Lumosity Terms of Service

TERMS OF SERVICE.

Last updated on 06.07.2007.

Welcome to Lumosity.com. The web pages available at www.lumosity.com and all sub-domains thereof (the “Site”) are owned and operated by Lumos Labs, Inc. (the “Company”, “us”, “we”, and “our”), a Delaware corporation, and is accessed by you (the “Subscriber”, “you” or “your”) under the following terms and conditions. All of our training programs, games and services (as described more fully on the Site) (the “Services”) are governed by these Terms of Service.

We may, from time to time, without notice, update or revise these Terms of Service. If we update or revise these Terms of Service, we will notify you either by email or by a posting on the Site.  Your use of the Site following any such update or revision constitutes your agreement to follow and be bound by these Terms of Service as updated or revised.  You can view the most current Terms of Service at any time by clicking on these Terms of Service link at the bottom of the Site’s home page. We suggest that you review these Terms of Service periodically.

If you violate these Terms of Service, we may terminate any and all accounts you have established at the Site (your “Account(s)”). You acknowledge that the Company is not required to provide you notice before it so terminates your Account(s).

SITE CONTENTS.

All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, collectively, the "Content") are protected by copyright.  The Site and the Content are intended solely for the use by Company subscribers (“Subscribers”) and may only be used in accordance with these Terms of Service. 

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce (unless otherwise provided in these Terms of Service), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

Subscriber shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.

Subscriber may access the Content, and other items displayed on the Site for personal use only. Subscriber shall not store any of the Content in any form from the Site unless otherwise explicitly permitted on the site. Downloading, copying or storing of any Content is expressly prohibited without the prior written permission from the Company, or from such other copyright holder as may be identified in such Content's copyright notice.

REGISTRATION.

When you finish the registration process, you officially become a Subscriber of Lumosity. Your membership allows you access to certain Content and Services on the Site. You are required to provide the Company with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your Account(s).

Subscriber may not (i) select or use as a Lumosity User ID a name of another person with the intent to impersonate that person or (ii) use as a Lumosity User ID a name subject to any rights of a person other than Subscriber without appropriate authorization. The Company reserves the right to refuse registration of, or cancel a User ID in its discretion.  Also, Subscriber shall be solely responsible for maintaining the confidentiality of passwords to Subscriber's Account(s).

You are solely responsible for all activity on your Account(s) and for the security of your computer systems.  You agree to indemnify and hold the Company harmless for any improper or illegal use of your Account(s). including but not limited to illegal or improper use by someone who has received permission to use your Account(s). Your Account(s) is / are  subject to termination if you or anyone using your Account(s) violates these Terms of Service.

LICENSE.

In consideration for your agreement to these Terms of Service, the Company grants you a personal, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site and related Content subject to the terms and conditions set forth in these Terms of Service or such other terms and conditions as may be set forth on the Site.

SUBSCRIPTION FEES, PAYMENT AND TRIAL MEMBERSHIPS.

Some of the Services require payment of fees. Subscriber shall pay all applicable fees, as described on the Site in connection with such Services selected by Subscriber. The Company reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which may be sent by email or posted on the Site. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of any new or increased charges or other changes. If any such new or increased charges or other changes are unacceptable to you, you may cancel your subscription at any time by accessing the “My Profile” link on the site. However, the Company is not obligated to refund any fees that have accrued to your Account(s) before the cancellation.  Additionally, the Company will not prorate fees for any subscription.

Fees may be based on one-time or subscription payments as more fully described on the Site. You may pay the subscription fees with a valid credit card that is under your own name or that you are authorized to use for such purpose.  Recurring subscription fees paid by credit card will automatically renew, unless you affirmatively cancel your subscription by prior to the beginning of the next applicable period for which the subscription corresponds. For each month that your subscription is active, you acknowledge and agree that the Company is authorized to charge the same credit card for the subscription fee. You agree to promptly notify the Company of any changes to your credit card while any subscriptions remain outstanding.

You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you or by anyone that has used your Account(s), including your family or friends.

From time to time, we may offer a free trial membership or other promotions. If you accept a free trial membership or a promotion, we will begin to bill your credit card at the conclusion of the free trial or according to the terms and conditions outlined in the promotion.  If you do not wish to be charged, you should cancel your Account(s) prior to the end of the trial period or in accordance with the applicable promotion rules.

ACCESS TO THE SERVICES.

Subject to these Terms of Service, the Company may offer to provide certain Services as are selected by Subscriber through the process provided on the Site, solely for Subscriber’s own personal use, and not for the use or benefit of any third party.  Services shall include, but not be limited to, any services the Company performs for Subscriber, as well as the offering of any content on the Site. The Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. The Company may also impose limits on certain features and Services or restrict Subscriber’s access to parts or all of the Services without notice or liability.

