Effective Date: March 28, 2019
These Terms of Service (the “Terms” or this “Agreement”) apply to the “universal wallet” service Lunie.io (“Lunie” or the “App”) and other digital services offered on behalf of Lunie International Software Systems Inc. (“Lunie”). Lunie is a corporation organized under the laws of Ontario, Canada. The “universal wallet” application and other digital services, software, websites, applications, user interfaces, features, functionalities, content and related updates and upgrades are referred to in these Terms collectively as the “Services”.
These Terms are a legal contract between you and Lunie that governs your use of Lunie and your rights and obligations relating to the Services.
As used in these Terms Lunie, “we”, “us”, “ours” and similar terms refers to Lunie International Software Systems Inc.. The term “Developers” and “Third-Party Developers” in these Terms refer to third-party developers who have (i) developed features for Lunie and/or (ii) provide support and/or services in relation to Lunie (an example is analytics) or the Services and/or (iii) provide support and/or services to users of Lunie and/or Services (examples are customer support and features that allow you to value Digital Assets (as defined below)).
THESE TERMS CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF LUNIE AND THE SERVICES, INCLUDING A PROVISION REGARDING BINDING ARBITRATION (OTHER THAN CERTAIN SMALL CLAIMS), A LIMITATION OF THE AMOUNT OF TIME YOU HAVE TO BRING CLAIMS AGAINST LUNIE AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIAL AND/OR CLASS ACTIONS. PLEASE READ THE DISPUTE RESOLUTION SECTION 16 IN ITS ENTIRETY.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE LUNIE AND/OR SERVICES. BY SETTING UP A LUNIE ACCOUNT AND/OR USING LUNIE OR THE SERVICES, YOU AFFIRM THAT:
YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS; AND YOU ARE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MUST NOT USE LUNIE OR THE SERVICES.
Changes to Terms
We reserve the right to change or modify these Terms on a going forward basis at any time and in our sole discretion, so please review it frequently. If we make changes to these Terms, we will provide notice of such changes as appropriate, such as by sending an email notification to the address you have provided, providing notice on Lunie and/or updating the “last updated” date on the top of these Terms. Your continued use of Lunie and the Services will confirm your acceptance of the changes. If you do not agree to the changes, you must stop using Lunie and the Services. We encourage you to review these Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, Lunie and the Services.
You may be required to create an account (“Account”) to use certain features of Lunie and/or the Services. When you create an Account, you must comply with the verification and setup process in order to use these Service features. You agree you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand that we have the right to terminate your Account and use of the Services. These Terms take effect as soon as you complete registration and indicate acceptance of these Terms. You may not set up an Account or access the Services unless you agree to be bound by these Terms.
Lunie and the Services are intended solely for users who are 13 or older. Registration by anyone under the age of 13 is unauthorized and in violation of these Terms. If you are aged between the relevant minimum age and 18 (or the age of majority where you live), you and your parent or guardian must review this Agreement together. Parents and guardians are responsible for the acts of children under 18 years of age when using Services. We recommend that parents and guardians familiarize themselves with parental controls on devices they provide their child.
You represent and warrant that you (a) are not under the age of 13, (b) are not identified on the Office of Foreign Assets Control’s Specially Designated Nationals List (“SDN List”), © are not placed on the U.S. Department of Commerce’s Denied Persons List or Entity List or any other U.S. export control list, (d) will not use IP proxying or other methods to disguise the place of your residence, (e) will not use Lunie or the Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms, (f) will not use Lunie or the Services in any way that is illegal or unlawful, in any way that promotes or otherwise supports illegal or unlawful activities, or violates Lunie’s Rules of Conduct and (g) have not previously had your right to use Lunie or the Services suspended or terminated.
You are responsible for the activity on your Account. You must maintain the security of your password and you accept all risks of unauthorized access to your account. Your Account may be suspended or terminated if someone else uses it to engage in activity that violates this Agreement.
