Last Updated: 17 February 2017
Effective Date: 17 February 2017
Lumiere Network (“Lumiere”) offers various web pages, online games and interactive services (e.g., our forums, customer support portal, knowledge base, etc.) (collectively, the “Service”). The Service offered to you is conditioned on your acceptance of several different agreements. These agreements are:
The agreements are listed in terms of their priority and application to you. In the event of a conflict between provisions contained within any particular agreement, the agreement that is listed first shall control. For example, in the event of a conflict between these Terms of Service and the Privacy Statement, the Privacy Statement shall control. In the event of a conflict between the Additional Terms and the EULA, the EULA will control.
By accepting these Terms of Service, you are accepting all agreements that are part of the Service.
Unless otherwise specified, the Service is for your personal and non-commercial use. You may not modify, copy (except for a single backup copy and transient copying required to operate the Service), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service.
2.1 Registration Required.
Some of our Services require you to create an account with us, with a user ID and password. When registering for an account, you agree that you will (a) provide only accurate, complete, and up-to-date information, (b) maintain and promptly update your account information, (c) maintain the confidentiality and security of your username and password, (d) accept all risks and responsibility associated with any authorized or unauthorized access to your account, and (e) immediately notify us if you discover or otherwise suspect any unauthorized use of your account.
2.2 Registration Process.
To register an account, you will be required to provide us with certain information about yourself, including, without limitation your name, birthday, email address and other personal information. Your information will be handled by us in accordance with our Privacy Statement. Once the registration form has been submitted, we may send you an email to verify the information you submitted. You must click on the link or otherwise follow the instructions in the verification email to complete the account registration process.
2.3 Account Eligibility.
You may establish an account only if: (i) you are a “natural person” and an adult in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an account); (ii) you are at least thirteen (13) years of age; (iii) if you are not of the age of majority in your country of residence (generally this is eighteen (18) years old, but may be older depending on your country of residence), you have your parent or legal guardian’s permission to register for the Service (and you will provide evidence of such permission to us upon our request); and (iv) you are not an individual specifically prohibited by Lumiere from using the Service. If at any time Lumiere becomes aware that you have registered an account without meeting the foregoing requirements, Lumiere reserves the right to suspend, terminate and/or delete the account.
As part of the registration process, you will also be asked to select a user ID and password for your account which you will use each time you access the Service. We reserve the right to refuse to grant you or to terminate your use of a username that: (i) impersonates someone else, including, without limitation, another user, a non playable character or a game master, (ii) is or may be illegal or is or may be protected by trademark or other proprietary rights laws, or may cause confusion, (iii) is or may be considered vulgar, defamatory, obscene, hateful, racially, ethnically or otherwise offensive, including any usernames which are sexual in nature, (iv) is comprised of or includes the name of a popular culture icon, persona or media personality (e.g., "SpiderMan" or "TigerWoods") or religious deity or figure or your real name or surname, (v) is comprised of or includes the names (including "street" names) of any drug, narcotic or other criminal activity, or (vi) is otherwise inappropriate, regardless of our software's ability to disallow such usernames.
2.5 Account Security.
You are responsible for the confidentiality and use of your account information and agree not to transfer your right to use or access the Service via sharing your username or password to any third person. If you have reason to believe that your account is no longer secure, you should promptly change your password and notify us of the problem by submitting a ticket to our Customer Support department. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2.6 Account Ownership.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN YOUR ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF LUMIERE. LUMIERE does not recognize or allow the transfer of accounts between players. You may not purchase, sell, gift or trade any account, or offer to purchase, sell, gift, or trade any account, and any such attempt shall be null and void and may result in the forfeiture of your account. This does not apply to gifts of LP or virtual items.
2.7 LP, Purchase of Virtual Items and Account Balances.
While using the Service, you may have the opportunity to visit online and in-game “stores” where you can obtain and use Lumiere’s virtual currency, known as LP, and digital, in-game items. Anything obtained in our stores is not purchased by you, but rather is licensed to you under the terms of this ToS and the applicable agreements. LP has no "real world" value, but may be exchanged for in-game items. You acknowledge that the LP acquired through the Service is not real currency or any type of financial instrument and is not redeemable for any sum of money from us at any time. REGARDLESS OF THE CONSIDERATION OFFERED OR PAID IN EXCHANGE FOR VIRTUAL CURRENCY, YOU DO NOT HAVE ANY OWNERSHIP RIGHTS IN THE ITEMS OBTAINED WITH VIRTUAL CURRENCY.
All purchases of LP and/or virtual items in our stores are subject to our Terms of Sale policy.
We have no obligation or responsibility to and will not reimburse you for any item or any LP lost due to your violations of this ToS or any other applicable agreement.
2.8 Service Termination.
Lumiere reserves the right, in its sole discretion, to terminate your access to any or all parts of the Service at any time, without notice, if you fail to comply with these ToS.
3.1 No Unlawful Use.
As a condition of your use of the Service, you warrant to Lumiere that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
3.2 Code of Conduct
Lumiere has made available a Code of Conduct which applies to your use of the Service, including your use of the games offered by Lumiere. You agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service. We further reserve the right to determine what conduct is outside the "spirit" of the Service and games provided therein.
