Modified 9 December 2022
This User Agreement describes the terms and conditions which you accept by using our Website or our Services.
“User Account” or "Account" means the account associated with your email address.
"Inactive Account" means a User Account that has not been logged into or used for a 6 month period, or other period determined by us from time to time.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"Lumin", "we", "our", "company" or "the company", or "us" means Stash Gaming Pty Ltd (ABN 44 661 609 669) trading as lumin.gg.
"User", "you" or "your" means an individual who visits or uses our App.
"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other material incorporated by reference from time to time.
“Lumin App” or "App" means the web, mobile, and desktop applications operated by Lumin and available via the Google Play Store, the Apple App Store, and the lumin.gg website, including any other web domains or properties, and any related Lumin service, tool, or application.
By accessing the Lumin App, you agree to the following terms with Lumin.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
We may, from time to time, and without notice, change or add to the App or the information, products or services described in it. However, we do not undertake to keep the App updated. We are not liable to you or anyone else if any error occurs in the information on the App or if that information is not current.
Before using the Website, you must read the whole User Agreement, the App policies and all linked information.You must read and accept all of the terms in, and linked to, this User Agreement, thethe Lumin Privacy Policy and all App policies. By accepting this User Agreement as you access our App, you agree that this User Agreement will apply whenever you use the App, or when you use the tools we make available to interact with the App. Some App features may have additional or other terms that we provide to you when you use those services.
You will not use the Lumin App if you:
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Subject to your local laws, a person over 13 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent from us.
While using the Website, you will not attempt to or otherwise do any of the following:
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via on our Website and we will investigate.
We do not claim ownership to your User Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide licence under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Content, in whole or in part, in all media formats now known or hereafter devised and on third-party sites and platforms in any number of copies and without limit as to time, manner of frequency of use, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity.
You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the App. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the App; and (3) any and all content submitted to the App is subject to our approval. We may reject, approve or modify your User content at our sole discretion.You represent and warrant that your content:
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Australia or the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the App and may close your Account.
Information on the App may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the App as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the App, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The App may contain links to other third party websites. We do not control the websites to which we link from the App. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the App. Use of third party content, links to third party content and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using the App to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
Unless otherwise agreed with us in prior writing, you must not advertise an external website, product or service on the App.
We may display advertisements or promotions on the App. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Lumin or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
Lumin may use information such as your name, location, display or username, and or your profile image, in relation to the provision of messaging services in the App.
We may read all correspondence posted to the App and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the App for the purpose of investigating fraud, abuse, risk management and other related purposes.
We reserve the right to close an Inactive Account.
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may fine you up to US$3,000 for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; (3) a fine of up to US$3,000 is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and (4) we may release the entire (or part of the) amount of the fine from your Account to us.
If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by email at support@lumin.gg.