Terms of Use

TERMS OF USE – LUMYROS APPLICATION

 

1.    GENERAL TERMS
1.1.    These Terms of Use (the “Terms”) apply to use of all versions of Lumyros application (the “Application”), website and other means by which Jan Svamberg, ID No. 87998769, seat: Rasinova 192, Humpolec, 39601, Czech Republic (the “Provider”) provides content to you or receives content from you (the “Services”).
1.2.    You are supposed to read these Terms completely and carefully before using the Application, registering for, or submitting content to the Services. By using, registering for, or submitting content to the Services you accept the Terms and agree to comply with them. If you do not agree to these terms of use, you may not use, register for, or submit content to the Services.

 

2.    SERVICES
2.1.    The Services covered by these Terms include all versions of the Application and other means by which the Provider provides content to you or receives content from you, including downloadable or preloaded software applications content, blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alert products, and delivery of the Provider`s content to you at your request. 
2.2.    The Services are owned and operated by the Provider, but the Services may include elements licensed from or provided by third parties.
2.3.    The Provider retains all right, title and interest in and to the Services, including all intellectual property rights therein. The Provider has the right at any time to change or discontinue any of the Services or any aspect or feature of the Services. 
2.4.    The Provider has the right to terminate or suspend your ability to access the Services or any portion thereof, for any or no reason, without notice (except as and when required by law or as stated in these Terms). All fees paid for use of or access to the Services are non-refundable unless stated otherwise in these Terms or unless applicable law provides otherwise. 
2.5.    The Services are intended for use by a general audience and are not directed to those under the age of 18.
 
3.    REGISTRATION
3.1.    In order to enable the use of the Services and features of the Application, you shall register by creating a user account in the Application. 
3.2.    You must be at least 18 years of age to register. By registering to use the Services, you represent that you are of the minimum registration age or older, and if you are under the age of majority in your country, state or territory, you represent that you either are an emancipated minor or you have obtained the legal consent of your parent or legal guardian to enter into these Terms.
3.3.    By registering, you represent and warrant that all information that you choose to provide is current, complete and accurate. You agree to maintain and promptly update such information if necessary, so that it remains current, complete and accurate.
3.4.    You are responsible for all use of your account, regardless of whether you authorized such access or use, and for ensuring that all use of your account complies fully with these Terms.
3.5.    By using any of the Services you are also agreeing to the terms of the Provider's Privacy Policy (located at https://www.lumyros.com/privacypolicy) and the collection, use, sharing and storage of personal data as described therein.

 

4.    RESTRICTIONS ON USE
4.1.    You shall use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any applicable laws, rules, or regulations. 
4.2.    You shall not post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services. You shall not use the Services to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other services competitive with the Services. 
4.3.    Any conduct by you that in the Provider's discretion restricts or inhibits any other user from using or enjoying the Services is not permitted. In particular, you shall not:
a)    impersonate any person or entity, or otherwise misrepresent your affiliation;
b)    manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
c)    alter or delete information not provided by you, interfere with the operation of the Services, or upload, post or otherwise make available any content that contains any virus, computer code, file, or other material intended to cause the interruption, destruction, or loss of functionality of any Services, computer software, data or hardware;
d)    attempt to gain access to confidential information to which you are not entitled;
e)    modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by any Services; and/or
f)    monitor any information in or related to the Services for any unauthorised or commercial purpose
4.4.    The Services might contain copyrighted material, trademarks and other proprietary information, including, without limitation, data, animation, text, software, images, video, graphics, music and sound, and the rights to the contents of the Services are owned or controlled by the Provider or licensed from third parties. Subject to all of the terms and conditions of these Terms, the Provider grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable licence to access and use the Services for your personal, non-commercial use only. 
4.5.    While you may access, view, use and display the Services for your personal, non-commercial use, you may not modify, reproduce, distribute, publicly display, publicly perform, rent, lease, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except as expressly indicated by the Provider in these Terms. You are solely liable for any damages caused to the Provider or third parties due to violation of this rule.
4.6.    You are solely responsible for obtaining and maintaining all devices, wired or wireless communications means, mobile phones, computer software, computer hardware and other equipment needed for access to and use of the Services and all charges related thereto.
4.7.    The Provider reserves the right to modify, add or remove features or functions of the Services. From time to time, the Provider may require the update of the Services on your mobile phone or another device when a new version of the Services becomes available. This update may occur automatically or through other means, or you may be required to download the update before continuing to use the Services. Notwithstanding the foregoing, the Provider has no obligation to make available to you any updates or new versions of the Services.
4.8.    If you sign up or request to receive alerts, forecasts, notifications or other communications from the Provider through the Services, you expressly consent to receiving such communications in the form of text messages, push alerts, in-app messages, pop-up messages or e-mails, as applicable, to the contact points identified through the Services. You acknowledge and agree that certain communications are advertising-supported services and you consent to receive advertising in such communications.

