(Effective as of March 11, 2015)
PLEASE READ CAREFULLY
INTRODUCTION AND ACCEPTANCE OF TERMS.
THE TERMS OF SERVICE CONTAIN WARRANTY AND LIABILITY DISCLAIMERS. BY USING THE SITE, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO USE THE SITE.
MODIFICATION TO THE AGREEMENT.
LOMINI.ME may modify or update these Terms of Service at any time, with or without notice to you other than posting a revised version of these Terms of Service on the Site with an updated effective date. Any additional or different terms in these Terms of Service will be effective upon being posted on the Site. It is your responsibility to review these Terms of Service periodically. Your continued use of the Site following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of such additional or different terms. LOMINI.ME reserves the right to add, change, modify, suspend or discontinue all or any of the Site, in its sole discretion, at any time. Your use of the Site will be subject to these Terms of Service. LOMINI.ME reserves the right to refuse to provide you with access or continued access to any of the Site or refuse to allow you to create a user account for any reason or for no reason.
WHO MAY USE THE SITE.
In order to use the Site, you represent you have read, understood, and agree to be bound by these Terms of Service and that you are over 13 years of age or using the Site with the permission and/or supervision of your parent or legal guardian. If you do not agree to all these terms and conditions, please do not check the acceptance box and do not attempt to access or use the Site.
PARENTAL AND YOUTH ADVISORY. IF YOU ARE UNDER THE AGE OF 13, YOU AGREE THAT YOU WILL USE THE SITE ONLY WITH THE PERMISSION AND/OR SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN. IF YOU ARE UNDER THE AGE OF 13, YOU WILL NOT BE ABLE TO CREATE A USER ACCOUNT ON THE SITE. BY CREATING A USER ACCOUNT ON THE SITE, YOU REPRESENT THAT YOU ARE OVER THE AGE OR 13. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF SERVICE WITH YOUR PARENTS BEFORE USING THE LOMINI.ME SERVICE. WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON THE SITE.
HOW TO ENJOY LOMINI.ME.
LOMINI.ME allows users to register as a member on the Site at no cost to the user. In order to sign up as a member, the user must indicate his or her name and email address and choose a password. After providing this information, a confirmation email will be sent to the indicated email address before an account is officially created and accessible on the Site by the user.
INTELLECTUAL PROPERTY RIGHTS; LICENSE AND ASSIGNMENT.
The Site and the content provided through it are the property of LOMINI.ME and/or LOMINI.ME’s licensors, partners or affiliates. Subject to the terms and conditions of this Agreement, LOMINI.ME grants to you a limited, non-exclusive, non-transferable license to access and use the Site in legally authorized jurisdictions for personal, non-commercial purposes on your personal computer or mobile device. LOMINI.ME reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
All LOMINI.ME trademarks, service marks, trade names, logos, domain names, and any other features of the LOMINI.ME brand are the sole property of LOMINI.ME. This Agreement does not grant you any right to use the LOMINI.ME trademarks, service marks, trade names, logos, domain names, or any other features of the LOMINI.ME brand, whether for commercial or non-commercial use.
ANY USE OF THE SITES AND ANY ELEMENTS OF IT NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
Unauthorized Uses. You agree that you will not:
- copy, store, edit, change, prepare any derivative work of, or alter in any way any of the videos, chapters of videos, or other portions of videos streamed through the Site;
- use the Site to download or reproduce copyrighted materials;
- make the Site available over a network (other than LOMINI.ME’s network) where it could be used by others;
- translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Site except as expressly allowed under applicable law;
- circumvent any technology used by LOMINI.ME or its licensors to protect content accessible via the Site;
- artificially increase play count or otherwise manipulate the Site by using a script or other automated process:
- rent, lease or sublicense any of the Site to others;
- provide your password to any other person or use any other person’s username and password; or
- use the Site in any other way that violates these Terms of Service.
LOMINI.ME expressly disclaims any and all responsibility or liability for any action by you that is contrary to this section or any applicable law(s), and reserves the right to terminate your access to the Site immediately for your failure to comply with these Terms of Service or any applicable local, state or federal law.
LOMINI.ME respects the rights of intellectual property owners, and we ask our users and video content owners to do the same. If you believe any content posted on the LOMINI.ME is infringing your copyright or the copyright of any third party, please notify LOMINI.ME in accordance with the following procedure:
All notifications of copyright infringement must be in writing and directed to LOMINI.ME’s designated agent at the following mailing address, or email address:
Sun Blossom Products LLC
Attn: Copyright Agent
P.O. Box 10714
Oakland, CA 94610
Please make sure to include in each notification of copyright infringement the following information:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly being infringed;
- Specific identification of each copyrighted work claimed to have been infringed;
- A description of where the material believed to be infringed is located on the Site (e.g., hyperlink);
- Contact information for the complaining party, including a complete name, address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE.
