“Skylum” is a trading name of Shinyfields Limited, a Cyprus limited liability company, which operates websites itself and through certain affiliates, including Skylum Software USA, Inc., a Nevada corporation (collectively, “Skylum”).
PLEASE READ CAREFULLY BEFORE ACQUIRING SUBSCRIPTION FOR LUMINAR X SUBSCRIPTION:
These Terms apply only to Luminar X and updates to it.
Scope of Subscription
You can get Luminar X on a subscription basis only.
An annual subscription gives you access to all Luminar X tools and updates with the below limitations:
Use of up to 120 Luminar Looks and/or Luminar Templates that may become available at once or by portions (e.g., 10 new ones each month);
Use of up to 120 Luminar Sky Overlays that may become available at once or by portions (e.g., 10 new ones each month);
4 new video tutorials on [the Software / Luminar X] that will become available within the period of each annual subscription;
4 new video tutorials on photography that will become available within the period of each annual subscription.
Skylum reserves the right, in its sole discretion, to amend the above limitations from time to time by posting an updated version of these Terms on its Websites. [Skylum may reduce the number of the items available within the subscription for the current year by replacing them with tantamount or better features only.]
Acquiring the subscription, you also get a range of discounts for all the products offered on the Luminar Marketplace, which is not cumulative with any other discounts and/or special offers.
Term, Renewal, and Cancellation of Subscription.
You will be billed in advance on a recurring annual basis.
Skylum offers the subscription with a 30-day cancellation period. You may cancel the subscription and get the money refund at any time during the thirty (30) day period following the date of purchase.
At the end of the year, your subscription will automatically renew under the same conditions unless you cancel it or Skylum cancels it or modify the conditions for the prospective year.
You may cancel the subscription for the prospective year at any time before the respective year commences.
Thirty Day Money Back Limited Guarantee.
The terms and conditions of the Thirty Day Money Back Limited Guarantee set out in para 1.3 of Skylum EULA apply to the subscription for Luminar X.
If you are not completely satisfied with the Luminar X subscription for any reason, you may cancel the subscription for a refund of the money you paid at any time during the thirty (30) day period following the date of purchase on the respective terms and conditions.
These Terms and Conditions were last modified on 12 August 2020.
Our referral sources are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration from you. The following agreement protects our good name while giving you the opportunity to profit from your internet traffic. If you have any questions, please don't hesitate to let us know. We are strong believers in straightforward and honest communication. For the quickest results, please email us at email@example.com. Best regards, Roman Pylypenko, Product Marketing Manager.
RESTRICTIONS AND PROHIBITIONS The following conduct will either result in our denial of your application to be in our Referral Program or will result in termination if you are already in the Referral Program.
Do not apply if your social media account or website currently promotes or may in the future contain sexually explicit materials, violence, discrimination, and/or is otherwise used for illegal activities.
You must comply with FTC's Endorsement Guidelines, which means that you must have a reasonable basis for any endorsements and product reviews that you publish. We do not tolerate unfounded critical comparative reviews and any form of disparagement of our competitors’ products.
Paid search campaigns in Google Adwords.
Paid search campaigns containing our trademarks in other systems.
Cybersquatting and typosquatting.
Coupon usage is restricted. Please see paragraph 9 of the Agreement for details.
REFERRAL AGREEMENT PLEASE READ THE ENTIRE AGREEMENT. YOU MAY PRINT THIS PAGE FOR YOUR RECORDS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SKYLUM. BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND AND RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
Overview This Agreement contains the complete terms and conditions that apply to you becoming a referral ("Referral") in Luminar Referral Program. The purpose of this Agreement is to allow HTML linking between your social media account or website and the Skylum website. Please note that throughout this Agreement, "we," "us," and "our" refer to Skylum, and "you," "your," and "yours" refer to you as the referral partner.
