Terms of Service
Last Updated: February 26, 2021
Agreement to these Terms
By using our Service, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Service.
Changes to the Terms or Service
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Service, you are indicating that you agree to the modified Terms. We may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
Who May Use the Service
Lumenful is an online services that allows writers ("Publishers") to create, share and sell content with readers ("Readers"). To use our Service, you must be at least 13 years old, or the age of consent in your jurisdiction.
If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
In order to use certain features of the Service, you must create an account. When you create an account as either a Publisher or Reader, you agree that you will not use a name for which you do not have the right to use or a name that is otherwise offensive, vulgar or obscene, or may cause confusion or impersonate another.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
By publishing on Lumenful, you acknowledge sole responsibility for and assume all risk arising from publishing your content. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You own your content - we do not claim any ownership rights in any Content that you make available through the Service and nothing in these Terms will be deemed to restrict any rights that you may have to use your Content.
By posting Content to the Service, you grant us a worldwide, nonexclusive, sublicensable, royalty-free, and transferable license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, subject to your account settings, who may also use your Content subject to these Terms. You retain any and all of your rights to your Content and you are responsible for protecting those rights.
As a Publisher, you determine how your content can be accessed through access controls. You can create fully public content or content that is restricted to readers who perform a certain action. How your content is accessed and at what price is at your discretion subject to your account settings.
As a Publisher, if you cancel or terminate your Content, you are responsible for any and all obligations relating to paid Readers, including any pro-rata refunds, if applicable. If there is a dispute between you and a Reader about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users, and we won’t provide you with any legal advice regarding such matters.
If you choose to charge your Readers a fee for your Content, you agree to process payments from Readers only through the third-party payment processing platform (“Payment Processor”) we choose, and to follow any other rules we specify. You may not avoid your payment obligations to us by using a different payment method.
You agree to pay us the percentage of the total amount charged by you to Readers as set forth on our website, exclusive of any taxes (the “Revenue Share”). You agree that the Payment Processor may pay us the Revenue Share as you process subscription payments, and that these payments are non-refundable.
You agree that you will be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to the sale of your Content.
Subject to these Terms, the Service are provided to you for free up to certain limits and with limited features. Usage over these limits or access to certain features requires you to purchase a subscription (“Subscription”). Details about the different types of Subscriptions, and the limits and available features associated with the Service, are available at our website. You may change the type of Subscription at any time by initiating a change through your plan through the Service settings.
When you purchase a Subscription (such purchase, a “Transaction”) you expressly authorize us (or our third party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, and your address(es) for billing (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to our third party service providers so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
By agreeing to these Terms and purchasing a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription.
You may cancel your Subscription at any time. If you cancel your Subscription, the cancellation will be effective immediately. You will not receive a refund for any remaining time. If you have any features over plan limits, they will be disabled.
Your License to use the Service
The Service are to be used solely for your non-exclusive, non-assignable, non-transferable user in accordance with the terms and conditions of this Agreement, and for no other purposes, and except as expressly authorized by us herein.
You shall not, nor shall you allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the Service, including, without limitation, any content therein, without the express, prior written consent by us or its owner if we are not the owner.
You further understand and agree that the framing or scraping of or in-line linking to the Service and/or the use of Web crawler, spidering or other automated means to access, copy, index, process and/or store any content made available on or through the Service other than as expressly authorized by us is prohibited. You further agree to abide by exclusionary protocols (e.g., Robot.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Service.
Termination of Your Access to the Service
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by simply discontinuing your use of the Service. Your payment obligations may be governed by additional terms.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned, operated, or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Intellectual Property Rights
We own all right, title and interest in and to the Service, including, without limitation, all audio/visual content, artwork, photographs, illustrations, graphics, logos, copy, text, computer code, software, music, data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Service, including, without limitation, the design, selection, sequence, look and feel, and arrangement of the Service, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein (including with respect to any content contained and/or made available in any advertisements or information presented to you via the Service).
Rules For Using The Service
You are solely responsible for your conduct in connection with the Service. You may not:
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
alter, delete or conceal any copyright, trademark, service mark or other notices contained on the Service modify, reverse engineer, decompile or disassemble any part of the Service, whether in whole or in part
create any derivative works from any part of the Service, or encourage, assist or authorize any other person in doing so allow any third party (whether or not for your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use or share the Service, including, without limitation, any content therein, without our express prior written consent
engage in or encourage conduct that (a) would violate any applicable law or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other third party, (b) affects adversely or reflects negatively on Onfielder, its affiliates, the Service, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, and/or (c) discourages any person or entity from using all or any portion, features or functions of the Service, or from advertising, linking or becoming a supplier to us in connection with the Service
modify, disrupt, impair, alter or interfere with the use, features, function, operation or maintenance of the Service or the rights or use or enjoyment of the Service by any other User
impersonate any person or entity or falsely state or otherwise represent your affiliation with a person or entity solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users or engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining lists of other Users or other information
You agree to indemnify, defend and hold Onfielder, its affiliates, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, operators, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of the Service, (b) your breach and/or violation this Agreement and/or (c) your Content. Onfielder reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.
You are solely responsible for your interactions with the Site and associated Service. To the extent permitted under applicable laws, you hereby release Onfielder from any and all claims or liability related to any product or service provided by third-parties, any action or inaction by third-parties, including third-party’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES AND THIS SITE, AND ALL CONTENT, PRODUCTS, SERVICES AND USER CONTENT ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, USER CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT ONFIELDER ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
YOU FURTHER UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ONFIELDER, ITS AFFILIATES, AND EACH OF THEIR SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION ON TIME TO FILE CLAIMS
ANY PROVISION WHICH MUST SURVIVE IN ORDER TO ALLOW US TO ENFORCE ITS MEANING SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT; HOWEVER, NO ACTION ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES, REGARDLESS OF FORM OR THE BASIS OF THE CLAIM, MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ARISEN (OR IF MULTIPLE CAUSES, FROM THE DATE THE FIRST SUCH CAUSE AROSE).
The failure of Onfielder to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by Onfielder without restriction, notice or other obligation to you.
This Agreement contains the entire understanding and agreement between you and Onfielder concerning the Service and supersedes any and all prior or inconsistent understandings relating to the Service and your use thereof.