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TERMS OF USE

Effective Date: July 2015

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

Please read carefully the following provisions of these Terms of Use (the “Agreement” or “Terms of Use). This is a legal agreement between you and Lomics LLC, a Delaware limited liability company (“Lomics”, “we”, or “us) regarding the use of our online and/or mobile services, website, and software provided by us (collectively the “Lomics Service”). By accessing or using the Lomics Service, you agree that you have read, understood, and agree to be bound by these Terms of Use, whether or not you are a registered user of the Lomics Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required or given for non-substantive changes to the Agreement. If we substantively amend This Agreement, we will give you at least seven (7) days’ notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Lomics Service after any such change takes effect constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, your only remedy shall be to not use or access (or continue to access) the Lomics Service. This Agreement applies to all visitors, users, and others who access the Lomics Service (“Users”).

USE OF OUR SERVICE

DESCRIPTION OF SERVICE

Lomics smart camera app, designed specifically for live comics creation on-the-fly.

ELIGIBILITY

Any use or access to the Lomics Service by anyone under 13 is prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Lomics Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. Lomics reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Any registration by, use of or access to the Vyng Servbice by anyone not of legal age to form a binding contract is unauthorized, unlicensed and in violation of these Terms. By using the Vyng Service, you represent and warrant that you are of legal age to form a binding contract and that you agree to abide by these Terms of Use.

LOMICS ACCOUNT

You must create an account at Lomics in order to gain access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Lomics immediately of any breach of security or unauthorized use of your account. Lomics will not be liable for any losses caused by any unauthorized use of your account.

We may also use your email address to send you other messages, such as changes to features of the Lomics Service and special offers. If you do not want to receive such email messages, you may opt out by sending us a request at privacy@Lomics.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that if you do not want to receive legal notices from us, including without limitation a notice that this Agreement has changed, those legal notices will still govern your use of the Lomics Service. We will post legal notices to the Lomics Service, and you are responsible for reviewing such legal notices for changes. Please see our Privacy Policy for more details.

SERVICE RULES

You agree not to engage in any of the following prohibited activities in connection with the Lomics Service: (i) copying, distributing, or disclosing any part of the Lomics Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Lomics Service in a manner that sends more request messages to the Lomics servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Lomics Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or that could disable, overburden, or impair the proper operation of the Lomics Service, such as a denial of service attack; (vi) uploading invalid data, viruses, worms, or other software agents through the Lomics Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Lomics Service; (viii) using the Lomics Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Lomics Service; (xi) accessing any content on the Lomics Service through any technology or means other than those provided or authorized by the Lomics Service; (xii) bypassing the measures we may use to prevent or restrict access to the Lomics Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Lomics Service or the content therein, or (xiii) decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Lomics Service.

You may not access or use the Lomics Service if you work with or for a competitor, except with Lomics’s prior written consent. In addition, you may not use or access the Lomics Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the Lomics Service usage with any third party without Lomics’s prior written consent.

We may, without prior notice, change the Lomics Service, stop providing the Lomics Service or features of the Lomics Service (to you or generally), or create usage limits for the Lomics Service. We may permanently or temporarily terminate or suspend your access to the Lomics Service without notice or liability to Lomics, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Lomics Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You are solely responsible for your interactions with other Lomics Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Lomics shall have no liability for your interactions with other Users, or for any User’s action or inaction.

USER CONTENT

Lomics Service allows Users to exchange information, messages, images, photos, videos and other content with each other. Any information, messages, images, photos, videos, files, personal or technical data, or any other type of information that you transmit using the Lomics Service shall be referred to as “User Content” for the purposes of this Agreement.

You agree not to transmit User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Lomics reserves the right, but is not obligated, to reject and/or remove any User Content that Lomics believes, in its sole discretion, violates these provisions.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

You further agree that you will not use the Lomics Service to collect User Content from anyone, whether for commercial use or any other kind of use, without first obtaining their consent and first making it clear that you (and not us) are the one collecting their User Content, and posting a privacy policy explaining what User Content you collect, how you will use it and how you.

Lomics takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Lomics Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Lomics shall not be liable for any damages you incur or allege to incur as a result of User Content.

We may use your User Content (including, but not limited, to the vyngs you create) in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, sublicensable, transferable rights to use Your Content for any purpose. You irrevocably waive, and cause to be waived, against us any claims and assertions of moral rights or attribution with respect to your User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of your User Content.