If you are using our Services on behalf of a business, then you affirm to us that you are authorized to agree to these Terms on behalf of the business.
Lunie and the Services provide software tools for users to access and manage various features and functions related to digital assets including tokens, cryptocurrencies, virtual currencies or any other digital assets you own that are supported by Lunie and the Services (collectively, “Digital Assets”), including interfacing with third-party sources for certain information regarding the value of Digital Assets. The Services do not purchase, sell, store or exchange Digital Assets. We do not recommend that you use the Services unless you are familiar with Digital Assets, Blockchain technology and can securely store your own private key. Lunie includes information about various Digital Assets native to the Cosmos System, however, such inclusion or availability of information does not imply endorsement by us of such Digital Assets. Lunie is not associated with the operators of any Digital Assets and makes information related to such Digital Assets available for your convenience only. You understand and accept the inherent security risks of using the Internet.
We and/or our third-party partners retain full and complete title to all information and materials provided by us or our partners on or through Lunie and the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “Lunie Content”), except in each case, as provided in the next sentence. Lunie is releasing its source code in fully open source format and all of Lunie’s source code is licensed under the Apache 2.0 License. For purposes of clarification, Lunie Content is part of the Services. All trademarks are the property of their respective owners.
Except for content that is in the public domain or unless we provide you with written authorization to do so, you may not:
- Incorporate any of the Services into any other work (such as your own website) or use them in any public or commercial manner;
- Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit or transfer Lunie, except as permitted by the Apache 2.0 license with regard to the Lunie source code;
- License or sell Lunie or the Services in any form or by any means;
- Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of Lunie or the Services; or
- Scrape data or code from Lunie or the Services.
Although we make reasonable efforts to update the information on Lunie and the Services, we make no representations, warranties or guarantees, whether expressor implied, that Lunie or the Services are accurate, complete or up to date. Except as required by law,we disclaim any duty to update the information included on Lunie or the Services. All information on Lunie and the Services is subject to change without notice.
You do not acquire any right or interest in Lunie or the Services, except for the limited use right expressly stated in these Terms. If you access and use Lunie, then we grant you a limited, non-exclusive, and non-transferable license to download, install, and use Lunie for your personal, non-commercial use on a computer and, when applicable, amobile smartphone and/or tablet device owned or controlled by you (your “Device”) on the terms and conditions set forth in these Terms. This license ends immediately, without further action of either party upon the earliest of (a) termination of this Agreement or (b) our termination of your Account in accordance with the terms of this Agreement.
Using the Services
You are responsible for the software, Device and other hardware, Internet service and mobile data service (and all associated fees) that you need to access and use Lunie and/or the Services. We do not currently charge any fees for Lunie or the Services but reserve the right to do so in the future. If we impose a fee, you will be given thirty (30) days’ prior notice by means of an amendment to these Terms prior to the fees becoming effective.
Eligibility: To access and use Lunie and the Services, you must be a resident of a Permitted Region (see Section 15 for details) and be the age of majority or older in your state or country of residence.
Your Wallet: Once you create an Account, the Services will allow you to create one or more wallets that will enable you to review information and track the value of your Digital Assets (each, a “Wallet”). The Wallet is part of the Services. You may create more than one Wallet and may store such Wallet(s) on your Device(s). We will not have custody or control of the Wallet(s) or your private keys.
You agree to protect the security of your Account and your Device. You are also solely responsible for placing security measures on your Device. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. We treat access to Lunie and/or the Services through your Account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. Please notify us immediately using the contact information below if you believe that information you provided to us is no longer secure or if you need to deactivate your Account or password.
Your Private Key: As long as you are in compliance with these Terms, you may store your private key on your Device. We do not have access to or store your private key, and it is not stored on any system or server owned or controlled by us. For this reason, you must back up your private key information, including your 24-word passphrase. If you lose your private key, since we do not have access to it, we cannot recover it for you without your having the 24-word passphrase. As such, if you lose your private key, you may permanently lose access to your Digital Assets.
