Welcome to Lumo, provided and operated by MUTOPIA TECHNOLOGY PTE. LTD (“The Provider”).
You are reading the agreement of provision and use of Music Streaming service (“The Agreement”) regulating relationship between you and The Provider, and specifying the conditions for Users to access and use Music Streaming services, our application, website and content (“Services”). For the purpose of this Agreement, the word “You” and “Yours” means you as the Service user. Please spend your time to read below terms and conditions carefully.
The User’s access and use of Service also must comply with regulations of our Privacy policy. The policy can be found directly on Lumo and incorporated in this Agreement by reference.
By the way of accessing and using The Provider’s service, The User acknowledge and understands that it will form a binding agreement with The Provider and that the User has read, understood and agreed to comply with all provisions of this Agreement.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards the Service is licensed, not sold to you, and you may use the Service only as set forth in this Agreement; the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator's ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility.
ARTICLE 1. DEFINITION
1.1 Music Streaming: means the music streaming service provided by MUTOPIA TECHNOLOGY PTE. LTD which can be accessed via website https://www.lumomusic.pk, the Lumo application and other method allowed by the Provider.
1.2 User: mean the person who access Lumo, regardless Lumo ID.
1.3 Lumo ID: mean an account for User to sign in on Lumo to use advanced features on Lumo such as commenting, exchanging information and other features.
1.4 Member: means the service users of Lumo and legally own Lumo ID account.
1.5 Identity Documents: means one of the following documents: Identity card, Passport. For enterprises, organizations including: business registration certificate, investment certificate, establishment license.
1.6 Phone number, email: means the phone number, email specified in this Agreement is the phone number and email owned by the User.
1.7 Lumo VIP: means paid service packages to allow users to use the service with features that are superior to normal free services.
1.8 User Content: means content in the form of including but not limited to text, sound, images, writing, characters, sound recordings, video recordings that the Users are allowed to upload or post or make available (“Share”) on Lumo.
1.9 Service: means all services, products provided on Lumo.
1.10 Private information: means the online information of an organization or individual that is not publicized by that organization or individual, or only provided for a group of receivers that are identified.
1.11 Personal information: means the information associated with the identifications of individuals, including names, ages, addresses, ID numbers, phone numbers, email addresses, and other information defined by law.
ARTICLE 2. MUSIC STREAMING SERVICES PROVIDED BY LUMO
2.1 Lumo is a Music Streaming with the purpose of sharing music information, allowing Users to listen to music, watch music videos online and access other music content and information posted/shared by other members.
2.2 Members are entitled to post, share music information, other music content such as sound recordings, video recordings of which they are the owners or have full rights to share on Lumo according to provision of this Agreement.
2.3 Users can listen online or download the music content on the platform, as the case may be, permitted by Lumo.
2.4 Lumo can be used through the website https://www.lumomusic.pk or the Lumo application from a computer or on authorized mobile devices.
2.5 Members can discuss, comment and exchange with each other in writing about accessible content on Lumo.
2.6 Other services from time to time developed and provided by the Provider on Lumo.
2.7 Lumo's Services are provided for personal and non-commercial use.
ARTICLE 3. REGISTRATION OF LUMO ID ACCOUNT
3.1 Age restriction: In case Pakistani laws have any provisions regarding the age restriction for online music services, the User must comply with those regulations and ensure that the relevant age requirements are met before registering a Lumo ID account. If you are under the applicable age of legal capacity, you should review these Terms of Use with your parent or guardian and make sure that you and your parent or guardian understand these Terms of Use.
3.2 In order to access and use the Services, the User must register a Lumo ID account.
3.3 User has to take all liability with the provided information when registering Lumo ID as well as the any modification or addition of the provided information. The user commits to the accuracy and completeness of the provided information. In any case, as required by Lumo, User must provide all necessary information or documents to prove the accuracy of the provided information, including but not limited to certified copies, images or photocopies of them.
3.4 The process to register Lumo ID request an email address, Date of birth (optional), valid phone number, and Password (optional). Provision of other information shall subject to decision of User. User agree that User ID or provide information of User can be appeared on Website or products of The Provider.
3.5 User is not allowed to use Name of celebrity, famous people, name of leaders of Party or State; Name of criminal or reactionary or terrorist individual, organization as User’ account name or use User’ account name has unhealthy meaning, contrary to good customs and traditions.
