BY USING OUR WEBSITE AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for Fans are additional terms which apply if you use Lumi as a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
"Subscription" means a Fan's monthly subscription to a Creator’s account;
"VAT" means Taiwan value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of Taiwan or any other jurisdiction.
Other terms which will apply to your use of Lumi: The following terms will also apply to your use of Lumi and you agree to them:
Our Terms of Use for all Users;
Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
Our Acceptable Use Policy – which tells you what you can and can't do on Lumi;
Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Lumi, and how we will deal with that complaint; and
The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but applies to each transaction you enter into with any Creator and sets out the terms on which you will contract with Creators.
Other terms which may apply to your use of Lumi: The following additional terms may apply to your use of Lumi:
If you are also a Creator, the Terms of Use for Creators will apply to your use of Lumi as a Creator.
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
you are at least 18 years old;
if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
you are not barred from accessing Lumi under any laws which apply to you.
Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on Lumi:
You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Lumi:
the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Lumi.
You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Lumi. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
Adult material: You acknowledge that you are aware that some of the Content on Lumi contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
Subscriptions and purchases by Fans: This section describes the terms which apply to transactions and interactions between Fans and Creators:
All transactions and interactions facilitated by Lumi are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate transactions and interactions between Fans and Creators by providing the Lumi platform, storing Content, and acting as a payment intermediary, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.
Creators are solely responsible for determining (within the parameters for pricing on Lumi) the pricing applicable to transactions and interactions and the Content to which you may be given access. The currency used for the Payment of Content is determined by each Creator.
Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
To view a Creator's Content and/or utilise the fan interaction function on Lumi, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. Fan Payments will be charged in the currency of the Creators’ choice. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
The payment provider will take (i) monthly payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for ad hoc Fan Payments such as use of the fan interaction function on a Creator's account or paying a tip to the Creator. You authorize and consent to each of these payments being debited using your supplied payment card details.
You agree that you will not make unjustified requests for a refund from any Creator which you follow, or unjustified chargeback requests of your payment card provider in relation to any transaction between you and a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.