 

5.    USER SUBMISSIONS
5.1.    If you submit any material to the Application or to the Provider, you will be deemed to have made the following representations and warranties, upon which the Provider will have the right to rely:
a)    You have obtained any and all necessary rights and where required, written releases, from any and all recognisable persons appearing in the material, and from any and all persons who provided art work or any other content appearing in the material;
b)    The Provider's exercise of the rights granted by you under Sec. 5.2 will not infringe on any rights of any third party, including, but not limited to, copyright, trademark, privacy or publicity rights anywhere in the world; and
c)    You understand and agree that the Provider shall have no obligation to copy, publish, display or otherwise exploit the material, nor shall it be obligated to prevent, or have any liability for, any unauthorised copying, publishing, displaying or other exploitation of the material by others.
5.2.    By submitting material to the Application you automatically grant to the Provider the royalty- and payment-free, worldwide, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, publicly perform, publicly display, prepare derivative works from, distribute, modify, adapt, publish, translate, edit, transmit, reformat, and sublicense such material (in whole or in part, directly or indirectly) and/or to incorporate it in other works in any form, manner, media or technology. You agree to allow use of your name, username, geographical location, and descriptions and text accompanying your submissions on the Application and in publicity or advertising without compensation.
5.3.    By submitting material to the Application, you automatically grant any other user of the site the right to access, view, store or reproduce the material for that user's personal use.
5.4.    The Provider shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the Services. The Provider does not have an obligation to review submitted material on the Services, and the Provider cannot assure that submitted material, including but not limited to user-reported weather, road conditions, environmental, travel, or other conditions, will be accurate, complete, timely, reliable, useful, appropriate or appropriately expressed. While the Provider may review submissions, the Provider does not assume responsibility for the contents of any submission. 
5.5.    You should not rely or take any action based upon user submissions or alerts that could involve or lead to risk, danger or harm of any kind, including, but not limited to risk to a person`s safety, security or health, property damage or economic losses.
5.6.    The Provider may choose not to publish any material submitted to the Application at its sole discretion, and such choices cannot be disputed. Without limiting the foregoing, the Provider shall have the right to remove any material that the Provider, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. The Provider reserves the right to alter content as appropriate for the medium.
5.7.    You shall not upload, post or otherwise make available on the Services any material that could foreseeably pose risk, danger or harm of any kind, including, but not limited to risk to a person's safety, security or health, property damage, or economic losses. You shall not upload, post or otherwise make available on the Services any material or information that you know to be false, untrue or alarming. You shall not upload, post or otherwise make available on the Services any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights in the material, and the burden of determining whether any material is protected by such rights rests with you. You will be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary rights, or any other harm resulting from your submissions.
5.8.    Subject to the Provider`s policies regarding privacy, any message, forum postings, blog entries, animation, images, videos, ideas, suggestions, concepts or other material submitted by you will be treated as non-confidential and non-proprietary.

 

6.    MESSAGES AND ALERTS
6.1.    By subscribing to the Services, you represent and warrant that you are in lawful possession of the mobile phone or wireless device to which directing messages are to be sent. You agree and represent that all registration and contact information provided during the sign-up process, including the mobile phone number registered for the Services, is accurate and current. If any of your registration or contact information or your mobile phone number changes, you agree to update it immediately. You are solely responsible for the use of the Services by you and anyone you allow access to the Services.
6.2.    The Provider provides several types of recurring messages and alerts. Some are sent daily and some are sent only when certain conditions occur. The number of alerts received will vary by alert type and also depends on the type of your subscription, settings you choose, and the weather conditions in the relevant location. You acknowledge and agree that the Provider may send you also programme-related messages related to billing, maintenance, usage, tips, reminders, technical support and the operation of the Services.
6.3.    A mobile phone or wireless device is required to use the Services. The Services are not available on all carriers or on all rates plans. Even for Services for which the Provider does not charge, standard message and rates may apply from your mobile or wireless device carrier. Your carrier may charge you for each message sent and received. Please contact your carrier for messaging rates and terms applicable to your plan. You are solely responsible for any fees or charges incurred from participating in the Services. Under no circumstances will the Provider, third party service providers, agents or affiliates be responsible or liable for any text messaging or wireless service charges incurred by you, any person responsible for charges related to the registered mobile or wireless device, or any person having access to the registered mobile phone or wireless device, or for any overcharge or billing error by or any billing dispute with any mobile or wireless device carrier.
6.4.    The Services may not be available at all times and in all areas. You acknowledge that your device must be connected to the Internet or data access to receive messages and alerts. In order to receive a sound alert, you must not switch your device to a silent mode. The Provider shall not be liable for the malfunction of the Services caused by lack of the internet connection or use of a silent mode. Furthermore, certain variables could affect delivery of the messages and alerts, including but not limited to the functionality of your carrier's network and text messaging platform, and restrictions set by your carrier to your account. Neither the Provider nor third party service providers guarantee message delivery, completeness, accuracy, or timeliness, or that Services will be available at all times. Neither the Provider nor third party service providers are responsible for messages that are lost or misdirected.
6.5.    You may opt out of the Services at any time by signing into your account and disabling the Services. You agree that, upon opt-out, your participation in the Services is deemed terminated immediately.