Your Digital Assets: The Services do not allow you to hold, receive, store, transfer, or transmit any Digital Assets, funds, or other monetary value of any kind or allow us to do so on your behalf. The Services do not allow you to buy, sell, or exchange Digital Assets or permit us to do so on your behalf. While we provide the Services for you to review and track value information regarding the Digital Assets associated with your Wallet and to store your private key on your Device, we do not have custody or control of your Digital Assets. You agree not to attempt to associate with a Wallet any cryptocurrency, token or other digital asset that is not a Digital Asset or is not otherwise supported by the Services.
The list of Digital Assets supported by the Services may be updated or modified from time to time in our sole discretion and is located on the Lunie webpage.
Availability of the Services: We do not guarantee availability of Lunie and/or the Services at all times of the day. The availability of Lunie and the Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications, blockchain network congestion or network issues, all of which are outside of our control.
Restrictions on Use of Lunie and Services
You may use the Services for lawful, non-commercial purposes only. You agree that you willnot(and you agree not to encourage or allow any third-party to):
- Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or our computer systems or networks;
- Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of Lunie or the Services, except in each case the open source source code as permitted by the Apache 2.0 License;
- Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in Lunie or the Services;
- Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape, data mine or index any portion of Lunie or the Services;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of Lunie or the Services including through time-sharing, use of service bureau or by otherwise making Lunie or the Services available on a network on which they are accessible by more than one device at any time;
- Reformat or frame any portion of the web pages that are part of Lunie or the Services without our written consent;
- Negligently, recklessly, knowingly, or intentionally transmit or upload any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous;
- Cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of Lunie or the Services or otherwise interfere with others’ use and enjoyment of Lunie or the Services;
- Create an Account under fraudulent pretenses;
- Engage in obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, hateful, violent, abusive, pornographic or otherwise offensive or unlawful;
- Attempt to circumvent or evade any content filtering or blocking techniques we employ, or attempt to access Lunie or the Services from anywhere other than a Permitted Region, as defined herein.
Message and data rates may apply to communications. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.
By agreeing to receive text messages, you understand and agree that we may use an automatic dialing system to deliver text messages to you and that your consent to receive text messages is not required as a condition of purchase for any goods or services.
Modification to Lunie And Services
We may from time to time perform upgrades, updates, bug fixes, or error corrections to Lunie or the Services (“Updates”) or otherwise make Lunie or the Services unavailable.
Based on your Device settings, when your Device is connected to the Internet either Lunie may automatically download and install all available Updates or may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates to ensure that Lunie operates properly.
To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to or stop providing Lunie and/or any or all of the Services at any time and without notice. Except as expressly agreed in writing, we have no obligation to provide access to or support for Lunie and the Services and we are not responsible for any delay, delivery failureor other damage resulting from useof Lunie or the Services. Updates are part of the Services and subject to these Terms. Your continued use of the Services after the Effective Date constitutes your acceptance of the Updates.
WE MAY, IN OUR SOLE DISCRETION LIMIT, SUSPEND, MODIFY, TERMINATE OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR YOUR ACCOUNT AND PROHIBIT ACCESS TO LUNIE AND OR THE SERVICES AND OR YOUR ACCOUNT AND WE ARE UNDER NO OBLIGATION TO YOU OR ANY THIRD-PARTY FOR ANY SUCH LIMITATION, SUSPENSION, MODIFICATION, TERMINATION, DELETION, SUSPENSION, PROHIBITION, DELAY OR REMOVAL.
We do not guarantee that Lunie and/or Services can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations. We may use technology to verify your geographic location.
Certain software may be required to access and use Lunie and/or the Services. We may need to automatically update some of the software you obtain through Lunie and/or the Services or provide you with new software to keep these functioning properly, which could include bug fixes, patches, enhanced features, missing plug-ins and new versions. We may perform these updates, including to software or content residing on your computer or device without notifying you. By using Lunie, you agree to such automatic updating.