Subscriber certifies to the Company that, if Subscriber is an individual (i.e., not an entity), that Subscriber is at least 18 years of age. Subscriber also certifies that if Subscriber is an entity, that you are authorized to establish an Account(s), access, and use the Site and enter into and pay for any subscriptions on behalf of the Subscriber.  You also certify that you are legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access to the Site. These Terms of Service are void where prohibited by law, and the right to access the Site and Services are revoked in such jurisdictions.

Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. Subscriber shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.

TERMINATION.

You may terminate certain of the Services at any time by notifying the clicking on the “My Profile” link or emailing us at contact@lumoslabs.com. Company may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of these Terms of Service. Any fees paid hereunder are non-refundable.

EFFECT OF TERMINATION.

Upon termination of the Subscriber's Account(s), Subscriber’s right to use the Services, access the Site, and any Content as provided in these Terms of Service will immediately cease. All provisions of these Terms of Service, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, medical disclaimer, limitations of liability and miscellaneous.

LINKS TO OTHER WEB SITES AND SERVICES.

This Site contains links to other websites. The Company is not responsible and does not control the availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services associated with a third party site. You agree that Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only and should you choose to access such other sites you acknowledge that you do so voluntarily and assume all risk.

RESTRICTIONS.

Subscriber is solely responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, illegal or otherwise inappropriate activity are grounds for termination of Subscriber’s right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other Subscriber.

WARRANTY DISCLAIMER.

SUBSCRIBER AGREES THAT USE OF THE SITE AND SERVICES ARE AT HIS/HER/ITS OWN SOLE RISK. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAINTAINS THE SITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THE SITE.

LIMITATION OF LIABILITY.

IN NO EVENT SHALL THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY SUBSCRIBER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INDEMNITY.

Subscriber will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of these Terms of Use by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's Account(s), of any intellectual property or other right of any person or entity.

MEDICAL DISCLAIMER.

The Company’s products and services and other Content available on the Site are not an attempt to practice medicine or provide specific medical advice. Use of this site does not establish a doctor-patient relationship.  Any health information and links on the Site, whether provided by the Company or by contract from outside providers, is provided simply for your convenience. Additionally, the Site may contain links to external websites.  Please consult with your physician.

USE OF THE BLOG.

By posting a message, uploading a file, or engaging in any other form of communication via the blog or the Site, you are granting the Company a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such plan, opportunity, messages, files or communications.

You additionally agree to abide by the following rules in connection with your use of the blog area of the Site:

•    not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
•    not to impersonate any person or entity, including, for example, a Company employee or officer, a Site leader, or falsely state or otherwise misrepresent your affiliation with a person or entity.
•    not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others.
•    not to upload files, or cause Subscribers to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer.
•    not to conduct contests, distribute chain letters, or conduct “pyramid schemes” or “multi-level marketing schemes.”
•    not to violate any applicable local, state, national or international law in connection with your use of the blog area.

PRIVACY POLICY.

The Company’s Privacy Policy is hereby incorporated by reference into these Terms of Service.  You are encouraged to read the Privacy Policy by clicking here

COPYRIGHT POLICY.

All Information available through and from the Site is the property of the Company and is protected by copyright and intellectual property laws.   All rights reserved.

You may not reproduce, retransmit, disseminate, sell, publish, broadcast, or circulate the Information you obtain from the Site without the express written consent of the Company. You are entitled to use the Information it contains for your private, non-commercial use only.

The Company’s Copyright Policy is hereby incorporated by reference into these Terms of Service.  You are encouraged to read our Copyright Policy.  To report any alleged copyright infringement, please follow the instructions on the Copyright Policy.

MISCELLANEOUS.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).  If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and enforceable. These Terms of Service are not assignable, transferable or sublicensable by Subscriber except with the Company’s prior written consent.  The Company may freely assign these Terms of Service.  These Terms of Service shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving San Francisco County, California as the legal forum for any such dispute. Both parties agree that these Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.  If there is any conflict between these Terms of Service and any additional terms, conditions, and rules posted by the Company on the Site, the Company shall resolve the conflict in its sole discretion.  No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and Subscriber does not have any authority of any kind to bind Company in any respect whatsoever.

The product contains Adobe Flash™ Player software by Adobe Systems Inc. Copyright ©1995—2006 Adobe Systems Inc. All rights reserved. Adobe, Shockwave and Flash are trademarks of Adobe Systems Inc. All other trademarks are the property of their respective owners.