BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for all Users govern your use of Lumi
and your agreement
with us.
Interpretation: In the Terms of Service:
a. we refer to our website as "Lumi", including when accessed via the URL
www.Lumi.cc or via any web browser;
b. references to "we", "our", "us" are references to 艾瓦那有限公司, the operator of Lumi;
c. "Content" means any material uploaded to Lumi by any User (whether a Creator or a
Fan),
including any photos, videos, audio (for example music and other sounds), livestream
material, data, text (such as comments and hashtags), metadata, images, interactive
features, emojis, GIFs, memes, and any other material whatsoever;
d. "Creator" means a User who has set up their Lumi account as a Creator account to
post
Content on Lumi to be viewed by other Users;
e. "Fan" means a User who follows a Creator and is able to view the Creator's Content;
"Fan Payment" means any and all payments made by a Fan to a Creator, including
payments for
access to a Creator's Content, for interaction with the Creator, to procure new
Content from
the Creator, to subscribe to the Creator's account, to use the fan interaction
function on
the Creator's account, and any tips paid by a Fan to the Creator;
f. "Standard Contract between Fan and Creator" means the terms which govern each
transaction between a Fan and a Creator on Lumi;
g. "Terms of Service" (also called "your agreement with us") means the legally binding
agreement between you and us which consists of: (i) these Terms of Use for all
Users, (ii) Terms of Use for Fans, (iii) Terms of Use for Creators, (iv) Privacy
Policy, (v) Acceptable Use Policy, (vi) Complaints Policy, and (vii) Platform to
Business Regulation Terms;
h. "User" means any user of Lumi, whether a Creator or a Fan or both (also referred to
as "you" or "your").
Who we are and how to contact us: Lumi is operated by 艾瓦那有限公司. We are a limited company
registered in Taiwan, Republic of China, with company registration number 83205280 and we
have our registered office address at No. 439, Section 2, 10 Floor, Bade Rd, Songshan
District, Taipei City, Taiwan 105
To contact us with any questions about Lumi, please email our support team at
[email protected]. If you are unable to contact us by email, please write to us at the
following address: No. 439, Section 2, 10 Floor, Bade Rd, Songshan District, Taipei City,
Taiwan 105
How we may change the Terms of Service: We may change any part of the Terms of Service
without telling you beforehand in the following circumstances:
a. to reflect changes in laws and regulatory requirements which apply to Lumi and
the
services, features and programs of Lumi where such changes require Lumi to change
its
terms and conditions in a manner which does not allow us to give reasonable notice
to you;
and
b. to address an unforeseen and imminent danger related to defending Lumi, Fans or
Creators from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you
reasonable notice of such changes by email or through Lumi, and you may contact us to end
your agreement with us before the changes take effect. Once any updated Terms of Service are
in effect, you will be bound by them if you continue to use Lumi.
We may make changes to or suspend or withdraw Lumi: We may update and change Lumi from
time to time for any reason, including to reflect changes to our services, Users' needs and
our business practices or to improve performance, enhance functionality or address security
issues. We will try to give you reasonable notice of any major changes. We do not guarantee
that Lumi, or any Content on it, will always be available or accessible without
interruption. We may suspend or withdraw or restrict the availability of all or any part of
Lumi for business or operational reasons. We will try to give you reasonable notice of any
suspension or withdrawal if it affects you.
Registering with Lumi: To use Lumi you must first register and create a User account on
Lumi. You must provide a valid email address, a username, and a password or authenticate
using a valid Google account. Your password should be unique (meaning that it is different
to those you use for other websites) and must comply with the technical requirements of the
Lumi site for the composition of passwords. To register as a User:
a. you must be at least 18 years old, and you will be required to confirm this;
b. 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 must be old enough to be legally bound by a contract with us under the laws of the
country or State/province where you live; and
c. you must not be barred from accessing our platform under any laws which apply to you.
If you do not meet the above requirements, you must not access or use Lumi.
