Terms of Service for Lumogon.com

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY. BY CREATING AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE DESCRIBED BELOW, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE.

YOUR ORGANIZATION MAY HAVE AN ORDER IN PLACE WITH PUPPET FOR THE SERVICE, IN WHICH CASE THESE TERMS OF SERVICE ARE PART OF THE TERMS AND CONDITIONS SET FORTH IN THAT ORDER.

Lumogon (the "Service") is an online software tool provided by Puppet (“Puppet”). These terms and conditions of service (“Terms of Service”) apply to your access to and use of the Service, located at lumogon.com (the "Website"), or such other website on which Puppet may host the Service. If you are using the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity's behalf.

Puppet reserves the right at any time and in its sole discretion to change or modify any of the Terms of Service or any policy or guideline of the Website. We will notify you of any material changes by email or by a clear message on the landing page of the Website. Unless otherwise indicated in the notice, any changes will be effective thirty (30) days after the notice date. Your continued use of the Website following such effective date will be deemed as your acceptance of the changes. If you do not agree to the revised Terms of Service, you must cease all use of the Service.

Use of Service

You agree to use the Service in the manner intended by Puppet, and in compliance with all instructions, rules, policies, and guidelines provided by Puppet. You further agree not to misuse or abuse the Service in any manner.

Fees

There is no charge for your use of the Service.

Termination or Suspension of Service

Puppet reserves the right to suspend or terminate your use of the Service if you violate any of these Terms of Service. Your re-instatement is entirely within the Puppet’s discretion.

Puppet also reserves the right, in its sole discretion and without prior notice, to suspend, modify, discontinue or permanently cancel all or any part of the Service. Any material changes will be communicated electronically (e.g., by email or posting on the Website) and will be effective on the date stated in the notice. If you continue to use the Service after that effective date, you are agreeing to the changes.

Puppet is not responsible or liable to you as a result of any change to the Services, including if Puppet cancels the Service altogether.

Ownership and Licenses

You retain all rights, including copyright, in the data, files, messages, text, images and other content and materials that you post on or through the Website (the "User Materials;" but see below regarding “Reports”). You grant Puppet, and its affiliates and service providers, a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, license to reproduce, display, adapt, modify, transmit, distribute, and otherwise use such User Materials as necessary or reasonable to provide you with the Service. You represent and warrant that (a) you own and control all of the rights to the User Materials or you otherwise have the right to post such User Materials and grant the foregoing license; and (b) that the User Materials do not violate these Terms of Service and do not and will not infringe upon or violate any rights of any third party or cause injury to any person or entity.

“User Materials” does not include the information that is produced from your use of the Service (the “Reports”). You may use the Reports however you like, including distributing them via the Internet, but Puppet retains ownership of the information contained within the Reports.

The Service, the software that operates the Service, and the Website (including all related designs, text, graphics, pictures, information, and the selection and arrangement thereof)(collectively “Puppet Materials”) are the property of Puppet, and are protected by U.S. and international copyright laws. Subject to these Terms of Service, Puppet grants you a non-exclusive, non-transferable license to use the Puppet Materials solely in connection with your use of the Service. This license terminates automatically if your use of the Service is terminated.

You may not do any of the following: (a) attempt to reverse engineer, decompile, disassemble or attempt to discover any source code; (b) re-sell, lend, lease, provide as a service bureau, or sublicense of the Puppet Materials to any third party; (c) distribute or display the Puppet Materials; (d) modify or make derivative works of the Puppet Materials; (e) use any data mining, scraping, robots or similar data gathering or extraction methods on the Puppet Materials; (f) download (other than the page caching) of any portion of the Website (or any information contained therein); or (g) use the Service other than for its intended purpose.

Any use of the Puppet Materials other than as specifically authorized herein, without the prior written permission of Puppet, is strictly prohibited and will terminate the license granted in these Terms of Service. Such unauthorized use may also violate applicable laws (including copyright and trademark laws and applicable communications regulations and statutes). Except as explicitly stated, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Third Party Links and Content

Puppet may provide third party content on the Website and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as part of the Service. Puppet does not monitor or have any control over any Third Party Content or third party Web sites. Puppet does not control, approve, endorse or adopt any Third Party Content and can make no representation or warranty as to its quality, content, accuracy or completeness. Puppet provides these links to you only as a convenience, and you use such Third Party Content at your own risk. When you leave the Website, you should be aware that Puppet’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which you navigate from the Website.