3.6 In case User is under 21 years old and does not have any identity documents, the legal guardian decides to register his/her personal information to show his permission and to take legal liability for such registration.
3.7 If a User accesses or uses the Service on behalf of a business or legal entity, then (a) the term "User" includes both User and that business or legal entity, (b) ) User represent and warrant that User is the authorized representative of such business or legal entity and have the authority to bind such entity to these Terms, and that User agree to these Terms on behalf of the legal entity, and (c) User’s business or legal entity is legally and financially responsible for User’s access to and use of the Service as well as for accessing and using account by other parties related to legal Entity, including any employees, agents or contractors.
3.8 If there is any problem in the process of using Lumo, Provider shall base on User’s provide information to receive and settle. The Provider only receive and handle the cases that provide exactly and fully information as prescribed in Clause 3.3 of this Article. If the Information is not provided exactly and fully, User shall not be supported by Provider.
3.9 The User acknowledges and agrees to receive all notices from Lumo regarding products and services via the User's email or phone number.
3.10 The User agrees that the User is solely responsible (to us and other parties) for the activities conducted on the User's account.
3.11 Provider reserves the right to disable User accounts at any time, including where the User has failed to comply with any provision of this Agreement, or where any operation performed by the User's account, in the Provider's discretion, will or may cause harm or loss to the Service or infringe or violate any third party's rights, or violate any law or any applicable regulations.
ARTICLE 4. THE USE OF ACCOUNT, PASSWORD, SIGN-IN
4.1 After the registration of account finish, User shall be granted 01 Lumo ID account including User ID and password. User can use Lumo ID to access and use products, services on Lumo. Lumo ID is granted only for User registered to use with the purpose of individual entertainment and non-commercial.
4.2 Member is obliged to preserve, keep confidentiality of their Username, password, User’s email. If the password is revealed in any way, Provider shall not be liable for any risk, caused damages.
4.3 Member is not allowed to share their personal account with others for any personal reasons. In case password of account is revealed or shared to other people and other devices other than the granted User, Lumo reserves the right to block the granted account without any prior notice obligation or any legal liability. All acts to share, trade, exchange information relating User’s Account is not allowed.
4.4 Lumo reserves the right to delete User's accounts if this account is not used to login within 30 days from the date of registration.
4.5 Lumo reserves the right to delete User's accounts if this account is not used to login to Lumo within 1 (one) year from the last login.
ARTICLE 5. PROHIBITED ACTS
In the process of using Lumo's services, User is obliged to comply with local laws and regulations, and not to use Lumo's features and services in any way, under any circumstances to do the following acts:
· Propagating and incite violence, obscenity, pornography, crimes, social problems, superstition; contradicting national traditions;
· Providing false information, slandering or damaging reputation of organizations or dignity of individuals (mocking, insulting, disparaging, discriminating against religion, gender, ethnicity, causing hatred towards each other, etc.);
· Advertising, propagating, trading in banned goods or services; spreading banned publications;
· Impersonating other organizations and individuals to spread false information, which violates the lawful rights and interests of other organizations and individuals.
· Illegally obstructing the lawful provision and access to information, the provision and use of lawful services on the Internet of other organizations and individuals.
· Illegally using passwords of other organizations and individuals, private information, and Internet resources.
· Creating illegal links to lawful domain names of other organizations and individuals; creating, installing, spreading harmful software or computer virus; illegally accessing or taking control of info systems; making attack tools on the Internet;
· Other prohibited atcs:
· Accessing or using the Service when the User does not have the behavioral and legal capacity to agree to the Terms of the Agreement;
· Using or attempting to use another person's account;
· Use automated scripts to collect information from or otherwise interact with the Service;
· Distribute, license to use, transfer, or sell all or any part of the Service or any derivative work thereof;
· Market, rent or lease the Services for a fee or expense, or use the Services to advertise or make any commercial solicitation;
· Use the Service, without the express written consent of the Provider, for any commercial or unauthorized purpose, including the exchange of information or the facilitation for any advertising commercial, solicitation or spamming;
· Interfere with or attempt to interfere with the proper functions of the Service, disrupt the Provider's website/app or any networks affiliated with the Service, or disable any method which the Provider uses to prevent or limit access to the Service;
· Actions affecting Lumo, using programs, tools or other forms to interfere with Lumo;
· Distributing, spreading or promoting any activity to interfere, destroy or infiltrate the data of products, provided services or server systems;
· Unauthorized login or attempt to log in illegally or cause damage to the server system;
· Trading Lumo ID accounts with money;
· Any act of destroying the products of the Provider in any form.