By sharing your User Content with another User, you grant such User a perpetual, non-exclusive, world-wide, fully-paid and royalty-free, irrevocable right and license to (i) edit, reproduce, modify, tag, create derivative works of, or otherwise manipulate such User Content, and (b) download, distribute, and store such User Content for non-commercial, personal use.
By using the Lomics Service, you are granted the license rights described in the paragraph above with respect to any other User’s User Content shared with you. You do not acquire ownership rights to any User Content except for those limited license rights granted herein.

ONCE USER CONTENT HAS BEEN SHARED WITH ANOTHER USER, SUCH USER HAS A COPY OF SUCH USER CONTENT. DELETING YOUR USER CONTENT WILL NOT HAVE ANY EFFECT ON YOUR USER CONTENT THAT HAS BEEN SHARED PRIOR TO REMOVAL. IF YOU DO NOT WANT OTHER USERS TO COPY, MANIPULATE, DISTRIBUTE, EDIT, DISPLAY, OR OTHERWISE USE YOUR USER CONTENT, DO NOT USE THE LOMICS SERVICE TO SHARE IT WITH ANOTHER USER.

 

END USER LICENSE GRANT

LOMICS SERVICE

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Lomics Service for your personal, non-commercial use, as permitted by the features of the Lomics Service. Lomics reserves all rights not expressly granted herein in the Lomics Service and the Lomics Content (as defined below). Lomics may terminate this license at any time for any reason or no reason.

MOBILE SOFTWARE

We make available software to access the Lomics Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Lomics Service. Lomics does not warrant that the Mobile Software will be compatible with your mobile device. Lomics hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Lomics account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that Lomics may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Lomics or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).

MOBILE SOFTWARE FROM APPLE APP STORE

This paragraph is intended to apply to you if you have downloaded the Mobile Software from the Apple App Store. Lomics and you acknowledge that this Agreement is concluded between Lomics and you only, and not with Apple Inc. (“Apple”), and as between Lomics and Apple, Lomics, not Apple, is solely responsible for the Software and Lomics Services and the content thereof. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the “Mobile Software” is considered the “Licensed Application” as defined in the LAEULA and “Lomics” is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control.

MOBILE SOFTWARE FROM GOOGLE ANDROID MARKET

This paragraph is intended to apply to you if you have downloaded the Mobile Software on a device powered by the Android operating system. Lomics and you, the end?user of the Mobile Software and Lomics Services, acknowledge that the Agreement is entered into by and between Lomics and you. Lomics is solely responsible for the Software and Lomics Services. Should you have downloaded the Software from the Google Android Market located online at http://www.android.com/market/. You acknowledge that you have reviewed the Android Market Terms of Service (located online at http://www.google.com/mobile/android/market?tos.html) and the Android Market Business and Program Policies (located online at http://www.google.com/mobile/android/market?policies.html). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

LOMICS PROPRIETARY RIGHTS

Except for your User Content, the Lomics Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Lomics Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Lomics and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Lomics Service. Use of the Lomics Content or materials on the Lomics Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

PREMIUM SERVICES

From time to time, Lomics may provide additional features and/or Lomics Services that you pay for (“Premium Lomics Services”). Lomics may also offer from time to time in its sole discretion, certain Premium Lomics Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in this Agreement to the Lomics Service include the Premium Lomics Services.

PRIVACY

For information about how Lomics protects your privacy, please read Lomics Privacy Policy, which you can find at www.Lomics.com/privacypolicy.html. This policy explains how Lomics treats your personal information, and protects your privacy, when you use the Lomics Service.

SECURITY

Lomics cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

YOUR INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other Users. You understand that we do not in any way screen our Users, nor do we inquire into the backgrounds of our Users or attempt to verify the statements of our Users. You agree to take reasonable precautions in all interactions with other Users, particularly if you decide to meet offline or in person.

THIRD PARTY LINKS

The Lomics Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Lomics. Lomics does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Lomics Service, such as through Facebook Connect, you do so at your own risk, and you understand that this Agreement and Lomics’s Privacy Policy do not apply to your use of such sites. You expressly relieve Lomics from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Lomics Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Lomics shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.

INDEMNITY

You agree to defend, indemnify and hold harmless Lomics and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (collectively, the “Lomics Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Lomics Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties you make in this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Lomics Service with your username, password or other appropriate security code.