2.1. To begin the enrollment process, you will complete and submit the online application at the skylum.partnerstack.com server. All applications are checked and approved automatically. But we may reject your application at our sole discretion and will do so if you or your site:
2.1.1. promote or display sexually explicit materials;
2.1.2. promote or display violence;
2.1.3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
2.1.4. promote or engage in illegal activities;
2.1.5. incorporate any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law; 2.1.6. include "Skylum", "Luminar" or variations or misspellings thereof in any domain name that you use or control; 2.1.7. otherwise in any way engage in unlawful, harmful, threatening, defamatory, libelous, obscene, harassing, or fraudulent conduct, or other conduct which may be racial, ethnically, or otherwise objectionable to us in our sole discretion;
2.1.8. use software downloads that potentially enable diversions of commission from other members of our Referral Program;
2.1.9. create or design your website or any other website that you operate or control explicitly or implicitly in a manner that resembles our website or design your website in a manner that leads customers to believe you are Skylum or any of our other affiliated businesses. 2.2. As a member of the Luminar Referral Program, you will have access to the Account Manager. Here you will be able to review our Program's details, download text and banner creative material, browse and get tracking codes for our deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other referral links we provide you with. 2.3. Skylum reserves the right, at any time, and for any reason, to terminate your participation in the Luminar Referral Program and block our HTML link from your site.
2.4. The maintenance and updating of your social media account or website is your responsibility.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights. You agree to indemnify and hold us harmless from any liability or costs for any claims arising out of your acts or alleged acts which allege copyright infringement by you.
2.6. All members in our referral program must be compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements. All endorsements, reviews, testimonials on Skylum products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and Skylum must be clearly disclosed in a written statement on your websites. FTC points out that "when there exists a connection between the endorser and the seller of the advertised product," it is imperative that such a connection is "fully disclosed." FTC would deem our relationship as an endorser-sponsor and believes that the end-user has the right to understand that an endorser-sponsor relationship exists. We share the underlying idea of this approach and require you to adhere to the FTC's rules. Skylum Rights and Obligations
3.1. We may monitor your social media account or site to determine if you are following the terms and conditions of this Agreement. We have the right to terminate your participation in the Luminar Referral Program if you engage in any of the conduct set forth in Section 2 of this Agreement, otherwise violate the terms and conditions of this Agreement, or for no reason at all in our sole discretion. If we terminate this agreement for breach, Skylum shall not be liable to you for any commissions commencing on the date of your breach, regardless of when this agreement is terminated. 3.2. This Agreement will begin upon our acceptance of your application and will continue unless terminated hereunder.
Termination Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of an email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you. If we terminate for breach we may also pursue any and all legal and/or equitable remedies. Modification We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include but are not limited to the Luminar Referral Program rules that we may publish or send to you. If any modification is unacceptable to you, your only option is to terminate this Agreement. Your continued participation in the Luminar Referral Program following the notice or the posting of our new Agreement on our site will indicate your agreement or rules to the changes. Payment Skylum uses a third party to handle all of the tracking and payment for the Referral Program. The third party is currently a partnerstack.com network. Please review the network's payment terms and conditions as they are applicable to you.
Access to Account Interface Register as a publisher in the skylum.partnerstack.com network. After that you will get access to a secure account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you. Promotion Restrictions 8.1. You are free to promote your own websites, but naturally any promotion that mentions Skylum could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Skylum. For example, advertising commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Skylum products so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. You may also post to newsgroups to promote Skylum products so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your social media accounts or websites as independent from Skylum. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Luminar Referral Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation. 8.2. Pay-Per-Click advertising in Google Adwords is strictly prohibited. Other systems for Pay-per-Click advertisements may be used subject to the terms stated in Section 8.3 below. 8.3 You are not permitted to bid in Pay-Per-Click campaigns on keywords such as skylum.com, skylum, www.skylum, www.skylum.com, luminar, luminar 4, luminar 3, luminar.com, www.luminar, www.luminar.com, www.luminar.com, and/or any misspellings or similar alterations of these -- be it separately or in combination with other keywords or if you are a Coupon Referral (as defined in Section 9 below) in combination with + coupon, + discount and similar key phrases. Bidding on those keywords will be considered a trademark violation and you will be terminated and banned from the Luminar Referral Program. 8.4. You are not prohibited from keying in a prospect's information into the lead form as long as the prospects' information is real and true and these are valid leads (i.e., sincerely interested in Skylum's service). 8.5. You shall not transmit any so-called "interstitials," "ParasitewareTM," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations and/or Add-ons," "Shopping Wallets," or "deceptive pop-ups and/or pop-unders" to consumers from the time the consumer clicks a qualifying link until such time as the consumer has fully exited Skylum site (i.e., no page from our site or any Skylum's content or branding is visible on the end user's screen). As used herein "ParasitewareTM" and "Parasitic Marketing" shall mean an application that (a) through accidental or direct intent causes the overwriting of Referral and non- Referral commission tracking cookies through any other means than a customer- initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing pop ups, commission tracking cookies to be put in place, or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Bing, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Skylum site in IFrames, hidden links, and automatic pop ups that open Skylum site; (d) targets text on websites, other than those websites 100 percent owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Referral banners with any other banners, other than those that are on websites 100 percent owned by the owner of the application.