Your commitments to us: When you register with and use Lumi, you make the following
commitments to us:
a. If you previously had an account with Lumi, you confirm that your old account was
not
terminated or suspended by us because you violated any of our terms or policies.
b. You will make sure that all information which you submit to us is truthful, accurate
and
complete.
c. You will update promptly any of your information you have submitted to us as and when
it
changes.
d. You consent to receiving communications from us electronically, including by emails
and messages posted to your Lumi account, and to the processing of your personal data
as more fully detailed in our Privacy Policy.
e. You will keep your account/login details confidential and secure, including your user
details, passwords and any other piece of information that forms part of our security
procedures, and you will not disclose these to anyone else. You will contact
[email protected] promptly if you believe someone has used or is using your account
without your permission or if your account has been subject to any other breach of
security. You also agree to ensure that you log out of your account at the end of each
session, and to be particularly careful when accessing your account from a public or
shared computer so that others are not able to access, view or record your password or
other personal information.
f. You are responsible for all activity on your account even if, contrary to the Terms
of Service, someone else uses your account.
g. You will comply in full with these Terms of Use for all Users, our Acceptable Use
Policy and all other parts of the Terms of Service which apply to your use of Lumi.
Rights we have, including to suspend or terminate your account:
a. We can but we are not obligated to moderate or review any of your Content to verify
compliance with the Terms of Service (including, in particular, our Acceptable Use
Policy) and/or any applicable law.
b. It is our policy to suspend access to any Content you post on Lumi which we become
aware may not comply with the Terms of Service (including, in particular, our Acceptable
Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance
or unlawfulness of such Content. If we suspend access to any of your Content, you may
request a review of our decision to suspend access to the relevant Content by contacting
us at [email protected]. Following our investigation of the suspected non-compliance or
unlawfulness of the relevant Content, we may take any action we consider appropriate,
including to reinstate access to the Content or to permanently remove or disable access
to the relevant Content without needing to obtain any consent from you and without
giving you prior notice. You agree that you will at your own cost promptly provide to us
all reasonable assistance (including by providing us with copies of any information
which we request) in our investigation. We will not be responsible for any loss suffered
by you arising from the suspension of access to your Content or any other steps which we
take in good faith to investigate any suspected non-compliance or unlawfulness of your
Content under this section.
c. If we suspend access to or delete any of your Content, we will notify you via email
or electronic message to your Lumi account, but we are not obligated to give you prior
notice of such removal.
d. We reserve the right in our sole discretion to terminate your agreement with us and
your access to Lumi for any reason by giving you 30 days’ notice by email or electronic
message to your Lumi account. We can also suspend access to your User account or
terminate your agreement with us and your access to Lumi immediately and without prior
notice:
i. if we think that you have or may have seriously or repeatedly breached any part
of the Terms of Service (including in particular our Acceptable Use Policy), or if
you attempt or threaten to breach any part of the Terms of Service in a way which
has or could have serious consequences for us or another User; or
ii. if you take any action that in our opinion has caused or is reasonably likely to
cause us to suffer a loss or that otherwise harms the reputation of Lumi.
e. If we suspend access to your User account or terminate your agreement with us and
your
access to Lumi we will let you know. During any period when access to your User account
is suspended, any Fan Payments which would otherwise have fallen due during the period
of suspension will be suspended, and we may withhold all or any part of the Creator
Earnings due to you but not yet paid out in accordance with section 13 of the Terms of
Use for Creators.
f. Upon termination of your account, we may deal with your Content in any appropriate
manner in accordance with our Privacy Policy (including by deleting it) and you will no
longer be entitled to access your Content. There is no technical facility on Lumi for
you to be able to access your Content following termination of your account.
g. We can investigate any suspected or alleged misuse, abuse, or unlawful use of Lumi
and cooperate with law enforcement agencies in such investigation.
h. We can disclose any information or records in our possession or control about your
use of Lumi to law enforcement agencies in connection with any law enforcement
investigation of any suspected or alleged illegal activity, or in response to a court
order.
i. We can change the third-party payment providers that we use and if we do so, we will
notify you and store applicable details on your Lumi account.
j. Other than Content (which is owned by or licensed to Creators), all rights in and to
Lumi and its entire contents, features, databases, source code and functionality, are
owned by us and/or our licensors. Such material is protected by copyright, and may be
protected by trademark, trade secret, and other intellectual property laws.
k. We are the sole and exclusive owners of any and all anonymised data relating to your
use of Lumi and such anonymised data can be used by us for any purpose, including for
commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing Lumi to
you, but there are certain things which we are not responsible for, as follows:
a. We do not authorize or approve Content on Lumi, and views expressed by Creators or
Fans on Lumi do not necessarily represent our views.