Rules of Conduct
Your online conduct and interaction with others who use Lunie and/or the Services must comply with the rules of conduct set forth below and should be governed by common sense and basic etiquette. Our third-party partners may impose additional rules of conduct in their end user agreements. We may terminate your Account immediately, without refund (if payments are charged), for any conduct or activity that is illegal, violates the rules of conduct, or otherwise negatively affects the enjoyment of Lunie or the Services by other users. You acknowledge that we do not have to give you notice before terminating your Account.
When you access or use Lunie or the Services, you agree that you will not:
- Violate any law, rule or regulation.
- Promote, encourage or assist any person in violating any law, rule or regulation.
- Access or use Lunie or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit anyone from fully enjoying Lunie or the Services, including but not limited to in any manner that is, abusive, defamatory, harassing, threatening, bigoted, hateful, profane, threatening, offensive, vulgar, bullying, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, pornographic or otherwise offensive or reasonably objectionable.
- Publish, post, upload or otherwise make available any content (including screen names or personas) or information, or organize or participate in any activity, group or guild that is inappropriate, abusive, defamatory, harassing, threatening, bigoted, hateful, profane, threatening, offensive, vulgar, bullying, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, pornographic or otherwise offensive or reasonably objectionable.
- Use any server or network used to support or provide Lunie or a Service, including any hacking or cracking into a Service.
- Use any software or program that damages, interferes with or disrupts Lunie or a Service or another’s computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files and time bombs or any similar software or program.
- Publish, post, upload or otherwise make available any content or information that is illegal or that you don’t have permission to freely distribute (including due to intellectual property laws, rights of privacy or rights of publicity).
- Post a message for any purpose other than personal communication. Prohibited messages include advertising, surveys, contests, spam, chain letters, pyramid schemes, duplicative emails and other types of solicitation or unsolicited emails (commercial or otherwise).
- Impersonate another person or falsely imply that you are our employee or representative.
- Improperly use support or complaint buttons or make false reports to our employees, third-party representatives or customer service forums.
- Attempt to obtain, or phish for, a password, account information, or other private information from anyone else on Lunie or utilizing the Services.
- Harvest or otherwise collect information about others, including email addresses.
- Use any robot, spider or other automated device or process to access this website for any purpose or copy any material on this website.
- Use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs or applications, exploits, or any other hacking or altering software or tool.
- Attempt to use the Services on or through any platform or service other than Lunie.
- Use a Service or access Lunie in a Restricted Region. We may use technology to verify your geographic location.
- Create a false identity for the purpose of misleading others.
- Use someone else’s identity to create an Account or for any other purpose (including an in-game persona).
- Promote, encourage or take part in any prohibited activity described above.
If you or someone using your Account violates these rules, we may take action against you, including revoking access to all or part of the Services and Lunie, or terminating your Account. When practical, we will notify you of the action it will take in response to violations of these rules or breach of this Agreement.
If you encounter another user who is violating any of these rules, please report this activity to us by contacting Customer Support at email@example.com.
Links to Other Websites and Services
The Services also may contain links to other websites or online services that we think may interest you (collectively, “Linked Services”). Linked Services are not under our control and we are not responsible for Linked Services or for any information or materials on, or any form of transmission received from any Linked Service. The inclusion of a link does not imply our endorsement of the Linked Services, any cryptocurrencies or Digital Assets, or any association with the operators of the Linked Services. We do not investigate, verify or monitor the Linked Services. We provide links to Linked Services for your convenience only. You access Linked Services at your own risk.
Using Digital Assets-related software, applications and services necessarily entails many risks. We specifically disclaim and have no liability to you for the following risks: (a) operating system failures of your Device; (b) interactions between your Device and the Services; © viruses, malware or other malicious software on your Device; (d) communication delays between the Services and a node or relay service for Digital Assets asset (and vice versa); (e) failure to display the currentmarket value and/or price for Digital Assets; (f) theft of or inability to access Digital Assets; or (g) system or network availability or availability of or access to the Services.
