Last revised 2017-11-13
1. BASIC TERMS
This is a legal document about LumeoTech’s Terms and Conditions. Please refer to these notes in cursive writing for explanations of the paragraphs in plain English.
Welcome to the Lumeo Technology AB Properties, (“ Lumeo Technology ”, “LumeoTech”, “LumeoShop”, “ we ” “ our ”, or “ us ”).
These Terms and Conditions (” Terms and Conditions ”) govern Your use of our our Site and Product(s) provided by LumeoTech.
1.1 ACCEPTANCE OF THE TERMS AND CONDITIONS
You are as a user responsible for how you use LumeoTech so make sure you have understood what these terms say.
Please read these Terms and Conditions very carefully. If you do not agree to any of the provisions set out in these documents, you should not use the LumeoTech Properties . By accessing or using the LumeoTech Properties, registering an account, or by viewing, accessing, uploading or downloading any information or content from or to the LumeoTech Properties, you represent and warrant that you have read and understood these Terms and Conditions and will abide by them. By creating an account or clicking the “Create Account”-button, you are signing this Terms and Conditions. Should LumeoTech change these Terms, you will be informed thereof, and your consent will be collected, in accordance with Section 3.3 in these Terms.
Take care of your user account and don’t put it at risk for frauds.
You represent that You are of legal age to be a Registered User; and not a person barred from using the LumeoTech Properties under the laws of Your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under Your account. You agree that you shall monitor Your account to restrict use by minors, and You will accept full responsibility for any unauthorized use of the LumeoTech Properties by minors.
You may not share Your account or password with anyone, and You agree to (1) notify LumeoTech immediately of any unauthorized use of Your password or any other breach of security; and (2) exit from Your account at the end of each session.
If You provide any information that is untrue, inaccurate, not current or incomplete, or LumeoTech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LumeoTech has the right to suspend or terminate Your account and refuse any and all current or future use of the LumeoTech Properties (or any portion thereof). You agree not to create an account using a false identity or information, or on behalf of someone other than Yourself. LumeoTech reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an account or use the LumeoTech Properties if You have been previously removed by LumeoTech, or if You have been previously banned from the LumeoTech Properties or any of the Services.
1.4 RIGHT OF WITHDRAWAL
If you are a resident in the EU and have purchased a product from LumeoTech you have fourteen (14) days to withdraw your purchase by following the steps described here. Our Return Policy covers all customers in EU.
If You are a consumer resident within the European Union/European Economic Area, and You have purchased Product(s) on LumeoShop, You have a right of withdrawal from the purchase during a period of fourteen (14) days from the day of the conclusion of the contract (“Withdrawal Period”). If You wish to exercise Your right of withdrawal, You need to inform LumeoTech thereof before expiry of the Withdrawal Period. In order to do so, You can contact LumeoTech by e-mail: contact@LumeoTech.com
We do only offer refund if you regret your Order. You may do so until fourteen (14) days after receipt of your Order. All Orders are subject to Lumeo Technology AB ’s general three (3) business days Return Policy and our general Warranty policy, both of which can be found here:
Please contact the Customer Care team by e-mail contact@LumeoTech.com for further instructions. It may take up to one (1) business day to get response.
What you pay for today may change from time to time. Any tax implications from your purchases with LumeoTech is typically to be paid by you.
The current price(s) for our Products is posted on our Websites. We reserve the right to change the price. Prices on the LumeoShop are stated in different currencies. You are responsible for any and all fees, transaction costs and other costs that pertain to exchanging local currencies into Your currency when making your purchase. We may add our costs for shipment to the price listed on our Websites. Such costs will be added to your final price before checkout of your order.
All Products that are sold on the LumeoTech Websites are set with taxes and customs, unless otherwise indicated. You are responsible for paying for any and all taxes and customs that may apply to your purchase. If LumeoTech is obligated to collect or pay taxes, the ones that pertain to your purchase will be added to your purchase or invoiced to you
You acknowledge and agree that any and all Content that you share on publicly available parts of the LumeoTech Properties will be available and searchable for the whole world. We may provide you with means to limit the group of individuals to whom Content will be shared. Unless we provide this means and you have actively chosen to make use of it, all Content that you share in public will become available and searchable for the whole world.
2.1 USING THE LUMEOTECH PROPERTIES
You can only use LumeoTech’s Product(s) within the boundaries of law. Using LumeoTech’s services does not make you the owner of the services or their contents.