In the above cases, Provider reserve the right to refuse service, terminate accounts or limit access to the Service at Provider sole discretion, at any time and without prior notice.
ARTICLE 6. LUMO VIP CHARGES SERVICES
6.1 Fee: The fee will be published from time to time on Lumo for each service package, this fee includes VAT and is the amount that the User must pay to The Provider to enjoy the services that Lumo VIP package provided.
6.2 User can experience flexible VIP services according to the following terms:
· According to a fixed cycle, the User will pay a monthly service fee or pay a service fee for another period of time that the User chooses when purchasing the service.
· According to individual time, depend on User’s demand, User shall choose to prepay for the service package corresponding to the desired time period of the User.
6.3 Users can base on their personal needs to choose the appropriate service package and pay with the available payment methods on Lumo.
6.4 Lumo reserves the right to update and change the price of Lumo VIP service package from time to time. The change of price shall take effect at the time the User starts to register to use the next service after the date of the fee change. By continuing to use the service and make transactions, the User acknowledges and agrees to accept the adjusted price.
6.5 In all cases, paid service fee shall not be refunded.
6.6 The Provider may provide an available trial of Lumo VIP for a certain period of time (usually for a month), whereby the User will have the opportunity to experience Lumo VIP for free without any cost. Lumo shall notify the User about the terms and specific regulations of the cases to experience this trial. The Provider reserves the right to update the terms provision of trial to the User at any time without prior notice. The Provider also reserves the right to withdraw or discontinue the trial version without prior notice and any liability.
6.7 When the User registers for trial version, the Provider will provide the User with relevant information on automatic payment regulations after the end of the trial period; At the same time, according to regulations from relevant partners, the Provider will require the User to provide payment information before starting to experience the trial version. By providing payment information, the User acknowledges and agrees that on the first day after the end of the trial period, Lumo will automatically charge the specified price for using Lumo VIP. In case, after the trial period, the User does not want to continue using the service; or Users do not want to be charged after the trial period expires, the User is requested to unsubscribe from the auto-renew feature before the expiration of the trial period. In order to learn more about trial terms, try, Users please see details in specific Notice from the provider from time to time.
6.8 Terms of saving payment cards: With the feature of "Save and Secure Cards for Next Time" at the international payment portal and the domestic portal, Lumo will not directly save the User's card.
6.9 “Auto-Renew" and "Auto-Renewal Notification" feature: The feature of "Auto-Renew" is an automatic reactivation feature to charges User for Lumo VIP service packages when the renewal period is due. By agreeing to subscribe to the auto-renew feature, the User acknowledges and agrees to authorize Lumo or a third party to automatically deduct money from the payment card account that the User has registered when payment time due.
6.10 "Automatic Renewal Notification" is a feature that automatically reminds User to activate Lumo VIP service package when it expires. By selecting the "Automatic Renewal Notification" feature, the User agrees to allow Lumo send a payment reminder when the user's service package comes to a billing period.
6.11 In case the User subscribes to the "Auto-Renew" or "Automatic Renewal Notification" features and uses a discount code for the first payment, when the payment period comes, the system shall automatically collect fee or remind payment based on the original price of the service package.
6.12 Payment period is the time when the current service package subscribed by User expires.
6.13 The request for Service cancelation shall be effective after the last day of current service cycle.
6.14 In case of error when making payment, User is obliged to inform and provide The Provider with payment evidences to recheck and process. If the error stems from The Provider, The Provider shall re-open the service for the User to use. The Provider’s policy is not allowed to refund paid service fee.
6.15 In return for enjoying free or subscription-based access to the Service, you further acknowledge and agree that Lumo may generate revenues, increase goodwill or otherwise increase the value of Lumo from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that you have no right to receive any income or other consideration from any musical works, sound recordings or audiovisual clips made available to you on or through the Service, including in any User Content created by you.
ARTICLE 7. USER OBLIGATIONS
7.1 The User shall immediately notify the Provider of any unauthorized use of the User's account and password or any other breach of security system. The User also warrants that, the User always sign out his/her account after each use. The Provider shall not take any responsibility, directly or indirectly, for any loss or damage caused by the User's failure to notify in accordance with this agreement.
7.2 The User is solely responsible for the content and images of comments and articles posted on Lumo, as well as the entire transaction process with partners during the use of our Services.