8.6. If you are found to be cybersquatting or typosquatting on trademark-related domains you will be terminated and any commissions accrued to you, but unpaid will be forfeited. Promotion Restrictions for Coupon Referrals A "Coupon Referral" is a Referral whose business model substantially consists of making coupons available. Whether you are classified as a Coupon Referral shall be determined by Skylum in its sole discretion. Factors that may lead to classification as "Coupon Referral" include, but are not limited to (i) the presence of coupon offerings, especially from many different merchants, on the Referral’s website, especially if such coupons represent many different merchants and/or are indexed or are organized in a directory; (ii) the presence of certain words (or variations or misspellings thereof) in the website's URL or prominently featured in the website's content, such as "coupons," "deals" or "savings"; (iii) a website that is focused on other merchants and the discounts or promotions offered by them, rather than on products, and that features little original, human-generated content. 9.1. If you are a Coupon Referral you are only allowed to use only coupon offers and promo materials provided via skylum.partnerstack.com. Text links may be used in e-mail communication with Coupon Referral users. You are prohibited to use text links on Coupon Referral website unless the page where this coupon offer is used has the following meta tag in the section of the page: 9.2. Use of unauthorized links or coupon codes (those links or codes not specifically provided to you through Partner Stack) by us is prohibited.
9.3. You are not allowed to use keywords such as skylum.com, skylum, www.skylum, www.skylum.com, luminar, luminar 4, luminar 3, luminar.com, www.luminar, www.luminar.com, www.luminar.com, and/or any misspellings or similar alterations of such keywords be it separately or in combination with + coupon, + discount and similar key phrases in the domain names. Such actions will be considered trademark violations and you will be terminated 9.4. Posting coupon offers on your website with "reveal the coupon code " or a similar phrase that stimulates visitors to click to reveal a coupon code and go to the Skylum's site is prohibited. Grant of Licenses We grant to you a nonexclusive, nontransferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement, and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Luminar Referral Program. You agree that all uses of the Licensed Materials will be on behalf of Skylum and the goodwill associated therewith will inure to the sole benefit of Skylum. Disclaimer SKYLUM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING SKYLUM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Representations and Warranties You represent and warrant that: 12.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. 12.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party. Limitations of Liability WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL SKYLUM`S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT. Indemnification You hereby agree to indemnify and hold harmless Skylum and its subsidiaries and referrals, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the referral trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site or your business.
Confidentiality All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party. Disputes Any dispute relating in any way to this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Federal Arbitration Act and federal arbitration law and the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity's intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them particular value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages. Miscellaneous 17.1. You agree that you are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Skylum. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your website or any other of your websites or otherwise, that reasonably would contradict anything in this Section. 17.2. You may not assign your rights or obligations under this Agreement to any party, except with prior notice to us and our consent. 17.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Delaware without regard to the conflicts of laws and principles thereof. 17.4. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written. 17.5 The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 17.6. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect. 4820-8841-0138, v. 3 This is an amendment to Schedule 1 of the Master Campaign Agreement. Coupon referrals must prevent Skylum coupon pages from being indexed by search engines. To do so coupon referrals must add "no index" meta tags to pages where Skylum coupons are promoted. Please check paragraph 9.1 for details. More information on "no index" meta tags can be found at the URL below: https://support.google.com/webmasters/answer/93710?hl=en.
Photos edited with Luminar including all its features are allowed for non-commercial and commercial use.
