These Terms of Use constitute an agreement between Lucid LLC (the “Company”, “us”, or “we”), owner of the Luminary.fm podcast (“Luminary.fm”, “the podcast”) and you, the user. These Terms of Use govern your access and use of the webpages, podcasts, applications, interactive features, widgets, and their respective contents at Luminary.fm (collectively, the “Site”).
Consent to Terms
By using the Site, you agree to be bound by the terms and conditions contained in these terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the Site. We reserve the right, in our sole discretion, to modify these Terms of Use at any time by posting updated Terms of Use. By continuing to access and use the Site after any such modification is made, you are agreeing to such modification. Please check these Terms of Use frequently for updates. If you are under the age of 18, you represent that you are either an emancipated minor or have obtained the legal consent of your parent or legal guardian to agree to these Terms of Use and access the Site.
Consent to Email Communications
You expressly agree that, as part of the Site, you may receive communications by email. You may stop receiving emails by clicking on the unsubscribe links contained in such emails.
Intellectual Property Rights
All content, names, logos, designs, graphics, text, sounds, pictures, videos, software, and other materials on the Site are the intellectual property of Lucid LLC, its affiliates, associates or licensors, and are subject to and protected by the United States and international copyright and trademark laws.
Subject to these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal use only. This license does not include any resale or commercial use of the Site or its content, any derivative use of the Site or its content, or any use of data mining, robots or similar data gathering and extraction tools. You may download, copy, and transfer podcasts to a computer or mobile device for your personal, non-commercial, use only, provided that you do not modify the content.
You may use the code provided on our Site to embed Company content on your site and you may also link to our Site from your site, blog, application, platform or services, provided that (a) the link redirects the user to the Site’s content when the user clicks on it, (b) you do not insert any intermediate page, splash page or other content between the link and the Site, (c) you do not place advertising in or our content if embedded on your site, (d) you do not use Site’s content in a manner that suggests Luminary.fm’s content promotes or endorses your, or a third party’s cause, ideas, products, sites, applications, platforms or services, (e) you do not use Company content for commercial purposes, and (f) you do not use Company content in any way that is unlawful or harmful to any individual or entity, or could in any way alters the intended context of Site’s content. The Site’s content may not be reproduced, duplicated, copied, sold, licensed, or otherwise exploited for any commercial purpose without our express consent. Unless otherwise agreed upon in writing between you and the Company, you may use the content, content feeds, application programming interfaces, podcasts, media players, and other features on the Site only as expressly permitted in these Terms of Use.
Links to Third Party Websites, Applications, Platforms and Services
The Site may contain links to websites, applications, platforms or services maintained by third parties over which we have no control. We do not endorse the content, products or services of such websites, applications, platforms and services, and we disclaim any responsibility for the content or any products or services that appear on such third party websites, applications, and platforms.
User Posts and Materials
You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, infringing, obscene, racially or ethnically derogatory, sexually explicit, profane, hateful, or otherwise objectionable material of any kind. We reserve the right, but are under no obligation, to screen or remove any user posts at any time and for any or no reason.
You represent and warrant that: (a) if you post or submit any materials or personally-identifying information on or through the Site, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any materials or content you post or submit on or through the Site that may be necessary for their use as contemplated by the Site or these Terms of Use, (c) the comments, materials or content you post or submit does not and will not defame any individual or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any individual or entity, or violate these Terms of Use.
We are not responsible for any user comments, materials or content submitted by you or a third party on or through the Site. We can not verify the accuracy of statements that users make or place on or through the Site, and we do not guarantee that any user comments, materials or content have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms of Use.
Indemnity
You agree to indemnify and hold harmless Lucid LLC, including any affiliates, associates, its media guests and participants, business partners, and their respective owners, members, managers, directors, officers, employees, agents, and representatives from any and all claims, liabilities, costs or expenses, including attorneys’ fees, arising from (a) your breach of any of the above representations and warranties, (b) your breach of the terms and conditions of these Terms of Use, or (c) your use of the Site, including, without limitation, your submission of comments, materials, or content through the Site.
Data Usage Charges
We do not charge you for use of our Site. You acknowledge, however, that streaming media can result in high data usage and may lead to excess data charges. We encourage you to monitor your wireless plan, data use and data charges. You agree that you are solely responsible for any costs you incur to access the Site or stream media content on the Site, including any excess data charges.
Disclaimer
The site is provided on an “as is” and “as available” basis. Except as otherwise expressly provided in these terms of use, Lucid LLC and its affiliates, associates, representatives, media guests and participants, vendors, and business partners expressly disclaim any and all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose. We make no warranty that (1) the site will meet your requirements, (2) the site will be uninterrupted, timely, secure, or error-free, or (3) the quality of the site will meet your expectations. You are solely responsible for any damage to your computer system, your mobile device, or loss of data that results from use of the site.
Further, Lucid LLC makes no representation that the Site, or any portion thereof, is appropriate or available for use in jurisdictions outside of the United States, or that these terms of use comply with the laws of any other country. You agree that you will not access the site from any territory where its content are illegal, and that you, and not Lucid LLC, are responsible for compliance with applicable laws.
Limitation of Liability
Under no circumstances shall Lucid LLC and its affiliates, associates, representatives, media guests and participants, vendors, and business partners be liable for any damages of any kind arising out of, in connection with, or relating to the use of or inability to use the site, including any liability (a) as a publisher of information; (b) for any incorrect or inaccurate information; (c) for any unauthorized access to or disclosure of your transmissions or data; (d) for statements or conduct of any media guest or third party on the site; or (e) for any other matter relating to the site or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of goodwill, loss of use, loss of data, cost of procuring substitute services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), or otherwise, even if an individual advises of the possibility of such damages. the limitations of liability set forth herein are fundamental elements of the basis of the bargain between the company and you. The site would not be provided without such limitations. Notwithstanding the foregoing, the sole and entire maximum liability of the company, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you to the company for any access to or use of the site. You acknowledge and agree that if you have not paid the company any amounts for the site prior to the date on which you first assert any claim, your sole and exclusive remedy for any dispute with the company is to stop using the site.
Claim Limitations Period
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to the Site or these Terms of Use must be filed within six (6) months after such claim or cause of action arose, or is forever barred.
Ability to Terminate Access to the Site
You agree that we may terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of these Terms of Use or any applicable law or is harmful to the interests of the Company or another user.
Applicable Law; Jurisdiction; Class Action Waiver
These Terms of Use shall be governed, construed and enforced in accordance with the laws of the State of California, without regard to conflict of laws principles. To the extent permissible by law, any disputes under these Terms of Use or relating to the Site shall be subject to arbitration in San Francisco, CA, and you hereby consent to personal jurisdiction and venue therein.
To the fullest extent permitted by applicable law, no claim related to these terms of use shall be joined to any other claim, including any arbitration or claim involving any other current or former user of the site, and no class action proceedings shall be permitted.
Miscellaneous
A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.
Contact Information
If you have any comments, questions or complaints regarding these Terms of Use or the Site, or wish to report any violation of these Terms of Use, please contact us at luminary.fm@gmail.com.