You must follow any policies made available to you within the LumeoTech Properties.
Using our LumeoTech Properties does not give you ownership of any intellectual property rights in our LumeoTech Properties or the Content you access. You may not use Content from our LumeoTech Properties unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our LumeoTech Properties. Do not remove, obscure, or alter any legal notices displayed in or along with our LumeoTech Properties.
2.2 THIRD PARTY CONTENT
Someone else’s content is someone else’s content, not LumeoTech’s or yours, but LumeoTech decides if someone else’s content can be displayed on LumeoTech’s Site.
The LumeoTech Properties display some Content that is not LumeoTech’s. This Content is the sole responsibility of the entity that makes it available. We may provide you with means, such as our API, to integrate third party content with the LumeoTech Properties. LumeoTech may review publicly shared Content to determine whether it is illegal or violates our policies, and we may refuse to display Content that we reasonably believe violates our policies or the law. This only applies to publicly shared Content – all other Content is encrypted even to us until you give us your explicit consent to access it or if such circumstances that are described under Disclosure of Your Content occur.
LumeoTech will occasionally send you information, some of which you can choose not to receive.
When “Create Account” on LumeoTech Properties, we may send you Newsletters, update messages, and other information. You may opt out of some of these communications.
3.1 TRADEMARKS ETC.
You cannot use LumeoTech’s trademarks without our permission. LumeoTech cannot use your trademarks without your permission.
All right, title, and interest in and to the LumeoTech Properties (excluding Your Content and the Content of other users) are, and will remain, the exclusive property of LumeoTech and its licensors. The LumeoTech Properties is protected by copyright, trademark, and other laws of both Sweden and foreign countries. Nothing in these Terms gives you a right to use the LumeoTech name, nor any of the LumeoTech trademarks, logos, domain names, and other distinctive brand features. Any and all feedback, comments, or suggestions you may provide to us is entirely voluntary. We will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
LumeoTech does not have the right to use your trademarks, logos, domain names and other distinctive brand features for other purposes than as these trademarks etc. In our Customer Services to you, LumeoTech provides you with means of making selected photos or moments public by “sharing” them to other services, which are not associated with LumeoTech in any way.
3.2 MEASURES TO PROVIDE THE SERVICES
Sometimes we will need to fiddle with the software to make it better. This can result in occasional disruption of your access to the Site.
LumeoTech shall have the right to limit your access to the LumeoTech Properties for purposes of making changes, updates, repairs, tests and simulations which require our software and/or any and all parts of our servers unavailable to you for a limited time.
Don’t break the law.
As a condition of use, You agree not to use the LumeoTech Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third party) either to
1. take any action,
2. Make Available any Content on or through the LumeoTech Properties that:
1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
3. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
4. involves commercial activities and/or sales without LumeoTech’s prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes;
5. impersonates any person or entity, including any employee or representative of LumeoTech;
6. interferes with or attempts to interfere with the proper functioning of the LumeoTech Properties or uses the LumeoTech Properties in any way not expressly permitted by the Terms; or
7. attempts to engage in, or engages in, any potentially harmful acts that are directed against the LumeoTech Properties, including but not limited to violating or attempting to violate any security features of the LumeoTech Properties, using manual or automated software or other means to access, ”scrape”, ”crawl”, or ”spider” any pages contained in the LumeoTech Properties, introducing viruses worms or similar harmful code into the LumeoTech Properties, or interfering or attempting to interfere with use of the LumeoTech Properties by any other user, host or network, including by means of overloading, ”flooding”, ”spamming”, ”mail bombing”, or ”crashing” the LumeoTech Properties; or
8. Use any application, software or other device created by a third party that, from a technical perspective, automatically modifies data, nor any such application, software or device that performs or permits you to perform anything listed under B above.
Should you find any content, software or other device that you perceive as being in violation of these Terms in any way, including but not limited to being offensive, please report this to us by contacting Customer Care at contact@LumeoTech.com.
5.ENDING THESE TERMS
Clicking the “Create Account” button actually means you accept these terms. You can terminate the terms by deactivating your account.
These Terms will become applicable as you create an account or click the ”Create Account”-button below. Unless there are any alterations to these Terms, they will continue to apply. Each time a Product is purchased, you warrant that you have read and approve the renewal of these Terms. These Terms can be terminated by You or by us as follows.