 

7.    LIMITATION OF LIABILITY
7.1.    You expressly agree that use of the Services is at your sole risk. The Services, including but not limited to all content, information, forecasts and alerts included therein and all material provided through the Services are provided on an “as is” and “as available” basis without representations or warranties of any kind. The Provider does not make any representation or warranty as to the results that may be obtained from use of the Services or as to the accuracy, completeness, timeliness, availability or reliability of the Services. In particular, the Services are supposed to help you to sight an aurora. However, you acknowledge that an aurora is a highly unpredictable natural phenomenon. Therefore, the Provider makes no representation, warranty, or guarantee that you will catch sight of this natural phenomenon.
7.2.    Certain Services are not available in all languages or in all countries. The Provider makes not representation that the Services are appropriate or available for use in any particular location. To the extent that you make use of the Services, you do so on your own initiative and at your own risk and are responsible for compliance with any applicable laws.
7.3.    The Provider makes no representation, warranty or guarantee of accuracy, completeness, timeliness, availability or reliability of any location data or location capabilities of the Services. Be cautious when using location information and sharing them with others. With respect to the commuter forecast and similar Services made available to you, you acknowledge and agree that map data, traffic data, directions and related content are provided for planning purposes only. You may find that weather conditions, construction projects, closures or other events may cause road conditions or directions to differ from the map results provided to you through the Application. You should always exercise your judgement in your use of the Services and must obey all signs or notices regarding your route.
7.4.    To the extent permitted by applicable law, you expressly understand and agree that the Provider shall not be liable for any direct, indirect, incidental or other damage or expense directly or indirectly resulting from or arising out of your use or your inability to use the Services and any other matter relating to the Services or the content of the Application. 

 

8.    INDEMNIFICATION 
8.1.    You agree to defend, indemnify and hold harmless the Provider and its suppliers, representatives, agents and affiliated companies from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys` fees and costs) arising out, relating to or in connection with: (i) your use of the Services; (ii) any content or materials that you submit or upload to or through the Services; (iii) your unauthorised use of the Services or content or material obtained through the Services; (iv) any violation of any law or regulation by you; and (v) your breach of these Terms. 
  
9.    THIRD PARTY CONTENT, LINKS, SERVICES AND DISTRIBUTION
9.1.    The Provider is not a publisher of content supplied by third parties and users of the Services. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of the Provider.
9.2.    Some of the Services incorporate might link to websites, applications and services operated by third parties. The Provider does not in any way endorse, nor is it responsible for the operation of, or content provided through, websites, applications and services operated by third parties, and your use thereof is at your own risk. 
9.3.    The Provider does not review or edit the material uploaded by users of the Services and therefore it is not in a position to determine the legality of the content. Therefore, the Provider does not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the material uploaded by users of the Services. If you use such material, your use is at your own risk.
9.4.    Some content or functionality of certain Services may be provided through or enabled by device manufacturers, communications carriers, distributors or other third parties not controlled by or affiliated with the Provider. You acknowledge that the Internet or data access may be required for use of certain Services. You are responsible for obtaining all such services and access at your sole cost and the Provider shall have no responsibility or liability for any such services or access.

 

10.    CHANGED TERMS
10.1.    The Provider has the right at any time, in its sole discretion, to change or modify the terms and conditions applicable to use of the Services or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Services, by e-mail or by any other means. Any use of the Services by you, including without limitation, your continued submission of content to the Services, after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions. If any modification to these Terms is unacceptable to you, you must immediately terminate your use of the Services.

 

11.    TERMINATION
11.1.    The Provider has the right to terminate and/or suspend your ability to access the Services or any portion thereof for any or no reason, at any time, without notice. In addition, your use of the Services may, at the Provider`s discretion, be terminated when new versions of the Services are released, and your use of such new versions, if you choose to use them, shall be governed by the Terms of Use made available by the Provider at such time.
11.2.    Your authorization to use the Services under these Terms and any obligations of the Provider to you will automatically terminate if you fail to comply with any term of these Terms. No notice shall be required from the Provider to effect such termination. In the event of such termination resulting from your failure to comply with these Terms, you will receive no refund of any amounts paid for the Services.

 

12.    MISCELLANEOUS
12.1.    These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired. The paragraph headings used herein are for convenience only and shall not be given any legal import.
12.2.    The rights licensed to you hereunder are personal to you, and may not be transferred to, assigned to, or used by any other person without the Provider`s express prior written consent.
12.3.    These Terms shall be construed in accordance with the laws of the Czech Republic. All disputes under these Terms shall be resolved by competent court of the Czech Republic. The local competence shall be determined by the registered seat of the Provider. 
12.4.    No waiver by the Provider of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

13.    NOTICE
All notices contemplated by these Terms shall be in writing. The Provider may provide notice to you via e-mail or the Services. All notices to the Provider shall be addressed to:
Jan Svamberg
jan@lumyros.com