b. We do not grant you any rights in relation to Content. Any such rights may only be
granted to you by Creators.
c. Your Content may be viewed by individuals that recognise your identity. We will not
in any way be responsible to you if you are identified from your Content. While we may,
from time to time and in our sole discretion, offer certain geofencing or geolocation
technology on Lumi, you understand and agree that we do not guarantee the accuracy or
effectiveness of such technology, and you will have no claim against us arising from
your use of or reliance upon any geofencing or geolocation technology on Lumi.
d. All Content is created, selected and provided by Users and not by us. We are not
responsible for reviewing or moderating Content, and we do not select or modify the
Content that is stored or transmitted via Lumi. We are under no obligation to monitor
Content or to detect breaches of the Terms of Service (including the Acceptable Use
Policy).
e. You agree that you have no obligation to follow any suggestions, comments, reviews or
instructions received from another User of Lumi and that if you choose to do so, you do
so entirely at your own risk.
f. The materials which we make accessible on Lumi for Users are for general information
only. We make no promises or guarantees about the accuracy or otherwise of such
materials, or that Users will achieve any particular result or outcome from using such
materials.
g. We do not promise that Lumi is compatible with all devices and operating systems.
You are responsible for configuring your information technology, device, and computer
programs to access Lumi. You should use your own virus protection software.
h. We are not responsible for the availability of the internet, or any errors in your
connections, device or other equipment, or software that may occur in relation to your
use of Lumi.
i. While we try to make sure that Lumi is secure and free from bugs and viruses, we
cannot promise that it will be and have no control over the Content that is supplied by
Creators.
j. We are not responsible for any lost, stolen, or compromised User accounts, passwords,
email accounts, or any resulting unauthorized activities or resulting unauthorized
payments or withdrawals of funds.
k. You acknowledge that once your Content is posted on Lumi, we cannot control and will
not be responsible to you for the use which other Users or third parties make of such
Content. You can delete your account at any time, but you acknowledge that deleting your
account will not of itself prevent the circulation of any of your Content which may have
been recorded by other Users in breach of the Terms of Service or by third parties prior
to the deletion of your account.
Intellectual property rights – ownership and licenses:
a. You confirm that you own all intellectual property rights (examples of which are
copyright and trademarks) in your Content or that you have obtained all necessary rights
to your Content which are required to grant licenses in respect of your Content to us
and to other Users. This includes any rights required to engage in the acts covered by
sub-section 10(b) below in any territory in which Lumi is accessible and, in
particular, in the United States of America, the United Kingdom and the European Union.
b. You agree to grant us a license under all your Content to perform any act restricted
by any intellectual property right (including copyright) in such Content, for any
purpose reasonably related to the provision and operation of Lumi. Such acts include to
reproduce, make available and communicate to the public, display, perform, distribute,
translate, and create adaptations or derivative works of your Content, and otherwise
deal in your Content.
c. The license which you grant to us under sub-section 10(b) above is perpetual,
non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by
us. This means that the license will continue even after your agreement with us ends and
you stop using Lumi, that we do not have to pay you for the license, and that we can
grant a sub-license of your Content to someone else or assign or transfer the license to
someone else. This license will allow us, for example, to add stickers, text, and
watermarks to your Content, to make your Content available to other Users of Lumi, as
well as to use your Content for other normal operations of Lumi. We will never sell
your Content to other platforms, though we may sell or transfer any license you grant to
us in the Terms of Service in the event of a sale of our company or its assets to a
third party.
d. Whilst we do not own your Content, you grant us the limited right to submit
notifications of infringement (including of copyright or trademark) on your behalf to
any third-party website or service that hosts or is otherwise dealing in infringing
copies of your Content without your permission. Although we are not under any obligation
to do so, we may at any time submit or withdraw any such notification to any third-party
website or service where we consider it appropriate to do so. However, we do not and are
under no obligation to police infringements of your Content. You agree that if we
request, you will provide us with all consents and other information which we reasonably
need to submit notifications of infringement on your behalf. Please see our Complaints
Policy for how to make a complaint about infringement of intellectual property rights.
e. You waive any moral rights which you may have under any applicable law to object to
derogatory treatment of any Content posted by you on Lumi. This waiver does not affect
in any way your ownership of any intellectual property rights in your Content or the
rights which you have to prevent your Content from being copied without your permission.