5.1 SUSPENSION OR TERMINATION OF YOUR ACCOUNT
If you are violating the law or LumeoTech’s terms or if your use of LumeoTech means a great risk for us or someone else or if LumeoTech no longer can afford to provide you the service, your account may be deactivated or your access be limited. In all cases where your account is shut down but LumeoTech is still a commercially available service.
We may suspend or terminate your account, to delete or limit Your access if we reasonably believe that
2. your conduct when using our services creates the risk of the death or serious bodily injury of any person, or the risk of fraud or abuse or damage to the property rights of LumeoTech, our affiliates, assignees, suppliers, business partners, users or any other person or entity,
3. you create risk or possible legal exposure for us or our affiliates, assignees, suppliers or business partners in any country, or
4. our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
If your account is terminated, LumeoTech may continue to store Your Account until the end of the third (3rd) month after the month when you account was terminated.
5.2 STORAGE OF YOUR PERSONAL DATA
5.3 DELETING DATA
LumeoTech may keep anonymised versions of your data after your account has been deactivated or terminated.
LumeoTech reserves the right to keep anonymised data for purposes of statistics, trouble-shooting and/or to fulfil our obligations according to national and international law.
Nothing in this section shall affect LumeoTech’s rights to change, limit or stop the provision of the LumeoTech Properties without prior notice.
6.DISCLAIMERS OF WARRANTIES
The disclaimers and warranties cover the product as is. Possible flaws may exist and LumeoTech will try to correct them as soon as possible. We make no guarantess at any time that LumeoTech’s products will be flawless. If the laws of your country make this section unlawful, then this section does not apply to you.
ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE LUMEOTECH PROPERTIES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
LUMEOTECH MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE LUMEOTECH PROPERTIES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. HOWEVER, LUMEOTECH WILL USE REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE LUMEOTECH PROPERTIES AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO OUR ATTENTION.
WE DO NOT WARRANT THAT YOUR USE OF THE LUMEOTECH PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LUMEOTECH PROPERTIES OR ANY PART OR PARTS THEREOF, OR THE SERVERS ON WHICH THE LUMEOTECH PROPERTIES OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DOES LUMEOTECH WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE LUMEOTECH PROPERTIES WILL BE SECURE OR THAT ANY ELEMENTS OF THE LUMEOTECH PROPERTIES DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, OR THAT YOUR USE OF THE LUMEOTECH PROPERTIES IS LAWFUL IN ANY PARTICULAR JURISDICTION. NOR DO WE WARRANT THAT ALL YOUR CONTENT WILL BE RETRIEVABLE IN THE EVENT THAT ANY OR ALL CONTENT IS DESTROYED.
LUMEOTECH AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
7.LIMITATION OF LIABILITY
If something happens to you or something you own as a result of you using LumeoTech’s products, it does not fall under any of LumeoTech’s warranties or liabilities. If the laws of your country make this section unlawful, then this section does not apply to you.
NEITHER YOU NOR LUMEOTECH AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, WILL, TO THE MAXIMUM EXTENT OF APPLICABLE LAW, BE LIABLE FOR LOST REVENUES OR OPPORTUNITIES, NOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS APPLIES EVEN IF THE PARTY SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF PAYING ONLY DIRECT DAMAGES DO NOT SATISFY A REMEDY. LUMEOTECH SHALL HAVE NO LIABILITY FOR LOSS OR DAMAGES INCURRED BY:
1. YOUR INABILITY TO ACCESS OR USE THE LUMEOTECH PROPERTIES OR TO ACCESS ANY CONTENT, ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE LUMEOTECH PROPERTIES OR ANY CONTENT, OR ANY ERRORS IN THE TECHNICAL OPERATIONS OF THE LUMEOTECH PROPERTIES;
2. ANY CHANGES THAT WE MAY MAKE TO THE LUMEOTECH PROPERTIES OR ANY PART THEREOF;
3. ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE LUMEOTECH PROPERTIES;
4. ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY LUMEOTECH OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY;
5. YOUR FAILURE TO PROVIDE LUMEOTECH WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
6. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH.
LUMEOTECH MUST BE NOTIFIED OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE LUMEOTECH PROPERTIES AS SOON AS POSSIBLE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS, AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
You agree not to press charges against LumeoTech if you are in trouble because you have violated these terms or the law or because of your use of our Product(s).