NO WARRANTY

THE LOMICS SERVICE AND ANY PRODUCT OR SERVICE YOU PURCHASE THROUGH THE LOMICS SERVICE (“PRODUCT”) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOMICS SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LOMICS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE LOMICS SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOMICS SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE LOMICS SERVICE.

LOMICS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LOMICS SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND LOMICS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

IF YOU DOWNLOADED THE MOBILE SOFTWARE FROM THE APPLE APP STORE, YOU FURTHER ACKNOWLEDGE THAT APPLE HAS NO RESPONSIBILITY FOR ADDRESSING ANY CLAIMS RELATING TO THE SOFTWARE OR LOMICS SERVICES OR YOUR POSSESSION AND/OR USE OF THE SOFTWARE OR LOMICS SERVICES, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE SOFTWARE OR LOMICS SERVICES FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE LOMICS PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE AND/OR ANY OF THE LOMICS SERVICES, THESE TERMS OF USE OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF LOMICS OR ANY OTHER LOMICS PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE LOMICS PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THESE TERMS OF USE OR USE OF THE SOFTWARE OR ANY OF THE LOMICS SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LOMICS’S (OR APPLE’S IF YOU DOWNLOADED THE SOFTWARE FROM THE APPLE APP STORE) TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU HAD PAID TO LOMICS OVER THE PRECEDING SIX MONTHS PERIOD.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR LOMICS SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN LOMICS AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE LOMICS SERVICES. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LOMICS ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE LOMICS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE LOMICS PARTIES.

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

COPYRIGHT INFORMATION

As required by the Digital Millennium Copyright Act of 1998, the following individual is designated for notification of potential copyright infringement regarding the Lomics Service:
Leonard Grayver, Esq., 21515 Hawthorne Blvd., Suite 450, Torrance, CA 90503.

If you believe the Lomics Service infringes a copyright, please provide the following information to the person identified above (17 U.S.C. § 512):

  • A physical or electronic signature of the copyright owner or authorized agent;
  • Identification of the copyrighted work(s) claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you that the information in your notification is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

 

It is expected that all Users will comply with applicable copyright laws. However, if we are notified of claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity. Lomics will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its designated agent

GENERAL

Binding Arbitration and Class Action Waiver
You and Lomics agree to arbitrate all disputes between you and Lomics or its affiliates.  “Dispute” includes any dispute, action or other controversy between you and us concerning the Lomics Service or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.  You and Lomics empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or Lomics must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested.  You must send any notice of dispute to Lomics LLC, 4241 Jutland Drive, Suite 215, San Diego, CA, 92117, Attention: Legal/Arbitration Notice.  We will send any notice of dispute to you at the contact information we have for you.  You and Lomics will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.  After sixty (60) days, you or we may commence arbitration.  You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Lomics do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.  Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes.  For more information, visit www.adr.org or, in the United States, call 800-778-7879.  Arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Lomics will pay all filing, AAA, and arbitrator’s fees and expenses.  If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration.  We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you.  For residents outside the United States, arbitration shall be initiated in San Diego, New York, United States of America, and you and Lomics agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.  Neither you nor Lomics will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the Disney Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in San Diego, California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.
Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
Waiver
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision
User Disputes
We are not responsible for addressing any disputes between any Users. In the event of a concern, claim or dispute, Users shall communicate directly with the other party in resolving such concern, claim or dispute. In the event we receive complaints about a User, we will investigate the complaint at our sole discretion and may direct the User to respond to the other party directly.

Entire Agreement
This Agreement, together with any amendments and any additional agreements you may enter into with Lomics in connection with the Lomics Service, shall constitute the entire agreement between you and Lomics concerning the Lomics Service.

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Third Party Beneficiaries And Agreements
If you downloaded the Mobile Software from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Mobile Software and Lomics Service is conditioned upon your compliance with, all applicable third-party terms of agreement, as may be applicable, when using the Mobile Software and/or Lomics Service.

Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lomics without restriction or notice.

Special Provisions Applicable To Users Outside The United States.
The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities using the Lomics Service.

Notices
We may provide notices, whether such notices are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, Apple App Store or Google Android Marketplace, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

Contact Us
Should you wish to contact us with any questions with respect to the Lomics Service, you should email support@Lomics.com.