Occasionally, certain technical difficulties or maintenance may result in temporary interruptions to the Site. LOMINI.ME reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any functions or features of the Site, with or without notice, all without liability to you or your third party affiliates for any interruption, modification, or discontinuation of the Site or any of its functions or features. You understand and agree that LOMINI.ME has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. LOMINI.ME is not responsible for any interruption in or discontinuation of the Site or any damage to you or your third party relationships that may result from such interruption or discontinuation.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions will remain in full force and effect. LOMINI.ME’s failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision and no waiver will be effective unless it is made expressly in writing and signed by an authorized representative of LOMINI.ME.
You acknowledge and agree that, although these Terms of Service are solely between you and LOMINI.ME, LOMINI.ME’s third party licensors, including, without limitation, its content providers (trainers, performance rights organizations and providers of data services) are third party beneficiaries of these Terms of Service, and upon your acceptance of these Terms of Service, these third parties will have the right to enforce these Terms of Service as if they were original parties to this document.
You agree to indemnify and hold LOMINI.ME, its directors, officers, employees, agents, affiliates and licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to, your breach of these Terms of Service, including but not limited to, any infringement by you of the intellectual property of any third party; or (ii) any third party claims arising out of your use or misuse of the Site.
GOVERNING LAW; JURISDICTION.
These Terms of Service will be is governed by, and will be construed under, the laws of the United States of America and the laws of the State of California, without regard to its conflict-of-laws provisions.
If you are using the Site in the United States, Sections 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, and 12.7 apply as follows:
Negotiation. Before initiating any arbitration or legal proceeding, you and LOMINI.ME agree to first attempt to negotiate any dispute or controversy related to these Terms of Service (“Dispute”) informally for at least thirty (30) days, to the extent permitted by law. Negotiations will begin upon written notice from one party to the other. LOMINI.ME will send its notice to your billing or other physical address (if on file with LOMINI.ME) and email you a copy to the email address you have provided. You will send your notice to: SUN BLOSSOM PRODUCTS LLC, P.O. Box 10714, Oakland, CA 94610.
Binding Arbitration. If the parties fail to resolve a Dispute through negotiations within the above thirty (30) day period, you and LOMINI.ME agree that, except as provided in Section 12.6 below, all Disputes will be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party will be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms of Service. In the event of a conflict between the terms set forth in this Section 12 and the JAMS Rules, the terms in this Section 12 will control and prevail. You may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and LOMINI.ME will have the opportunity, within the parameters set by the arbitrator, for discovery of non-privileged information that is relevant to the Dispute. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Dispute, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. Except as otherwise provided in these Terms of Service, (i) you and LOMINI.ME may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND LOMINI.ME ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
Arbitration Fees. All fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
Location. The arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or Internet connection appearances.
Limitations. You and LOMINI.ME agree that any arbitration will be limited to the Dispute between LOMINI.ME and you individually. YOU AND LOMINI.ME AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
Remedies. You acknowledge and agree that your sole remedy under these Terms of Service shall be an action at law to recover monetary damages, if any. In no event will you have a right to injunctive or other equitable relief hereunder.
Severability. You and LOMINI.ME agree that if any portion of this Section 12 is found illegal or unenforceable (except any portion of Section 12.6 above), that portion will be severed and the remainder of this section will be given full force and effect. If Section 12.6 above is found to be illegal or unenforceable then neither you nor LOMINI.ME will elect to arbitrate any Dispute falling within that portion of Section 12.6 above found to be illegal or unenforceable and such Dispute will be exclusively decided by a court of competent jurisdiction within San Francisco, State of California, United States of America, and you and LOMINI.ME agree to submit to the personal jurisdiction of that court.
DISCLAIMER OF WARRANTIES.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOMINI.ME AND ITS LICENSORS, PARTNERS AND AFFILIATES, DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
LOMINI.ME MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES LOMINI.ME MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE. LOMINI.ME MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.
LIMITATION OF LIABILITY.
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SITE REMAINS WITH YOU.
IN NO EVENT SHALL LOMINI.ME OR ITS PARENTS, MEMBERS, LICENSORS, SUBSIDIARIES, PARTNERS, AFFILIATES, SERVICE PROVIDERS, INVESTORS, SYNDICATORS, DISTRIBUTORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES (COLLECTIVELY, THE “LOMINI.ME PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF THESE TERMS OF SERVICE OR THE USE OF OR INABILITY TO USE THE SITE, EVEN IF LOMINI.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LOMINI.ME PARTIES WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL ANY OF THE LOMINI.ME PARTIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE SITE GIVING RISE TO THE APPLICABLE CLAIM FOR DAMAGES.
LOMINI.ME'S LICENSORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT, AND SHALL HAVE THE RIGHT TO ENFORCE THIS AGREEMENT AGAINST YOU.
NOTICE TO USERS OUTSIDE OF THE UNITED STATES.
By using the Site or by clicking on the “I AGREE” button (or similar buttons or links as may be designated by LOMINI.ME to show your acceptance of the Terms of Service), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Site.
Have questions about these Terms of Service? If so, please email us at firstname.lastname@example.org or write to us at:
SUN BLOSSOM PRODUCTS LLC
P.O. Box 10714
Oakland, CA 94610
© 2015 SUN BLOSSOM PRODUCTS LLC