7.3 Users are obliged to comply with intellectual property regulations in accordance with applicable laws and Lumo's intellectual property policy published at the link https://www.lumomusic.pk during the use of the service.
7.4 When recognizing errors of products and services, or problems affecting the normal operation of Lumo as well as related products and services, Users should notify the Provider via email: cs-pakistan@lumomusic.pk.
7.5 The User is not allowed to reproduce, copy, sell, resell or exploit for commercial purposes any services, or content (in posts, comments) of Lumo (including personal account of the User) or on behalf of any third party without the prior written consent of the Provider.
7.6 The User undertakes to perform the responsibility to ensure the lawful use of digital information content posted on the Internet and telecommunications networks.
7.7 The User can be subject to administrative sanctions and criminal prosecution if the User violate intellectual property rights when using Lumo.
7.8 The User is responsible for cooperating and providing appropriate information when requested by a competent state agency to serve investigation, statistical work, or other appropriate work according to the provisions of laws.
7.9 The User commits not to: use Services for commercial, illegal, fraudulent, threatening, destructive purposes; creating and spreading viruses that damage the system, website configuration; transmitting or using the Services for the purpose of speculation, manipulation or division of the market. In case of violation, the User must be liable for his/ her actions according to Laws.
7.10 The User must strictly comply with the provisions of Article 5 of this agreement regarding prohibited acts. In case of violation, depending on the seriousness of the acts, the Provider will permanently block the account, cancel the User’s rights to Lumo's products and services and/or The Provider's products, and may request the authorities to prosecute the User if necessary.
7.11 The User is not allowed to take advantage of error in system for personal gain and causing damages to The Provider.
7.12 Users hereby agree to indemnify, defend and hold The Provider, its parent company, subsidiaries, and affiliates, and their managers, directors, employees, agents and counsels harmless from and against any and all claims, liabilities, costs, and expenses, including but not limited to attorneys' fees and expenses arising from a violation of the User or any other person using the User's account under this Article, or arising from the User's breach of the User's obligations, representations and warranties under this Agreement.
7.13 By posting or sharing User Content on or via the Service, the User waives any right to inspect or pre-approval any advertising or promotional material relating to that Content. The User also waives any and all rights of privacy, disclosure, or any other rights having similar nature with respect to the User Content, or any portion thereof. For any moral rights that are non-transferable, the User hereby waives and agrees never to claim any and all moral rights, or to assist, maintain or give authorize any act related to any moral rights that the User may have or in connection with any User Content that the User Uploads through the Service.
7.14 If the user is allowed to upload content (songs, video), The User can share permitted information in the default formats and The User must be liable for content, information, image or any other content as well as legality and legal liability of the User's content, information, sharing with other users, organizations using that content. However, in any case, the provider reserves the right to process posted information to ensure that it is suitable with the customs, codes of ethics and rules relating to national security, and the Provider reserves the right to approve or reject the User content to appear or exist on Lumo or in areas where information is allowed to be shared.
7.15 The User allows the Provider to freely use, disclose, apply or revise any idea, conception, method, suggestion, comment or any other that the User provides the Provider via using Service, products of Lumo, free of charge. The User hereby waives and agrees to waive any right and claim to any gratuities, fees, royalties or other payments in connection with the Provider's use, disclosure, application edit any or all User feedback.
ARTICLE 8. HANDLING FOR MEMBERS IN VIOLATION OF THE AGREEMENT
8.1 Member violates any obligation, commitment, prohibited acts as prescribed in this Agreement shall, depending on the seriousness of the violation, be subject to corresponding sanctions as stated in this Article. The Provider reserves the right to at the same time apply measures as stated in specific provisions.
8.2 Where a Member's breach is not covered by this Agreement, the Supplier shall, depending on the nature and seriousness of the breach, have the sole discretion to determine the appropriate level of sanctions.
8.3 Sanctions: Warning, blocking account for a term (30 days) or permanently.
8.4 Warning is applied as follows: the Provider immediately take down infringing content and applies a warning via email or at the time of account access for minor first-time violations (excluding violations of the prohibited acts as specified in Article 7 of this Agreement).
8.5 Blocking account in a term (30 days) or permanently is applied including but not limited to following acts:
8.5.1. A Warning has been applied but the violation continues to recur or is repeated or the User commits a new violation.
8.5.2. Invasion of privacy: Using other people's photos without permission, publicizing personal documents and other people's information such as identity, address, phone number without permission.
