF THE TRIAL SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION FOR THE PREMIUM SERVICE WILL BE AUTOMATICALLY RENEWED MONTHLY, ANNUALLY, OR OTHERWISE IN ACCORDANCE WITH THE TERMS OF THE SUBSCRIPTION YOU PURCHASE. THIS MEANS THAT WE WILL AUTOMATICALLY CHARGE THE THEN APPLICABLE MONTHLY SUBSCRIPTION FEE TO THE PAYMENT METHOD YOU PROVIDED. If you purchase your subscription directly from Luminary, you can cancel here. If you purchase your subscription through a third party, you must cancel through that third party, such as the Apple App Store, Apple Podcasts, Google Play Store or Amazon Alexa. We may revoke or modify your trial subscription at any time in our sole discretion. Void where prohibited. Offer not available for residents of Quebec.
If you sign up for the Premium Service through a promotional offer, code or discount (including, without limitation, pursuant to a free trial offer), you may also be bound by additional or different terms communicated to you at sign up or otherwise in connection with the applicable offer. You agree to comply with those terms. Certain offers cannot be combined.
4. Modifications to the Service
We may update, modify or discontinue the Service, or any part or feature thereof (including, without limitation, any Content), at any time or from time to time in our sole discretion without notice or liability to you. We also reserve the right to change the price of our Premium Service from time to time in our sole discretion. We’ll notify you about any price changes, and they will be effective on the first day of the next subscription period. As permitted by local law, you accept the new price by continuing to subscribe to the Premium Service after the price change takes effect. If you do not wish to agree to the price changes, you must cancel your Premium Service subscription before the end of the current subscription period.
If we discontinue the Premium Service permanently prior to the end of a subscription period for which you have already paid, we will provide a refund for any prepaid fees applicable to the time period after the effective date of discontinuation, provided that you cooperate with us in providing any information needed to accept such refund.
5. Your Access to & Use of the Service
The Service and the Content are owned exclusively by Luminary and our licensors. Without limiting the foregoing, we grant you a limited, non-exclusive, nontransferable, non-sublicensable, revocable license to use and access the Service solely for your personal, non-commercial, entertainment purposes. Except as expressly set forth in these Terms, we do not grant you any rights in the Service or the Content and all rights not expressly granted are reserved for Luminary and our licensors.
All Luminary trademarks, names, service marks, logos and other brand features (“Luminary Marks”) are owned exclusively by Luminary. We do not grant you any rights in the Luminary Marks.
You may only use the Service in the countries where we offer the Service and have licensed the Content. Content availability may vary based on your geographic location.
You agree that you will not:
- access or use the Service or the Content in any way that violates another person’s rights, (including, without limitation, intellectual property rights), or applicable federal, state, local or international laws, rules or regulations;
- resell, sublicense or re-license the Service or Content, or any aspect thereof;
- access or use the Service or the Content for any commercial purpose;
- use another person’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise your identity;
- copy, archive, download, reproduce, republish, redistribute, record, rip, transfer, broadcast, publicly display or perform, modify or create derivative works of the Service, the Content, or any part thereof (except as expressly permitted by these Terms);
- modify or remove any copyright, trademark or other proprietary notice relating to the Service or the Content;
- deactivate, delete or circumvent any technological, geographical or other restrictions on the Service or the Content applied by Luminary or our licensors;
- probe, scan, or test the vulnerability of any system or network;
- obtain or attempt to obtain unauthorized access to the Service or to Luminary’s servers, systems, network, or data;
- access in violation of these Terms, monitor, index, frame, link, copy, or search (or attempt to do so) the Service by any means (automated or non-automated) other than through currently available, published interfaces that are provided by Luminary (and only pursuant to these Terms);
- reverse-engineer, disassemble, decipher or decompile the Service, the Content or any related software;
- use any materials, device or software that could interfere with the functionality of the Service;
- use bots, scrapers, crawlers, spiders, scripts or similar technology to monitor, collect or copy information from the Service, or to artificially increase play count;
- introduce any virus, malware, trojan horse, worm, logic bomb or other malicious or harmful technology; or
- attempt to indirectly undertake any of the foregoing, or authorize or request that any other entity do so.
6. Content Policy
a) We strive to make Luminary a safe and inclusive Service. We may monitor and remove Content which we determine, in our sole discretion:
- is obscene, indecent, pornographic, abusive, offensive, discriminatory, harassing, threatening, or incites violence or hatred against any race, nationality, gender identity, sexual orientation, disability, age, veteran status, or any other characteristic;
- infringes on another party’s intellectual property or other rights; or
- is illegal, or promotes, endorses or assists any illegal activity.
b) We may allow you to post, submit, upload or otherwise contribute content to the Service, such as reviews, comments, ratings, playlists, messages and other interactions and features available in the Service (collectively, “User Content”). You grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, transferable and sublicensable right to use, copy, display, reproduce, process, adapt, modify, publish, transmit, perform, display, distribute, and otherwise exploit your User Content, or any part thereof, for any purpose, in any format or medium now known or developed in the future. To the extent permitted by applicable law, you waive all applicable moral rights in the User Content (or equivalent rights under applicable law). You represent and warrant that (i) you own all rights to your User Content and have the right to grant us the foregoing license, (ii) all of your User Content is non-confidential and non-proprietary, and (iii) your User Content complies with these Terms.