You must be over the age of 18 to purchase products or register an account. You must be over the age of 13 to use the Website.
Regardless of your age, you are not eligible to use the Websites if doing so would violate any U.S. law or regulation, including but not limited to export controls or restrictions.
If you are otherwise eligble, you may register with Skylum and create an account in order to manage software, and to access the videos, instructional programs and other materials which may be made available from time to time on the Website, and to participate in activities managed or operated through the Website. In order to register on the Website you can fill in a registration form or log in via Facebook or Google. For special programs , contests or specific purposes we may impose separate registration procedures.
You are responsible for keeping your account and/or password secure and confidential. Please do not share your user name or password with anyone and do not leave your password and account details unsecured. You accept all responsibility for all activity that occurs under your account, user name and password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or password.
We reserve the right to terminate or suspend your account, to refuse service, remove or edit content on the Website immediately, without prior notice or liability, in our sole discretion, for any reason or no reason.
If you wish to terminate your account, please contact us at firstname.lastname@example.org to do so.
If you wish to purchase licenses to any Skylum software, applications, third party products or applications available for purchase and/or use, including trial versions of our products (“Skylum Software” or “Products”), information about the Products may be made available on the Website, but you may be directed to complete the transaction on websites of our partners, authorized resellers, distributors or other third party suppliers.
Our Website contains links to third party websites, resources, products or services, including, but not limited to, the websites of our resellers or distributors where you may purchase licensed Products. Such links are provided only for reference and convenience. We have no control over such websites and assume no responsibility for their content or their operation.
Any link to third party websites that you may find on our Website, other than those of resellers or distributors, does not imply affiliation with Skylum, and we do not endorse any third parties or their websites.
You acknowledge and agree that Skylum shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content or functionality made available, or purported to be available, on or through any third party websites, including those of our resellers and distributors.
You can get the Mac App Store version of Luminar 4 as a one-time purchase or as a subscription. Since the Mac App Store is a third-party supplier of Skylum software, all Luminar 4 licenses obtained through the App Store are connected to a customer’s Apple ID and all transactions including billing, subscription renewals, and refunds are carried out through the App Store. If you have any questions about App Store terms and conditions, you can contact the App Store support team at https://support.apple.com/apps
If you purchase Luminar 4 outright for a one-time payment, you will be billed once and receive lifelong access to Luminar 4. This gives you access to all Luminar 4 tools and future updates free of charge.
Alternatively, you can choose between a monthly or yearly subscription. For either subscription model, you will be billed in advance on a recurring and periodic basis (i.e. according to the billing cycle). The billing cycle is set on an annual basis. At the end of each billing cycle, your subscription will automatically renew under the exact same conditions unless you cancel it or Skylum Software USA, Inc. cancels it. A subscription gives you access to all Luminar 4 tools and updates that come out during the subscription period. Plus, with the subscription model you get access to Creative Extras each month, including sky overlays and Luminar Looks.
Skylum Software USA, Inc. offers a subscription version of Luminar 4 with a free trial. If you do not cancel your free trial before the last day of the trial period, you will automatically be charged the yearly or monthly subscription fee depending on the subscription model you selected when starting the trial.
The Website may contain typographical errors or other inaccuracies, including pricing errors, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
We reserve the right at any time and from time to time to modify or discontinue the Website, or any part thereof, temporarily or permanently, with or without notice.
You agree that you will not violate any applicable law or regulation in connection with your use of the Website. Without limiting the foregoing, you agree that you will not make available through the Website any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
You agree not to distribute, upload, make available or otherwise publish through the Website any Material that:
You must keep your user name and password and any other information needed to login to the Website, if applicable, confidential and secure. We are not responsible for any unauthorized access to your account or profile by others.
You further agree that you will not do any of the following:
You are not licensed to access any portion of the Website that is not public, and you may not attempt to override any security measures in place on the Website.
Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website shall not be limited to violations of these rules of conduct.
We may allow you to submit, post, link, store, share and otherwise make available certain information through the Website, including but not limited to, text, documents, photograph, images, artwork, graphics, video, comments, audio, scripts or other materials ("Materials"). You are responsible for all Materials you make available on the Website, including its legality and reliability.