8.5.3. The User takes advantage of Lumo to provide information, content or perform acts that violate fine customs and traditions.
8.5.4. Pornographic information, images, videos, audios: the User uploads pornographic images, sounds, videos or post information about online sex chat rooms, pornographic videos, propaganda pornographic content.
8.5.5. Betting and gambling information: Taking advantage of Lumo to upload information, content, images, audio, video containing information of betting, gambling or containing agreements relating to money, cash, and artifacts.
8.5.6. Spreading deceptive information: Using images, audio or video containing fraudulent information, or information of organizations, individuals, cheating, defrauding other people's property.
8.5.7. Destruction of Lumo system: User takes advantage of the use of products and services to infiltrate the server system in order to destroy products and services or prevent the access to information. The User uses technical tools to increase "title", or to hang up, spam chat, attack DDOS, spread viruses.
8.5.8. Attacking others: Using images, information, audio or video to insult, give information that distorts, slanders, ridicules, damages the reputation of organizations and individuals.
8.5.9. Infringement of intellectual property rights: Stealing content of others on other platforms, copying or quoting without permission, using someone else's copyright or violation of intellectual property policy of Lumo.
ARTICLE 9. WARNING RISK
9.1 RISKS WHEN STORE, EXCHANGE AND SHARE INFORMATION ON THE NETWORK
9.1.1. When the User register and use the feature of signing in from linked account, the User's information shall be shared to third parties. The User acknowledges and agree that sharing and attached risk (if any). The User releases the Provider from any responsibility relating to that sharing.
9.1.2. The User understands that transferring and creating information via Lumo shall cause the risk that others can copy or re-use that information in other way, it means, the User agree for other Users access, watch, store and reproduce the information for those Users. The information against regulations of culture, intellectual property rights etc. can lead to legal liability to the user transferred, shared, created the information.
9.1.3. The Provider makes no representations, warranties or guarantees, whether express or implied, that any Content on Lumo (including User Content) is accurate, complete or up to date. Where the Provider's Services contain links to other websites and resources provided by third parties, these links are provided solely for reference. The Provider has no control over the content of such websites or resources. Such links shall not be construed as consent of the Provider to the websites linked to or information received by the User from such websites. The User acknowledges that the Provider has the right but not the obligation to pre-review, monitor, rate, or edit any content posted by the User or other users on the Service (including User Content). The User acknowledges and agrees that when access to content provided by other users on the Service, the User shall take his/her own risk. Content on the Provider's Services is provided for general information purposes only. The content on the Provider's Services is not intended to be provided as an advisory opinion for the User to rely on. The User should obtain professional or expert advice before taking, or not to take, any action on the basis of content on the Provider's Services.
9.1.4. The information and materials contained in the User Content, have not been verified or approved by the Provider. The views expressed by other users of the Service do not represent the views and judgments of the Provider.
9.2 THE RISK IN FORCE MAJEURE CASES
9.2.1. In case of force majeure including but not limited to problem of electricity, the breach of hardware, software, internet interruption or natural disaster, etc. The User has to accept arising risks or damages (if any). The Provider commits to make every effort to minimize the arising risks and damages, but the Provider will not bear any responsibility in these cases.
9.2.2. The access to Service on Lumo can be interrupted due to force majeure events which can not be foreseen by the Provider and the User acknowledges and agrees that those risks may occur and accept them without any request of indemnity or complaint.
9.3 RISKS IN TRANSACTIONS OF THE USER WITH THIRD PARTY
The Provider shall not be liable for risks arising from transaction between the User and third Party in during the use of Service on Lumo. When the User use products of third party or have transaction with third party, the User understand and agree to take arising risks.
ARTICLE 10. COMPLAINTS AND DISPUTE SETTLEMENT MECHANISM
10.1 For the dispute between Members and The Provider or other individuals, organizations, the provider shall base on log system to settle. Accordingly, the Provider shall protect the rights of the User who register account with full information in accordance with the regulations.
10.2 The Provider shall receive the claims and support members to settle dispute within the scope of provided services.
10.3 Any claim arising during the use of Lumo must be sent to the Provider immediately after the event giving rise to the claim:
10.4 Email: cs-pakistan@lumomusic.pk
10.5 Parties in a dispute shall have responsibility in actively resolving the matter. The complainant is responsible for providing evidence, certified information relating to the conflicting incident and must be responsible for the content of the complaint, documents, evidence provided in accordance with the law. The supplier shall be responsible for checking the authenticity of the evidence and information provided by the complainant and having a response through the system that received the complaint.
