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Terms and Conditions - for Lumi Apps (United States)

Lumi Apps United States


Lumi Applications (USA Only)
Terms and Conditions
Effective Date 30 July 2012

1    Introduction

1.1    These terms of use (“Terms”) apply to your use of the Lumi Software Application (the “App”). The App is made available by Lumi Technologies Inc. trading as Lumi Mobile, with its registered address at P.O. Box 716, Radio City Station, New York, NY 10019 (“Lumi”, “us” “we” or “our” for short).
1.2    These Terms form a binding legal agreement between you, as a user of the App, and Lumi. By downloading, installing and using the App you confirm that you have read, understood and agree to these Terms in their entirety and all other applicable laws. If you do not agree to these Terms in their entirety you must uninstall the application from your mobile device.
1.3    We make different versions of the App available on behalf of our clients organizations who are conducting market research and events programs (a “Research or Events Company”). If you are participating in a market research or events program, you may have been directed to download the App as part of that program. The App enables us to get your responses to surveys and/or chats designed by the Research or Events Company. Your responses to those surveys and/or chats, and any other information you provide, may include personal information about you. We, and the Research or Events Company, collect, analyze and process that personal information in accordance with our Privacy Policies (see section 2 below). If you cease to participate in that research or event program, then it is your obligation to uninstall the App from your mobile device.
If you are not involved in a research or event program, you may still download the App and respond to the surveys and/or chats, and we may use your responses and other information about you obtained via the App in accordance with our Privacy Policy.

2    Privacy Policy

2.1    The App is provided with the sole intention of collecting information about you for research purposes. This may include information about your geographic location, which is recorded on a semi-continuous basis. Our Privacy Statement and Privacy Policy set out important information on how we collect, use, disclose and manage that personal information. Please read them carefully. If you do not agree to the terms of that Privacy Policy, then you will need to uninstall the App.

3    Your use of the App

3.1    We hereby grant you a personal, non-exclusive, non-transferable, limited, right to download the App for your own limited, personal, non-commercial and lawful use on your mobile device, provided always that such use is subject to, and in accordance with, these Terms. The App and all content within it is made available to you on a limited license basis, and all rights and title in and to the App and all content within it not expressly granted under these Terms are expressly reserved to us and/or the applicable licensor.
3.2    Either of us may terminate the license at any time immediately with or without notice and on such termination you must uninstall all copies of the App on your device. You can disable the App at any time by following the steps below:
(a)    On iPhone – press and hold the application until a cross appears in the left hand corner of the icon. Select the cross to delete the application.
(b)    On Android – go to settings>applications>manage applications. Select the application and then select “Uninstall”.
(c)    On all other phones – highlight the application and choose “remove” or “delete” from the Options menu.
At that point, the App will stop collecting and transmitting information about you, and you will need to download a further copy of the App if you wish to participate in the research again. Please note that any information that has previously been collected by the App and sent to us up until the time you disabled it will continue to be used by us and by the Research or Event Company in accordance with Lumi’s and/or the Research or Event Company’s Privacy Policies.
3.3    You must not remove or alter any copyright and other proprietary notices contained within the App. Neither the App nor any part of or content within it may be distributed, reproduced, modified, transmitted, reused, re-posted or used for public or commercial purposes without Lumi’s prior written permission.
3.4    If you fail to comply with any term of these Terms, we may (without prejudice to any other rights we may have) suspend provision of the App or any applicable account or service provided by us to you and/or terminate it immediately (where we do so, we will always try to give you reasonable notice but you acknowledge that we may not always be able to do so where we reasonably feel such suspension or termination is necessary to protect our commercial interests).
3.5    You shall compensate and keep us fully protected against all claims, costs, damages, expenses (including legal fees) incurred by us arising out of and/or in connection with any breach by you of any of these Terms, including any use of the App other than in accordance with these Terms.
3.6    Please note that use of the App and is subject to your computer and/or portable device complying with our minimum standard technical specification and compatibility notice. You are advised to check this specification to ensure that your computer and/or portable device is compatible with our products and services and we shall not be liable for any failure arising in the App which arises from incompatibility (including, without limitation, minimum storage and memory requirements from time to time).

4    Warranties and Liability

4.1    The App and all content, functionality and features within it (the “Materials”) are provided “as is” and without warranties or representations of any kind either expressed or implied. To the greatest extent permitted by law, Lumi disclaims all warranties of satisfactory quality and fitness for a particular purpose and that content, information displayed in or on the App is accurate, complete up-to-date and/or does not infringe the rights of any third party. Lumi does not warrant that the functions contained in the Materials will be uninterrupted or error-free. Unless expressly stated otherwise in this Agreement and to the extent permitted by law, we do not give any other representation, warranty or recourse, express or implied and we hereby exclude all terms, representations and warranties that might otherwise be implied into this Agreement.
4.2    Save in respect of any liability for personal injury or death caused by our negligence, Lumi shall not be liable for any damages, loss or injury arising in connection with these Terms and/or your use of, or the inability to use, the App, or any function of the App, howsoever caused and whether arising in contract, tort (including negligence) or otherwise.
4.3    While we use reasonable efforts to ensure that the App is free from viruses and other malicious content, neither we nor any other party involved in producing or delivering the App assumes any responsibility, nor shall be liable for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, the App or your downloading of any materials, data, text, images, video or audio from the App. Except where required by applicable law, Lumi shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the App.

5    Information arising from your use of the App

5.1    Any information, data, reports, analysis and results which are created following your installation of the App on your mobile device (“Data”) shall vest in and be owned by Lumi and/or the Research or Event Company. You are entitled to access and view this information, or to ask us to stop processing it. Please refer to our Privacy Policy for more detail.
5.2    We are not under any obligation to use, collect or analyze any Data relating to you.

6    Changes

6.1    We reserve the right to make changes to these Terms, or to the functionality, features, feature or content of the App at any time. Changes to these Terms will be announced on our website. Please be sure to visit it regularly. You will need to download a new version of the App if you wish to take the benefit of any changes we may make to it.

7    Third Party Rights

7.1    These Terms are personal to you and Lumi and may not be enforced by any third party.

8    Governing Law and Jurisdiction

8.1    These Terms shall be governed by the laws of United States and any matter or dispute arising in connection with them or in connection with the App shall be subject to the exclusive jurisdiction of the courts of the United States. All contracts formed by these Terms shall be construed in English.
8.2    You are responsible for compliance with applicable local laws relating to the use of or otherwise connected with the App. To the extent that the App or any activity contemplated by it would infringe any law of a jurisdiction other than the United States, then you are prohibited from accessing or using the App or attempting to carry on any such offending activity and this provision shall override all other provisions of these Terms.