The waiver is intended to allow us when dealing with your Content (as permitted by the
license which you give us in section 10(b) above) to add watermarks, stickers or text to
your Content.
Linking to and from Lumi:
a. Links to Lumi:
i. You may link to the Lumi homepage, provided you do so in a way that is fair and
legal and does not damage our reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval, or
endorsement on our part.
ii. If you are a Creator, when promoting your Creator account you must comply with
our Terms of Service and the terms of service of any other website where you place a
link to or otherwise promote your Creator account. When promoting your Creator
account, you must not impersonate Lumi or give the impression that your Creator
account is being promoted by us if this is not the case. You must not promote your
Lumi account by using Google Ads or any similar advertising platform or search
engine advertising service.
b. Links from Lumi: If Lumi contains links to other sites and resources provided by
third
parties, these links are provided for your convenience only. Such links should not be
interpreted as approval by us of those linked websites or information you may obtain
from them. We have no control over the contents of those sites or resources and accept
no responsibility for them or for any loss or damage that may arise from your use of
them. If you decide to access any of the third-party websites linked to Lumi, you do so
entirely at your own risk and subject to the terms and conditions of use for such
websites.
How do I delete my account? If you want to delete your Lumi account then you may do so in
the 'Settings' section of your Lumi account.
a. if you are a Fan, the deletion of your account will take place within a reasonable
time following your request.
b. If you are a Creator, then once you initiate the "delete account" process your
account will remain open until the last day of your Fans' paid subscription period,
following which you will receive your final payment and your account will be deleted.
c. If you are both a Fan and a Creator then your account will be deleted in two stages
(Fan
first and then Creator).
Once your account has been deleted you won't be charged any further amounts or have
access to your former Lumi account or its Content, and any subscriptions will be
deleted and cannot be subsequently renewed. You will receive an email confirmation upon
the successful deletion of your account. Once your account has been deleted, we may deal
with your Content in any appropriate manner in accordance with our Privacy Policy
(including by deleting it) and you will no longer be entitled to access your Content.
There is no technical facility on Lumi for you to be able to access your Content
following termination of your account.
Who is responsible for any loss or damage suffered by you?
a. Whether you are a consumer or business User: We do not exclude or limit in any way
our
liability to you where it would be unlawful to do so. This includes (i) liability for
death or personal injury caused by our negligence or the negligence of our employees,
agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
b. If you are a consumer User: If you are a consumer User, you agree that:
i. We and our subsidiary companies, employees, owners, representatives, and agents
will not be liable to you for any loss of profit, loss of business or revenue,
business interruption, loss of business opportunity, or loss of anticipated savings
suffered by you arising from or in connection with your use of Lumi.
ii. If you are a consumer User and reside in the United States of America, our total
liability to you for claims arising out of or related to your agreement with us
shall be limited to USD 250 per claim.
c. If you are a business User: If you are a business User, you agree that:
i. We and our subsidiary companies, employees, owners, representatives, and agents:
1. exclude (to the extent permitted by law) all implied conditions, warranties,
representations, or other terms that may apply to Lumi or any content on it.
This means that if the Terms of Service do not expressly include a promise or
commitment by us, then one cannot be implied by law;
2. are not responsible to you for any loss or damage suffered by you that is not
a
foreseeable result of our breaching the Terms of Service or our failing to use
reasonable care and skill. Loss or damage is foreseeable if either it is obvious
that it will happen or if, at the time you agreed to the Terms of Service, both
we and you knew it might happen;
3. won't be liable to you for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if
foreseeable, arising out of or in connection with:
a. your inability to use Lumi or any of its services, features or programs; or
b. your use of or reliance on any content (including Content) stored on Lumi;
4. won't be liable to you for any:
a. loss of profits;
b. loss of sales, business, or revenue;
c. business interruption;
d. loss of anticipated savings;
e. loss of business opportunity, goodwill or reputation;
f. loss of data or information, including any Content; or
g. indirect or consequential loss or damage;
5. won't be liable to you for any loss or damage caused by a distributed
denial-of-service attack, virus, ransomware, or other technologically harmful
material that may infect your computer equipment, computer programs, data, or
other proprietary material due to your use of Lumi or any of its services,
features or programs, or due to your downloading of any material posted on it,
or on any website linked to it;
6. won't be liable to you if your Content is copied, distributed, reposted
elsewhere or its copyright is infringed by another User or any third party;
7. won't be liable to you for any disclosure of your identity, or any disclosure
or publication of your personal information by other Users or third parties
without your consent (also known as “doxing”);
8. won't be liable to you for any failure or delay by us in complying with any
part of the Terms of Service arising from events outside our reasonable control.