LUNIE AND THE SERVICES AND POSTING OF USER GENERATED CONTENT AND FEEDBACK IS AT YOUR SOLE RISK. LUNIE AND SERVICES AND ALL OTHER MATERIALS AND INFORMATION AVAILABLE THROUGH THEM ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS, DISTRIBUTORS AND LICENSORS (FOR PURPOSES OF THIS PARAGRAPH, THE “LUNIE PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, IN CONNECTION WITH LUNIE, THE SERVICE AND ALL OTHER CONTENT, MATERIALS AND INFORMATION AVAILABLE THROUGH THEM AS WELL AS OUR USE OF ANY UGC AND/ OR FEEDBACK PROVIDED BY YOU AND YOUR USE OF LUNIE, THE SERVICES, AND ANY CONTENT, MATERIAL OR INFORMATION IN CONNECTION WITH LUNIE (COLLECTIVELY, THE “DISCLAIMED ITEMS”) INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING. LUNIE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE DISCLAIMED ITEMS WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
THE LUNIE PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE DISCLAIMED ITEMS, OUR EMAILS, OTHER ELECTRONIC COMMUNICATIONS, OR THE CONTENT OF ANY SERVICES LINKED TO THE DISCLAIMED ITEMS. THE LUNIE PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) LOSS OR DAMAGE OF ANY KIND RESULTING FROM ERRORS, MISTAKES, OMISSIONS, OR INACCURACIES IN THE DISCLAIMED ITEMS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF, OR INABILITY TO ACCESS AND USE, THE DISCLAIMED ITEMS; © ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY UNAUTHORIZED ACCESS TO OUR USE OF LINKED PAYMENT PROVIDERS SERVERSAND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN; (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DISCLAIMED ITEMS; (F) ANY CORRUPTION OR LOSS OF DATA TRANSMITTED TO OR FROM THE DISCLAIMED ITEMS; (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DISCLAIMED ITEMS BY ANY THIRD-PARTY.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE DISCLAIMED ITEMS AND THIRD-PARTIES, AND THE LUNIE PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY TRANSACTION FOR A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON LUNIELICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Notice to California Residents
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 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.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is: Lunie International Software Systems Inc. If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding useof the Services by sending a letter to the attention of firstname.lastname@example.org.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ANY LUNIE PARTYOR ANY OF THEIR DIRECTORS, OFFICERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
(A) YOUR USE OF, OR INABILITY TO USE, LUNIE OR SERVICES;
(B) ANY CONTENT, MATERIALS OR INFORMATION AVAILABLE THROUGH LUNIE OR SERVICES;
© ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES;
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE MAXIMUM AMOUNT YOU PAID FOR THE SERVICES AND (B) FIFTY DOLLARS (\$50.00).
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LUNIE PARTIES’ AGGREGATE LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTIONS LAW.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU
You agree that your electronic signatur to these Terms (including checking a box to confirm that you have read, understood and agree to these Terms) is intended to authenticate this writing and to have the same force and effect as your manual signature. For purpose of these Terms, your electronicsignatureis anyelectronicsound, symbol or process attached to or logically associated with these Terms and executed and adopted by either party with the intent to sign these Terms.
The Services are based in the province of Ontario, Canada and our servers are hosted by Amazon Web Services in the United States. The Services are provided for access and use only by persons located in certain states, countries, and territories (collectively, “Permitted Regions”). You acknowledge that you may not be able to access Lunie or all or some of the Services or particular features of the Services outside of Permitted Regions and that access thereto may not be legal by certain persons or in certain countries. If you access Lunie or the Services from outside a Permitted Region, you are responsible for compliance with local laws.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH LUNIE LIMITS THE AMOUNT OF TIME YOU HAVE TO BRING CLAIMS AGAINST LUNIE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM LUNIE (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
Binding Arbitration; Disputes; Small Claims.
You and Lunie agree to waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (which is the referral of a Dispute to one or more impartial persons for a final and binding determination); provided, however, that you have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court in Toronto, Canada.