10.6 The supplier will base on each specific case to have an appropriate settlement. The User acknowledges and agrees that, in all cases, the claim settlement decision from the Provider will be final and enforceable.
10.7 Timeline for settling dispute and complaint: 30 working days from the date of receipt of complete and valid information from the User.
10.8 The Provider only support, settle complaint, denunciation of User if the User has provided honest, full and exact information when registering account.
10.9 For disputes between Lumo members, The Provider will decide sending contact information of one party to the other to resolve themselves or The Provider will base on the actual situation to settle. Accordingly, The Provider will protect the legal and legitimate members' interests in the best way.
10.10 In case dispute stems from one certain member's default, The Provider shall apply sanctions of warning, blocking account or providing information of case to competent authorities subject to the seriousness of default. The Provider shall terminate and remove all posts, comments of that Member on Lumo, and request the Member to publicly apologize to the party that has been violated.
10.11 If dispute cannot be settled via mediation, one party in dispute has right to request competent authorities to protect their legitimate rights.
10.12 Disputes arise during the use of Lumo shall be settled in accordance with Provider’s policy and current laws of Pakistan.
10.13 Expenses related to the settlement of complaints, disputes: The violating party has proven fault and/or according to the judgment of a competent agency will be responsible for the costs related to the settlement of the complaint, disputes. However, the Provider is completely exempt from related legal obligations, proceedings, losses and costs.
ARTICLE 11. POLICY OF DATA PROCESSING AND CONFIDENTIALITY
11.1. The Provider can use the User’s data to customize and improve in order to serve the User better. Information collected on Lumo shall be used extensively throughout the Music Streaming services that the Provider is providing to the User, and will be used for all purposes to ensure optimal functionality and efficiency of the used information.
11.2. The Provider shall not use the User’s information for illegal purposes.
11.3. Subject to regulations, policy of Lumo, the Provider is entitled to provide third party with the user’s information in cases including but not limited to:
11.3.1. The provider is permitted by the User to do so.
11.3.2. The User can use information related to activities of the user’s account for system quality improvement, service quality and social trend identification.
11.3.3. Service of Lumo requires the provision of information to third party.
11.3.4. In accordance with laws.
11.4. In case the User register to user third party service on Lumo, the User agree to provide personal information, private information and related information to third party must take responsibility of confidentiality. The provider is not responsible for the security and confidentiality of User in this case.
11.5. In some other cases (with the consent of the User), the Provider will connect the User’s account with customer care and trade promotion activities to bring the best benefits to the User.
11.6. The User's personal information and User content shall be stored by the Provider's system for an unlimited time or until the Provider is no longer in operation.
11.7. Technical measures taken by the Provider to ensure that the User's personal information is not leaked, stolen or deleted in the best way.
11.8. Personal information may be disclosed under certain circumstances in accordance with this Agreement, the Provider's policies and laws.
11.9. The Provider makes effort to keep the personal information and private information of the User safe from unauthorized access. However, the Provider does not warrant, undertake to prevent all unauthorized access to, use of personal information beyond the control of the Provider. Therefore, the Supplier shall not be liable in any way for any claim, dispute or damage arising in connection with the unauthorized access, or use of information beyond the control of the Provider as above.
ARTICLE 12. INTELLECTUAL PROPERTY RIGHTS
12.1. All intellectual property rights existing in the products and services of The Provider belong to The Provider or are legally licensed for the Provider to use. Except for the case of The Provider's consent, Users are not allowed to upload, send, publish, reproduce, transmit or distribute in any way, any components of The Provider's products or services.
12.2. By accessing and using Lumo's Services, the User acknowledges and agrees and undertakes to comply with the provisions of this Agreement, the privacy policy, the intellectual property policy and any other policies launched by The Provider on Lumo regarding intellectual property rights.
12.3. Supplier reserves all rights, including but not limited to copyright, related rights, trademarks, trade secrets and other rights in all The Provider products. The use of the Supplier's rights requires prior written consent of the Supplier. Beside license by written consent, the Provider does not grant any other license whether express or implied, for the User to exercise the above rights. And thereby, the User has no right to use the Supplier's products for commercial purposes without the prior written consent of the Provider.
