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TERMS AND CONDITIONS OF LUMIFUN SERVICE
1. Scope of Application

Lumi Interactive Ltd (hereinafter “Lumi”) is a provider of multiple media editing and publishing services. Lumi services enable you, among other things, to publish automatically optimized pictures, texts, videos, and other content (hereinafter “Material”). Lumi services include editing and publishing services of the Material to be printed or published through an electronic media, such as, PC, digital TV, mobile phone and PDA (hereinafter “Lumi Services”). Lumi Services also include the Lumi web pages used for the provision of Lumi Services.

These general terms and conditions apply to the provision and use of Lumi Services. In addition, specific terms and conditions may apply to individual Lumi Services, as defined in the relevant service descriptions. In case of any discrepancy, conflict or contradiction between the provisions of these terms and conditions and those of the service descriptions, these terms and conditions shall take precedence.

If you receive any material from Lumi, including Material you have earlier submitted to Lumi for the purposes of Lumi Services, the use of such Material is subject to these terms and conditions and the Material shall hereinafter be referred to as “Lumi Material”.

By accessing the Lumi web pages or otherwise using any of the Lumi Services you agree to comply with these terms and conditions. If you do not accept these terms and conditions in full you are not authorised to use Lumi Services or to download or install Lumi Material or use Lumi Material in any other way.

Any rights not expressly granted herein are reserved.


2. Right of Use and Availability of Services

The Lumi web pages and Lumi Services include material protected as set forth more in detail in Section ”Intellectual Property Rights”. You have the right to use the Lumi web pages and the information and material contained therein as well as Lumi Services only for your own private, noncommercial purposes in accordance with these terms and conditions. The right to use Lumi Services does not include any exclusive rights to Lumi Services or parts thereof.

Lumi Services are provided ”as is”. Lumi explicitly does not warrant the error free operation or uninterrupted online availability of Lumi Services. Lumi reserves the right to make changes to Lumi Services at any time without prior notice. When Lumi repairs, maintains or makes changes in Lumi Services, such services may temporarily not be available. Lumi shall, where reasonably possible, provide you with seven (7) days’ notice on its web site prior to conducting such repairs, maintenance or changes.


3. Submitting Material and Monitoring the Content thereof

By submitting Material to Lumi or Lumi Services you acknowledge and agree that you have all necessary rights to such Material and its submission and that the Material you submit does not in any way infringe any third party rights, including but not limited to, any trade secrets, copyrights and other intellectual property rights.
You are not allowed to submit to Lumi or Lumi Services any unlawful, defamatory, obscene, or pornographic Material, or other Material that could violate any laws.
Lumi does not monitor the content of the Material you submit to Lumi Services. Lumi reserves the right, at its sole discretion, to remove or prevent the use or availability of Material you have submitted to Lumi or Lumi Services, if such Material is unlawful or infringes third party rights and Lumi becomes aware of your having submitted such Material.
All Material you submit to Lumi or Lumi Services will be considered nonconfidential.
By submitting Material to Lumi or Lumi Services you agree to comply with Lumi’s Data Privacy Policy as described in more detail in [Section x].

By submitting Material to Lumi or Lumi Services you grant Lumi a free-of-charge, non-exclusive license to copy, disclose, assign, publish, distribute, modify and otherwise use the Material you have submitted to Lumi for the purposes of providing Lumi Services. Lumi may sublicense such rights to and share your rights to the Material with its designers, partners and subcontractors for the purposes of providing Lumi Services.


4. Use of Services that Require Registration

The use of Lumi Services requires registration, excluding certain web pages. You agree to provide accurate personal data when registering and to keep such data updated. The user name and password you receive by registering to Lumi Services are personal and you are not allowed to transfer your right to use Lumi Services to any third party or to otherwise use Lumi Services for any other purpose than the purpose described in these terms and conditions or the service description.

You may register to Lumi Services if you are at least 18 years of age. If you are less than 18 years old you may register to Lumi Services with express prior consent of your legal guardian.

A binding agreement between the parties shall be deemed concluded when your registration is accepted. A contract of purchase for the services provided for a separate fee shall be deemed concluded when you have received the confirmation of your order.

Lumi reserves the right to not to grant you a user name, to cancel the user name granted to you and to delete and remove all the Material you have submitted or to prevent access to it if you breach these terms and conditions or if a competent authority requests Lumi to perform any of the acts mentioned above.

The Material you submit to Lumi or Lumi Services shall be stored in accordance with the applicable service descriptions. If you do not sign in to the Lumi Services with your user name for a period of twelve (12) months, the Material you have submitted shall be removed from our server.


5. Prices and Terms of Delivery

The prices of Lumi Services, delivery lead times and other terms of delivery are set forth in the price list . The prices at a given time are provided in euros and include the then current Value Added Tax and other applicable taxes and governmental fees. Some of the Lumi Services may be provided free of charge. Lumi reserves the right to change the prices of Lumi Services at any time.

The delivery lead times provided are estimated average times of delivery.