Your User Content may be viewable by other users of the Service. You should only provide User Content that you are comfortable sharing with others under these Terms. Luminary takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts. You shall be solely responsible for your own User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for the online distribution and publication of your User Content.
You agree not to contribute any User Content that is, or is intended to:
- be defamatory, obscene, indecent, pornographic, abusive, offensive, infringing, discriminatory, harassing, violent, threatening, inflammatory or otherwise objectionable;
- be illegal, or promote, endorse or assist any illegal activity;
- be misleading, deceptive or fraudulent, or falsely impersonate or misrepresent an affiliation with Luminary, its affiliates or any third party;
- be commercial in nature, such as sales, promotions, contests or sweepstakes;
- give the impression that it is endorsed by or affiliated with Luminary or our licensors;
- contain any unsolicited messages or spam, or any requests for personal information of any other user;
- infringe on the intellectual property rights of anyone else.
We may, but have no obligation to, monitor User Content, and we reserve the right to remove or modify any User Content for any reason, including, without limitation, User Content which we deem in our sole discretion to be in violation of these Terms.
You understand that Luminary does not control, and is not responsible for, User Content, and that by using the Service, you may be exposed to User Content from other users that is offensive, infringing, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical or other inadvertent errors or inaccuracies.
User Content includes all feedback, ideas and suggestions you provide to us about the Service in any manner of communication (“Feedback”). Without limiting any of our other rights with respect to User Content, you acknowledge that we are free to use all or any portion of your Feedback for any purpose, in perpetuity, without compensation to you, including, without limitation, for commercial purposes.
We do not accept unsolicited ideas or materials for Content, and we are not responsible if the Content included on the Service is similar to ideas or materials you have submitted to us. You waive any claims against us and our affiliates and licensors in connection with the use of similar ideas or materials.
These Terms will continue until terminated by either one of us. We may pause, suspend or terminate your access to or use of the Service, or any part thereof, or close your account, at any time in our sole discretion without notice to you, including without limitation if we determine you have violated these Terms. You may terminate these Terms by emailing us at firstname.lastname@example.org to close your account and ceasing all other access to and use of the Service. All terms which by their nature should survive termination of these Terms will survive. In addition, the following sections will survive: Acceptance of these Terms; The Luminary Service; Your Access to & Use of the Service; User Content; Feedback; Termination; Third Party Sites; Disclaimers; Limitation of Liability; Indemnification; Governing Law; Arbitration and Class Action Waiver; Assignment; Interpretation; Waiver; No Third Party Beneficiaries; and, Entire Agreement.
9. Copyright Infringement Policy
If you believe any Content or any other part of the Service infringes on your copyright, or the copyright of any person on whose behalf you are authorized to act, please send a notice to email@example.com including the following information:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Your contact information, including name, address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
It is Luminary’s policy to terminate the accounts of repeat infringers, when appropriate.
For any other issues related to Content or the Service, please reach out to firstname.lastname@example.org .
10. Third Party Sites
YOU USE AND ACCESS THE SERVICE AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND ALL CONTENT, INCLUDING USER CONTENT, IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE, OR YOUR ACCESS TO OR USE OF THE SERVICE WILL BE SECURE, RELIABLE, ACCURATE, UNINTERRUPTED, ERROR-FREE OR FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE, SERVICES, WEBSITES, LINKS OR APPLICATIONS WHICH ARE LINKED TO, REFERENCED IN OR INTEGRATED WITH THE SERVICE.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF YOUR LISTENING EXPERIENCE, WHICH MAY VARY DEPENDING ON YOUR DEVICE, INTERNET CONNECTION, LOCATION OR BANDWIDTH. WE ARE NOT RESPONSIBLE FOR ANY INTERNET OR CELLULAR DATA ACCESS CHARGES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT BY USING OR ACCESSING THE SERVICE, YOU MAY BE EXPOSED TO, AND AGREE THAT WE ARE NOT RESPONSIBLE FOR YOUR EXPOSURE TO, CONTENT THAT IS OFFENSIVE, INDECENT, INACCURATE, MISLEADING, OR OTHERWISE OBJECTIONABLE TO YOU.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT NONE OF LUMINARY, ITS AFFILIATES, NOR ANY OF THEIR EMPLOYEES, AGENTS, SHAREHOLDERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, LICENSORS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “LUMINARY PARTIES”) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOSS OF DATA, USE, GOODWILL, BUSINESS OR PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU ARE NOT SATISFIED WITH THE SERVICE FOR ANY REASON, YOUR SOLE REMEDY IS TO UNINSTALL AND STOP USING AND ACCESSING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE AGGREGATE LIABILITY OF THE LUMINARY PARTIES, SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO LUMINARY DURING THE 12-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
EXCEPT FOR RESIDENTS OF NEW JERSEY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE LUMINARY PARTIES FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND FEES (INCLUDING REASONABLY ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH YOUR USER CONTENT AND/OR YOUR VIOLATION OF THESE TERMS. WE RESERVE THE RIGHT, AT OUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER COVERED BY THIS SECTION, IN WHICH CASE YOU WILL COOPERATE WITH US IN SUCH DEFENSE IF AND AS REQUESTED.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." THIS RELEASE INCLUDES THE CRIMINAL ACTS OF OTHERS. IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
14. Export Control Compliance
You agree not to export, re-export, resell, ship, divert, or cause to be exported, re-exported, resold, shipped, or diverted directly or indirectly any regulated material, including technical data, to any country for which the U.S. government, any government agency or any other sovereign government, requires an export license or other governmental approval without first obtaining such license or approval.