ARTICLE 13. LIMITATION OF LIABILITY AND DISCLAIMER
13.1. In the event of disputes arising from the User's actions, content or information on Lumo, the User agrees to keep the Provider and its parent companies, subsidiaries, affiliates and related companies, affiliated organizations, officers, representatives, partners, suppliers, employees of the Provider, are disclaimed for claims of indemnity, including reasonable attorneys' fees, of any third party.
13.2. The User of service must be fully liable for all information content and images; video clips posted on Lumo. The provider is not responsible for any violations relating to the posted content, or for violations of copyright, intellectual property rights related to the content and images posted on the Lumo. The User in breach must indemnify, and reimburse the Provider for all losses and expenses (including attorney and court costs, if any) that the Provider may have incurred due to the breach formed by the behavior or default of such Service User.
13.3. If there is any complaint or dispute between the User and the right holders regarding the content posted on the Lumo, that User must actively resolve and negotiate with the right holders, and is solely responsible for the settlement of claims, and shall be liable for any damages arising from copyright, trademark, and intellectual property infringement, to ensure Supplier's business is not affected.
13.4. The Service is provided “as is” and the Provider makes no warranties or representations to the User regarding the service. In particular, the Provider does not represent or warrant to the User that:
13.4.1. The User's use of the service will satisfy the User's requirements;
13.4.2. Operational or functional defects of any software provided to the User as part of the service shall be rectified.
13.5. To the fullest extent permitted by law, in case of any dispute the User has with any third party arising from the User's use of the service, including but not limited to, any the carrier, any copyright holder or other users, the User irrevocably protect the Provider and its affiliates from any and all claims and damages (actual and consequential) of whatever nature and manner, known or unknown, arising out of or in connection with such disputes.
13.6. The Provider shall not be responsible for:
(i) any loss of profit (directly or indirectly);
(ii) any loss of commercial advantage;
(iii) any loss of opportunities;
(iv) any data loss;
(v) any loss or damage that the User may suffer due to:
· any faith the User places in the completeness, accuracy or existence of any advertisement, or a result of any relationship or transaction between the User and any advertiser or sponsors whose advertisements appear on the service;
· any changes the Provider may conduct to the service, or as a result of a temporary or permanent discontinuance of the service (or any feature in the service);
· the deletion, falsification, or failure to store any content and communication data maintained or transmitted by or through the User’s use of the Service;
· the User's failure to provide the Provider with exact account information; or
· the User's failure to keep his/ her password or account details safe and confidential.
13.7. Please note that the Provider only provides its platform for domestic and personal use. The User agrees not to use the Provider's platform for any business or commercial purpose, and the Provider has no liability to the User for any loss of profits, business, reputation, disruption of business, or loss of business opportunity.
ARTICLE 14. MISCELLANEOUS PROVISIONS
14.1 AMENDMENT AND STOP PROVISION OF SERVICE
14.1.1. The provider is constantly changing and improving the quality of Services for the User. Therefore, the Provider may, with or without notice, modify or discontinue the service to the User at any time. The User agrees that the Provider has no liability for any modification, suspension or discontinuance of the service on Lumo;
14.1.2. The Provider may, on a case-by-case basis and without prior notice, immediately terminate the terms and conditions established under this agreement and terminate the User's right to use the Services;
14.1.3. Reason for this termination includes, but is not limited to: a breach or consequential breach of the agreement or the breach of governmental guideline or other applicable law; as required by law enforcement or by other competent authorities; no continuation or fundamental change to the Service; unexpected technical or security problems; the account has been inactive for a long time; The Provider has reasonable grounds to believe that the User is using or intends to use the Service to engage in fraudulent or illegal activities; The User does not pay any service fees that the User must pay.
14.2 UPDATES OF AGREEMENT
The terms specified in this Agreement can be updated or modified at any time without prior notice to the User. Lumo shall clearly announce on the website about those changes and additions.
14.3 CONFLICTS OF PROVISIONS IN THE AGREEMENT
14.3.1. In case one or some provisions of this Agreement conflict with the provisions of law and are declared that the provision are invalid by the Court, such provisions shall be amended to be consistent with the applicable law, and the remainder of the Agreement will remain in full force and effect.
14.3.2. This agreement is bound with User from the time User access and use Service on Lumo App.
14.3.3. For use by Pakistani users, in compliance with applicable local laws regarding language requirements, this document may also be prepared in Urdu. In the event of any inconsistency between the English and Urdu versions, the English text shall be deemed amended to conform to and be consistent with the Urdu text.