You do not have a right to cancel your order of Lumi Services as our services are either one-time services provided electronically or other electronic services the provision of which shall be commenced in accordance with the delivery lead times mentioned above.


6. Warranties and Limitations of Liability

Lumi shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages caused by the Material you have submitted to Lumi prior to or during the provision of Lumi Services.
You shall indemnify and hold harmless Lumi, its designers, partners, subcontractors and sublicensees from and against any third party claims arising from the illegality of the Material you have submitted to Lumi or Lumi Services or the infringement of any trade secrets, copyrights or other intellectual property rights caused by the Material you have submitted.
You shall be responsible for any equipment, software, communication services and data connections you use in connection with Lumi Services.

You shall be responsible for the secrecy of your user name and password. You shall also be responsible for all acts performed using your user name and password.

LUMI DOES NOT GIVE ANY WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, UNINTERRUPTED ACCESS, ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN RELATION TO LUMI SERVICES OR LUMI MATERIAL.

IN NO EVENT SHALL LUMI BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING DESTRUCTION OF MATERIAL) CAUSED BY OR RELATING TO LUMI MATERIAL OR LUMI SERVICES UNLESS SUCH DAMAGE IS DUE TO WILFUL OR GROSSLY NEGLIGENT ACTS OF LUMI. LUMI SHALL ALSO NOT BE LIABLE FOR ANY DAMAGE CAUSED BY THIRD PARTIES BEING ABLE TO ACCESS ANY USER NAMES OR PASSWORDS.


7. Intellectual Property Rights in Web Pages and Material

Lumi web pages include Lumi Material and third party material that is protected by copyright and other intellectual property rights, and in which Lumi and relevant third parties have all rights. Any copying, distribution, saving or transfer of Lumi web pages, their content or a part thereof is permitted only with Lumi’s prior written consent, unless otherwise provided in these terms and conditions.

Copyright to Lumi Material shall belong to Lumi to the extent Lumi is the owner of such rights under applicable copyright law. When providing Lumi Material to you Lumi grants you, for a price agreed separately, a limited, non-exclusive, revocable right to use Lumi Material in Finland to the extent Lumi has intellectual property rights in Lumi Material on the basis of which it is allowed to grant you such right. You may not assign, transfer, sublicense, pledge, rent out, lend or share your right to use Lumi Material without prior written consent of Lumi.
LumiTools, LumiFun, LumiGo and LumiVip are registered trademarks of Lumi. No right, license or interest in or to any such trademark is granted to you hereunder, and by approving these terms and conditions you agree that no such right, license or interest shall be asserted by you with respect to any such trademark.


8. Force Majeure

Neither party shall be liable for delays, damages or other failure to perform its obligations under these terms and conditions if such failure is due to circumstances beyond its reasonable control. Malfunctions in telecommunications and interruptions in use thereof shall be considered circumstances beyond the parties’ control.


9. Links to External Web Pages

Lumi may on its web site provide links to third party web sites. Lumi does not in any way administer such sites or control the content thereof. Providing links to third party sites does not imply that Lumi accepts or endorses the content of such sites or the operation of said parties or that Lumi in any other way wishes to promote their services. If you access any of those third party sites you should always first review the terms and conditions of said sites as well as the data privacy policies relating thereto.


10. Data Privacy Policy

Personal data shall in these terms and conditions mean your name, your contact details and other information that you provide to Lumi in connection with your registration or otherwise. Personal data shall only be processed for the purposes stated in our description of the personal data file or stated elsewhere in connection with the collection of the personal data.

Your personal data may be processed for the purpose of making offers as well as for other direct marketing purposes provided you have given your prior consent to such marketing in connection with your registration. You may at any time cancel your consent and opt out from receiving any of our commercial material by contacting our customer service.

Your personal data may be disclosed and transferred to third parties in accordance with the principles defined in the description of the personal data file.

Your personal data will be removed from our register when you are no longer our customer. If you have given your consent to receiving offers or other marketing material we may store your personal data for a reasonable time after you customer relationship with us has ended.

If you wish to review your personal data we may have in our customer register or would like us to delete your data from our register, please contact our customer service.


11. Applicable Law and Dispute Resolution

Lumi Services and Lumi Material are administered by Lumi from its registered office in Espoo, Finland. Lumi makes no representation that Lumi Services or Lumi Material are appropriate or available for use outside the territory of Finland. If you choose to access Lumi Services or Lumi Materials from outside of Finland, you do so on your own initiative and are responsible for compliance with applicable local laws. These terms and conditions are governed by and construed in accordance with the laws of Finland.
Any disputes arising out of or in connection with these terms and conditions shall be settled by the respondent’s or the consumer’s district court in Finland.


12. Additional Information

If you wish to obtain additional information concerning Lumi or Lumi Services, our terms and conditions, or the processing of your personal data please contact our customer service. Please also familiarise yourself with our description of the personal data file.




All rights reserved - Lumi Interactive Ltd. 2006