This Section is referred to in these Terms as the “Arbitration Agreement”. “Dispute” as used in this Section 16 means any dispute, cause of action, claim, or controversy arising out of or in any way related to us, these Terms, the subject matter of these Terms, or access to and use of Lunie or the Services, including but not limited to contract, personal injury, tort, warranty, statute or regulation, or other legal or equitable basis and disputes that involve third-parties (such as the Third-Party Developers or Payment Providers), except any dispute, cause of action, claim, or controversy relating to our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). You and Lunie empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND LUNIE BOTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND LUNIE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE LUNIE SERVICE OR LUNIE.
Pre-Arbitration Dispute Resolution.
We are interested in resolving disputes amicably. So, before you commence arbitration, please contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You and Lunie agree that you shall attempt to resolve any dispute informally for at least 30 days before initiating arbitration. The informal negotiations commence upon receipt of written notice from one person to the other (“Notice of Dispute”). The Notice of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and © set forth the specific relief sought. We will send a Notice of Dispute to your billing or email address. You will send your Notice of Dispute labeled “Attention Notice of Dispute email@example.com.
Time for filing Claims
Arbitration Services and Rules.
Arbitration will be conducted by a neutral arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”) in effect on the date the arbitration is filed (“JAMS Rules”). JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or jamsadr.com.
If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
For all such arbitration proceedings, you and Lunie each irrevocably submit to the exclusive jurisdiction of JAMS arbitration in Ontario, Canada and waive any jurisdictional, venue, or inconvenient forum objections to such arbitration. If the value of the relief sought is $7,500 or less you or Lunie may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Lunie subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Lunie, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Province of Ontario, Canada, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of the Services or Lunie but is bound by rulings in prior arbitrations involving you and your use of the Services and/or Lunie to the extent required by applicable law.
Costs of Arbitration.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Agreement to Arbitrate. Each party will be responsible for all fees it incurs in connection with the arbitration, including without limitation, all attorneys’ fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us all fees associated with the arbitration paid by us on your behalf that you otherwise would be obligated to pay under the JAMS rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of the section entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.
Future Changes to this Arbitration Agreement.
Notwithstanding any provision in these Terms to the contrary, you and Lunie agree that if we make any changeto this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Agreement is posted to the terms of service page on our website, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
Submissions/User Generated Content
We may from time to time offer areas in the Services where you and other users can share with us or other user’s suggestions, ideas or other user-created content (collectively, “UGC”).
UGC includes any content you make available to other users of Lunie or the Services through social channels (including but not limited to message boards, bulletin boards, messaging or chat tools) and any information you make available to us (including but not limited to any interaction with customer service or any of our employees).
You are responsible for your UGC. You may not upload UGC that infringes a third-party’s intellectual property rights, privacy rights, publicity rights or other rights of any person or entity or that violates the law or this Agreement. In addition, to the extent allowed by applicable laws you agree that you do not have any “moral rights” to such material. When you contribute UGC the information you contribute is public information and will be seen by the public.
You acknowledge and agree that we have the right (but not the obligation) to monitor UGC and to alter, remove or refuse to post or allow posting of any UGC; however, we do not endorse or guarantee the opinions, views, advice, or recommendations posted or sent by the users. We do not assume any responsibility or liability for UGC, for removing it, or not removing it or other content. We have no obligation or liability for UGC made available on Lunie and we have no obligation to pre-screen, edit or monitor UGC. We do reserve the right, in our sole discretion, remove, edit or disable UGC for any reason, including if we reasonably determine that UGC violates this Agreement.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY UGC, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.
When you contribute UGC, you grant us and our licensors a worldwide, non-exclusive, perpetual, transferable, sublicensable license to use, host, store, reproduce, distribute, transcode, translate, broadcast modify, create derivative works, publicly perform, publicly display or otherwise transmit and communicate the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third-party. We are the sole owner of any derivative works created by us from your UGC and are therefore entitled to grant license on any such derivative works.