You agree to indemnify and hold LumeoTech, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders harmless from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys’ fees, which relate to or arise out of:
1. any violation by You of these Terms;
2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content and/or Making Available of Your Content to other users through the LumeoTech Properties, and/or the actual use of Your Content by other users in accordance with these Terms;
3. any activity related to Your account, be it by You or by any other person accessing Your account with or without Your consent, unless such activity was caused by the act or default of LumeoTech;
4. Your use of, or inability to use, the LumeoTech Properties;
5. Your use of any, software, products or other devices that are provided by third parties and that integrate with the LumeoTech properties; or
6. Your violation of any applicable laws, rules or regulations.
LumeoTech reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with LumeoTech in asserting any available defenses. You agree that the provisions in this section will survive any termination of Your account, the Terms, or Your access to the LumeoTech Properties.
8.1 FORCE MAJEURE
In case something really really ugly happens which causes LumeoTech or you to be unable to fulfill our obligations according to these terms, neither of us is responsible towards the other.
Neither party shall be liable, for damages nor any other consequences, if the party’s obligations according to these Terms, other than the obligation to pay money, are inhibited or delayed by circumstances that the party can not reasonably control or foresee, including but not limited to, any conflict in the workforce; natural phenomena such as lightning, earthquakes, floods etc.; fire; war; decisions and decrees made by governments or authorities; accidents; strikes or shortages of transportation facilities, fuel, energy, labor or materials; or similar circumstances.
One fault does not make all of the terms faulty.
Should one or more provisions of these Terms be found to be unlawful, void or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
If the company that supplies you with the service merges with, is acquired by or transfers the service to another company, the new company will still have to honour commitments made between LumeoTech and you set out by these terms.
If the ownership of LumeoTech’s business or the LumeoTech Properties changes, LumeoTech reserves the right to transfer and assign these Terms and Conditions and any information, rights and obligations, including your user account and Your Content, that arise from these Terms to another legal entity. This includes any assignment to a company within LumeoTech’s group of companies, including an owner of, or subsidiary to, LumeoTech or to a company that is not owned by, or otherwise affiliated with, LumeoTech. Any new legal entity will still have to honor the commitments LumeoTech have made in these Terms.
Some sections in the terms will apply even if the rest of the terms have expired or been terminated.
The following sections will survive expiration or termination of these Terms: 3.1 Trademarks etc., 7. Limitation of Liability, 8. Indemnification, 9. Miscellaneous.
9.4 ENTIRE AGREEMENT
Law English trumphs Plain English or other languages in court.
If LumeoTech provides a ”Plain English” version of these Terms or a translation of the English version, the English language version of the Terms will control if there is any conflict.
9.5 APPLICABLE LAW AND JURISDICTION
LumeoTech is a Swedish company and Swedish law governs these terms.
Except where otherwise required by the mandatory law of Sweden, any other member state of the European Union/European Economic Area or the United States,
1. these Terms are subject to the laws of Sweden, excluding the law (1987:899) of international purchases (the UN Convention on Contracts for the International Sale of Goods; CISG) and excluding the principles of conflict of laws (international private law), and
2. You hereby agree, and LumeoTech agrees, that disputes arising in connection with this agreement shall be resolved by arbitration, administered by the Arbitration institute of the Stockholm Chamber of Commerce (”the Institute”). The rules of Simplified Arbitration for the Arbitration institute of the Stockholm Chamber of Commerce shall apply, unless the Institute, based on the complexity of the case, the sum and other circumstances, decides at its own discretion, that the Rules for the Arbitration institute of the Stockholm Chamber of Commerce shall apply. In the latter case, the Institute shall also decide whether the arbitration committee shall consist of one or three members. The arbitration shall take place in Stockholm. The arbitration shall be held in English.
3. If You are a consumer resident within the European Union/European Economic Area, disputes arising in connection with these Terms may be settled by public courts in Sweden or in your country of residence. If You are a consumer resident in Sweden, You may also in some cases refer a dispute to The National Board for Consumer Disputes (Sw: Allmänna reklamationsnämnden).
4. You and LumeoTech waive all right to trial by jury, and the right to participate in a class action or multi-party law suit. Both You and LumeoTech acknowledge that each can bring claims against the other only in Your or our individual capacity, not as a class member or in any capacity or proceeding of a representative.
The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which LumeoTech seeks equitable relief of any kind.
We love getting mail.
Please email any questions, concerns or comments you have about these Terms on contact@LumeoTech.com or write to us at:
Lumeo Technology AB
SE-411 29 Gothenburg
Swedish registration No: 559104-1677