User Materials and Interactive Services or Areas

You are solely responsible for any User Materials. You agree not to send through the Service or the Website any of the following:

  1. User Materials that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Materials that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  3. User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (and you represent and warrant that you have the lawful right to distribute and reproduce such User Materials);
  4. User Materials that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; or
  8. User Materials that, in the sole judgment of Puppet, are objectionable or which restricts or inhibits any other person from using or enjoying the Service or the Website, or which may expose Puppet or its users to any harm or liability of any type.

Any use of the Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Service. You are solely responsible for creating backup copies of and replacing any User Materials at your sole cost and expense.

Copyright Complaints

If you believe that anything on the Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Designated Agent: Puppet Legal Department
Address: 308 SW 2nd Ave. Fifth Floor, Portland, OR 97204
Telephone Number: 877-575-9775
E-Mail Address: legal@puppet.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.

Trademarks

Lumogon, Puppet, the Puppet logos and any other product or service name or slogan contained in the Website are trademarks of Puppet and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Puppet or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Puppet," “Lumogon” or any other name, trademark or product or service name of Puppet without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Puppet and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Puppet names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Registration Data; Account Security

In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; and (c) maintain and promptly update the Registration Data, and any other information you provide to Puppet, to keep it accurate, current and complete.

Privacy Policy

Please refer to our Privacy Policy for information on how Puppet collects, uses and discloses personally identifiable information from its users.

Indemnification

You agree to defend, indemnify and hold harmless Puppet, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Materials, your use of the Service, your violation of these Terms of Service or your violation of the rights of any third party.

Representations and Warranties; Disclaimer

Puppet endeavors to use best-practice security methodologies to protect your User Materials. Puppet's current practices are available upon request. Please note that the specific methods used may vary from time to time, and Puppet does not represent or warrant that any specific security measures will be taken or that such security measures will be infallible. As Puppet's sole and exclusive liability, and your sole remedy, with respect to your data, Puppet will work with you to resolve any loss of data or other security issues that arise.

In addition, you understand that there may be occasions when the Service is interrupted or data is unavailable, such as for maintenance, upgrades, system or equipment failure, vendor failure or otherwise. PUPPET SHALL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE SERVICE OR DATA FOR ANY REASON. In the event of any unavailability of the Service, we will provide you, upon request and as available, with an electronic copy of the data stored through the Service, provided your account is paid in full. Please note, however, that you are solely responsible for making backup copies of such data on a regular basis, and Puppet will not be responsible or liable in any manner if it is unable to provide such data for any reason.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS OF SERVICE, THE SERVICE, THE WEBSITE, AND THE WEBSITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PUPPET DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE, THE SERVICE, AND ALL DATA, INFORMATION, CONTENT, AND MATERIALS CONTAINED OR STORED THEREIN. PUPPET DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PUPPET DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

THE LIABILITY OF PUPPET, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS (FOR PURPOSES OF THIS SECTION, “PUPPET”) TO YOU WITH RESPECT TO THE WEBSITE, THE SERVICE, AND THESE TERMS OF SERVICE IS LIMITED AS FOLLOWS: (A) PUPPET WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES (INCLUDING ANY DAMAGE TO BUSINESS REPUTATION, LOST PROFITS, LOST DATA OR LOST SAVINGS); AND (B) PUPPET’S MAXIMUM AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN FEES UNDER THESE TERMS OF SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR IF YOU HAVE NOT PAID ANY FEES, ONE HUNDRED DOLLARS ($100). THESE LIMITS APPLY REGARDLESS OF THE FORM OF CLAIM (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THIS PARAGRAPH IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH EVENT, LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Applicable Law and Venue

These Terms of Service and your use of the Website shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.

Severability

If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.