You also grant allother users who can access and use your UGC on the Services or Lunie the right to use,copy, modify, display, perform, create derivative works from,and otherwise communicate and distribute your UGC on or through the Services without further notice, attribution or compensation to you.
Separate and apart from UGC, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about us, Lunie and/or the Services (collectively, “Feedback”). You represent and warrant that you have sufficient rights in all Feedback that you contribute to grant the rights in such Feedback described in the next sentence to us. You agree that we and our affiliates shall be able to use the Feedback in any way it may choose without any obligation to you or any third-party.
Notice of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any UGC or other content on Lunie or Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA’”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512©(3) for further detail):
- A physical or electronic signature of 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 and an explanation of where such work or work(s) can be found on Lunie;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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; and
- A statement that the information in the notificationis accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Send notifications of claimed infringement labeled “Attention DMCA Notices” to firstname.lastname@example.org (the “DMCA Agent”. For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at email@example.com. You acknowledge that if you fail to comply with all of the requirements of these Terms, your DMCA notice may not be valid.
If you believe that your UGC that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your UGC, you may send a counter-notice containing the following information to firstname.lastname@example.org.
- Your physical or electronic signature;
- Identification of the UGC that has been removed or to which access has been disabled and the location at which the UGC appeared before it was removed or disabled;
- A statement that you have a good faith belief that the UGC was removed or disabled as a result of mistake or misidentification of the UGC; and
- Your name, address, telephone number, and emailaddress, a statement that you consent to the jurisdiction of the courts in the Province of Ontario, Canada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the DMCA Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed UGC or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the UGC provider, member or user, the removed UGC may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
This Agreement is effective until terminated by you or us. We may terminate your access and use of Lunie and/or Services and/or your Account if we determine that you have violated this Agreement or that there has been otherwise unlawful, improper or fraudulent use of the Services associated with your Account. When practical, we will notify you of the termination. You may lose your user name(s) associated with your Account as a result of an Account termination. If your Account is terminated, you will not have access to your Account, and you may be barred from accessing or using Lunie and any Service again. Upon termination, all of the licenses granted to you hereunder shall immediately terminate.
Instead of termination, we may issue you a warning or suspend your access to Lunie or Services.
You can stop using Lunie or the Services at any time. You may terminate your Account at any time for any reason, effective upon written notice to us.
Upon termination, (a) all rights granted to you under these Terms will also terminate; and (b) you must cease all use of the Services and delete all copies of Lunie from your Device. Termination will not limit any of our other rights or remedies. Any provision that is by its terms intended to survive termination shall survive termination of these Terms.
- These Terms control the relationship between Lunie and you. They do not create any third-party beneficiary rights;
- These Terms (i) inure to the benefit of and will be binding upon us and you and your successors and assigns, respectively and (ii) may be assigned by us, but you may not assign them without our prior express written consent;
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein;
- If we fail or you fail to perform any of these Terms and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion; Nothing contained in these Terms will be deemed to constitute Lunie or you as the agent or representative of the other or as joint venturers or partners;
- If we or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence; The headings and captions contained herein are for convenience only; and
- These Terms and all related documentation are drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
- These Terms, and any dispute between you and Lunie, shall be governed by the laws of the Province of Ontario, Canada, without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), as a result of a decision by thearbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Lunie must be resolved exclusively by a state or federal court located in the Province of Ontario, Canada. You and Lunie agree to submit to the personal jurisdiction of the courts located within the Province of Ontario, Canadafor the purpose of litigating all such claims or disputes.
- You affirm that you are more than 18 years of age (or applicable age of majority in your territory, province or country) or, if signing on behalf of a company, have legal capacity to enter into this Agreement.
- You agree to follow all Canadian and other export control laws and agree not to transfer any of our Services to a foreign national, or national destination, that is prohibited by such laws.
- You acknowledge that youare not a person with whom we are prohibited from doing business under applicable export control laws.