You are under no obligation to submit anything to us or to make any Materials available through the Website. If, however, you choose to submit any Materials to Skylum or to the Website, or otherwise make available any Materials through the Website, you hereby grant to Skylum a perpetual, irrevocable, unlimited, transferrable, sub-licensable through multiple tiers, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate, create derivative works from, monetize and otherwise fully exploit any such Materials in any manner determined by us, including without limitation distributing part or all of the Materials in any media format through any media channels, as well as to commercially use the rights of publicity, persona, image and name of the individuals depicted in such Materials.
By submitting any Materials to us, you hereby agree, warrant and represent that: (a) you are authorized to submit the Materials to us for republication through the Website, and you have secured any necessary licenses or permissions from rights owners relating to the Materials, including but not limited to copyright licenses or licenses to rights of publicity; (b) the Materials do not contain proprietary or confidential information; (c) the provision of the Materials, and their use by us in connection with the Website, is not and will not be a violation of any third-party’s rights; (d) all Materials are accurate and true; (e) we are not under any confidentiality obligation relating to the Materials; (f) we shall be entitled to use or disclose the Materials in any way; (g) you are not entitled to compensation in exchange for the Materials, and (h) neither you or anyone else is entitled to attribution relating to the Materials.
To the fullest extent permitted by the law, you also irrevocably agree: (i) consent to any act or omission that would otherwise infringe your moral rights in the Materials, if any; (ii) waive all or your moral rights in the Materials to the extent existing under applicable law; and (iii) ensure that all other persons who were involved in the development of the Materials or who have a right to the Materials which you submit to us provide the above consents and waivers to the extent that they own moral rights in the Materials to the extent existing under applicable law. If it necessary under the applicable law, or desirable, you agree to give, or procure all other relevant persons to give, a written consent and waiver and/or execute and deliver any other document upon our request that may be submitted to you at any time.
You acknowledge that we are under no obligation to maintain the Website, or any information, Materials or other matter you submit, post or make available to Skylum or on the Website. We reserve the right to withhold, remove, edit and or discard any such material at any time.
The Website may make it possible for you to choose to share certain information with the public or other users of the Website. You understand that by designating information to be shared through the Website, you may be revealing information that yourself, including your identity and location. You further acknowledge that by sharing Materials with the Website, you may be enabling third-parties to access, view, tag, edit, download or otherwise use or interact with the Materials. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible for, and we shall be released and held harmless by you from, any liability or damages arising out of such conduct.
If we discover that a child under the age of 13 has provided personally identifiable information to us, we will delete the child’s information in accordance with the Children's Online Privacy Protection Act. Please see the Federal Trade Commission's website (www.ftc.gov) for more information.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
TO THE FULL EXTENT SUCH DISCLAIMERS ARE PERMITTED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SKYLUM, FOR ITSELF AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, LICENSORS AND SUPPLIERS OF GOODS AND SERVICES (COLLECTIVELY, “RELATED PARTIES”) SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE WEBSITE IS FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL INFORMATION OR COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR RELATED PARTIES BE LIABLE TO YOU BASED ON OR RELATED TO YOUR USE OR ACCESS OF THE WEBSITE, WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WE SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of the Related Parties shall be liable for (1) any damages in excess of $500.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: email@example.com
Within fifteen (15) days after the commencement of arbitration, the parties shall either agree on a single arbitrator, or if they cannot so agree, then each party shall select one (1) person to act as arbitrator and the two (2) selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA.
Consistent with the expedited nature of arbitration, each party will, upon the written request of the other party, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim. Any dispute regarding discovery, or the relevance or scope thereof, shall be determined by the chair of the arbitration panel, which determination shall be conclusive.
The arbitrators shall not award consequential or punitive damages in any arbitration initiated under this section. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE WEBSITE CONTRIBUTOR OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER WEBSITE CONTRIBUTOR OR USER.
To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Websites, or to us, may only be brought by you in a state or federal court located in the State of New York County of New York. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK COUNTY.
You agree that no joint venture, partnership, employment, or agency relationship exists with Skylum as a result of the use of this Website or the purchase of Products through this Website or a linked website.