If there is any failure or delay by us in complying with any part of the Terms
of Service arising from an event outside our reasonable control then we will
contact you as soon as possible to let you know and we will take steps to
minimise the effect of the delay.
ii. Our total liability to you for any and all claims arising out of or related to
your
agreement with us, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise shall be limited to the greater of:
a. 100% of the total fees paid by you to us in connection with your use of
Lumi; and
b. USD 1,000.
General: You agree that:
a. If any aspect of your agreement with us is unenforceable, the rest will remain in
effect.
b. If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
c. We reserve all rights not expressly granted to you.
d. No implied licenses or other rights are granted to you in relation to any part of
Lumi, save as expressly set out in the Terms of Service.
e. Your agreement with us does not give rights to any third parties, except that the
exclusions and limitations of liability in the section entitled Who is responsible for
any loss or damage suffered by you? may be enforced by our subsidiary companies,
employees, owners, representatives and agents.
f. You cannot transfer your rights or obligations under your agreement with us without
our prior written consent.
g. Our rights and obligations under your agreement with us can be assigned or
transferred by us to others. For example, this could occur if our ownership changes (as
in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to
delegate performance of any of our obligations under your agreement with us to any third
party, but we will remain responsible to you for the performance of such obligations.
h. The Terms of Service form the entire agreement between us and you regarding your
access to and use of Lumi, and supersede any and all
Terms relating to disputes – the law which applies to your agreement with us and where
disputes and claims concerning Lumi (including those arising from or relating to your
agreement with us) can be brought:
a. For consumers (Fans):
i Consumers - Law:
1. If you are a consumer, your agreement with us is governed by Taiwanese law
and Taiwan law will apply to any claim you have against us or we have against
you that arises out of or in connection with your agreement with us (including
non-contractual disputes or claims). You will also be able to rely on mandatory
rules of the law of the country where you live.
ii. Consumers - where claims must be brought:
1. If you are a consumer resident in Taiwan, any claim arising out of or in
connection with your agreement with us (whether by you against us or us against
you, and including non-contractual disputes or claims) may be brought in the
courts of Taiwan
2. If you are a consumer resident outside of Taiwan, any claim arising out of or
in connection with your agreement with us (whether by you against us or us
against you, and including non-contractual disputes or claims) must be brought
in the courts of Taiwan.
b. For business Users (Creators and Referring Users):
i. Business Users – Law:
1. If you are a business User, your agreement with us, and any dispute or claim
(including non-contractual disputes or claims) arising out of or in connection
with it or its subject matter or formation shall be governed by Taiwanese law,
without regard to conflict of law provisions.
ii. Business Users - where claims must be brought:
If you are a business User, you and we agree that the courts of Taiwan shall
have exclusive jurisdiction to resolve any dispute or claim (including
non-contractual disputes or claims) which you have against us or we have against
you arising out of or in connection with your agreement with us or its subject
matter or formation.
c. Limitation period for bringing claims: Except where prohibited by applicable law, any
claim or cause of action which you have concerning Lumi (including those arising out of
or related to your agreement with us) must be filed within one year after the date on
which such claim or cause of action arose or the date on which you learned of the facts
giving rise to the cause of action (whichever is the earlier), or be forever barred.
Other terms which form part of your agreement with us: These Terms of Use for all Users
govern your agreement with us. Certain other terms or policies forming part of the Terms of
Service will also apply to you and form part of your agreement with us, as follows:
a. Terms of Use for Fans – which contain additional terms which apply if you use Lumi
as a Fan;
b. Terms of Use for Creators – which contain additional terms which apply if you use
Lumi as a Creator;
c. Privacy Policy – which applies to all Users and tells you how we use your personal
data and other information we collect about you;
d. Acceptable Use Policy which applies to all Users and tells you what you can and can’t
do on Lumi;
e. Complaints Policy - which sets out the procedure for making a complaint about any
aspect of Lumi, and how we will deal with that complaint
If there is any conflict between these Terms of Use for all Users and any of the terms or
policies listed at section 18(a) to (e) above, the Terms of Use for all Users will apply to
the extent of the conflict.