15. Governing Law
These Terms, and all disputes, claims or controversy (collectively, “Disputes”) between you and Luminary relating to these Terms, the Service or the Content, are governed by and construed exclusively in accordance with the laws of the State of New York, without regard to conflicts of law principles.
16. Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
In the event of any Dispute relating to these Terms, the Service or the Content, including disputes before creation of your account or after termination of these Terms or your account, you and Luminary agree as follows:
The Federal Arbitration Act governs the interpretation and enforcement of this section. Prior to initiating arbitration as described in this section, the party alleging a Dispute will first send a written notice to the other party with a detailed description of the nature of the Dispute, including all relevant facts, and the requested relief. All notices to Luminary must be sent by email to email@example.com and by certified U.S. mail to Luminary Media, LLC, 250 Park Avenue South, Suite 230, New York, NY 10003, ATTN: Legal. Luminary will send all notices to the email address associated with your account. We will both use reasonable, good faith efforts to resolve any Dispute via discussion and negotiation within 60 days from receipt of such notice, but if we are not able to resolve the Dispute within the 60-day time period, either party may initiate arbitration as described in this section.
Arbitration is an alternative method of dispute resolution which is determined by an arbitrator, unlike litigation which is determined by a judge or jury. Arbitration awards are subject to limited court review. All Disputes shall be determined by a single arbitrator in binding arbitration in accordance with the Commercial Arbitration Rules (“AAA Rules”) of the American Arbitration Association (“AAA”) , as modified by these Terms. The AAA Rules and other information about arbitration are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator’s award shall be final and binding on all parties. All issues in dispute between the parties are for the arbitrator to decide, including, without limitation, issues relating to the scope, enforceability, and arbitrability of this Arbitration and Class Action Waiver provision.
Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA Rules, provided that if you are initiating an arbitration against Luminary, then Luminary will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Luminary for all such costs and expenses that Luminary paid and that you would have been obligated to pay under the AAA Rules.
If you are a U.S. resident, arbitration will be held in the U.S. state in which you reside. If you are not a U.S. resident, arbitration will be held in New York, New York. You and Luminary further agree to submit to the personal jurisdiction of any federal or state court in New York, New York in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If a claim is solely for monetary relief of US$10,000 or less (and does not include a request for equitable relief), then the claimant may decide whether the arbitration will be conducted through a telephone or in-person hearing, or based solely on documents submitted to the arbitrator. If a claim exceeds US$10,000, AAA Rules will govern the right to a hearing. The arbitrator shall issue a written reasoned decision explaining the essential findings and conclusions on which the decisions and award are based.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all Disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for Disputes within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to register for your account) written notice of your decision to opt out to firstname.lastname@example.org with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Service or the effective date of the first set of Terms containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Luminary also will not be bound by them.
Class Action Waiver: You and Luminary agree to resolve all Disputes in an individual capacity, and not on behalf of or as part of any purported class, consolidated or representative action. You further agree not to participate in any class, consolidated or representative proceeding brought by a third party. If any court or arbitrator determines that the class action waiver in this Section is unenforceable, then that Dispute will not be subject to arbitration and must be brought in court.
Changes to This Section: Luminary will provide thirty (30) days' notice of any changes to this section by posting on the Service, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Service or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Service.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Service.
You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms, or any of our rights or obligations hereunder, at any time in our sole discretion, including without limitation to an affiliate or an acquirer of all or substantially all of our assets or equity. Subject to the foregoing restrictions, these Terms will be binding on and inure to the benefit of each party’s respective successors and assigns.
Headings are for reference only. If any provision is found by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason, such provision shall be deleted or limited to give effect to the remaining provisions of these Terms.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Luminary’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
20. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
21. Entire Agreement
22. Apple iOS App
If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an "iOS App"), you acknowledge and agree that:
- These Terms are between you and Luminary, and not with Apple;
- Apple is not responsible for the Service or Content;
- The iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system;
- Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact Luminary, not Apple;
- If the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) 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 iOS App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content;
- Except as otherwise expressly set forth in these Terms, Apple is not responsible for addressing any claims relating to the possession or use of the iOS App;
- In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
- You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country;
- You are not listed on any United States Government list of prohibited or restricted parties;
- You must comply with applicable third-party terms applicable to your use of the Service; and
- Apple is a third-party beneficiary under these Terms and will have the right to enforce these Terms against you.