When you become a part of the Lumiere Network community, you are joining players worldwide. We understand that with any service that involves other players, disputes and misunderstandings may arise from time to time. however, our in-game/online staff will do their best to resolve these as they happen.
There are a number of circumstances that can result in disciplinary action against your account, on both the forums and in-game. Appropriate action will be taken during any incidents of community disruption, violation of the game's respective EULA or our Terms of Service, or any other action that may be deemed inappropriate by the Lumiere Network’s staff.
This Code of Conduct outlines the rules that you need to follow to help ensure that Lumiere Network’s games, forums, and other interactive services are safe and fun for everyone.
If you violate the Code of Conduct, action(s) may be taken to address the violation, including but not limited to temporary suspensions, permanent character/game bans, or permanent IP blocks (prohibiting your access to any Lumiere Network game or interactive service). Lumiere Network will determine the appropriate course of action for violations of the Code of Conduct.
LUMIERE NETWORK IS NOT OBLIGATED TO SEND YOU A WARNING BEFORE THESE ACTIONS OCCUR. If your account is suspended while you are participating in a tournament or competition, Lumiere Network assumes no liability in the loss of any potential prizes or recognition related to the tournament or competition.
Lumiere Network is not obligated to monitor every post or activity, but has the right to remove any post or take action against any user. Furthermore, Lumiere Network reserves the right to remove at any time, without notice, any user-created content, account, or device from the games or interactive services for actions determined to be in violation of this Code of Conduct or Terms of Service.
UPON RECEIVING A PERMANENT BAN, ALL CONTENT LICENSES AND LP (Lumiere Point) BALANCES ASSOCIATED WITH THE SUSPENDED ACCOUNT ARE FORFEITED.
3.3 No Data Mining.
You agree that you will not (a) obtain or attempt to obtain any information from any part of the Service using any method not expressly permitted by Lumiere; (b) intercept, examine or otherwise observe any proprietary communications protocol used by any part of the Service, whether through the use of a network analyzer, packet sniffer or other device; (c) use any third-party software to collect information from or through any part of the Service, including without limitation information about your character, any account registered to you, virtual items, other players, or other Service-related data.
3.4 User Generated Content.
User Generated Content means all communications, images, sounds, and all the material and information that you upload or transmit through the Service, or that other users upload or transmit, including without limitation any chat text, gameplay clips, and content you make that is based on or utilizes Lumiere’s intellectual property.
Certain features of our interactive services may allow you to create, upload and distribute user generated content (“UGC”). Lumiere does not pre-screen UGC that may be posted or made available through the Service by players, and as such Lumiere does not assume any responsibility or liability for content that is generated by users in connection with our interactive services.
You must have the legal right to create, upload and distribute UGC in connection with our interactive services. You may not upload or post any UGC that infringes the copyright, trademark or other intellectual property rights of a third party. You may not upload UGC that violates the law, our EULA or Terms of Service and/or any third party's right of privacy or right of publicity.
Lumiere does not assume any liability for any failure to remove, or any delay in removing, content. However, Lumiere may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of Lumiere's or a third party's intellectual property or other rights, Lumiere may suspend or terminate your access to our interactive services without notice to you. If your access to our interactive services are suspended or terminated, you are not entitled to a refund for any LP or virtual items you have obtained. Our determinations regarding suspensions or terminations is made in our sole discretion and is final and binding on you.
You acknowledge and agree that you have no expectation of privacy concerning the transmission of gameplay or any User Generated Content, including without limitation chat text or voice communications. WE RESERVE THE RIGHT, AT ALL TIMES AND IN OUR SOLE DISCRETION, TO DISCLOSE ANY USER GENERATED CONTENT AND OTHER INFORMATION (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, AND GAMEPLAY FOOTAGE) FOR ANY REASON, including without limitation (a) to satisfy any applicable law, regulation, legal process or governmental request; (b) to enforce the terms of our Terms of Service or other applicable agreements and policies; (c) to protect our legal rights and remedies; (d) to protect the health or safety of anyone we believe may be threatened; or (e) to report a crime or other offensive behavior.
You agree that you will be personally responsible for your creation of user generated content, and for all of your communications and activities done in connection with our interactive services, including any content you contribute.
You will indemnify and hold harmless Lumiere, its parent, affiliates, and their respective employees, volunteers, officers, and directors from any liability or damages arising from your conduct in the connection with our interactive services.
In exchange for use of our interactive services, and to the extent that your contributions through use of our interactive services give rise to any copyright interest, you hereby grant Lumiere an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Software and related goods and services, including the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. To the extent permitted by applicable law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Lumiere's and other players' use and enjoyment of such assets in connection with the Game and related goods and services under applicable law. The license grant to Lumiere, and the above waiver of any applicable moral rights, survives any termination or revocation of this Agreement.You agree and acknowledge that User Generated Content is specifically NOT governed by Lumiere's Privacy Statement, and instead is governed by this ToS.
3.5 Claims of Intellectual Property Rights Infringement.
Notifications of claimed intellectual property rights infringement should be sent to Lumiere's designated agent. ALL INQUIRIES NOT RELEVANT TO CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT WILL RECEIVE NO RESPONSE IF SENT ACCORDING TO THIS PROCESS.
Copyright Infringement Policy
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through a website or online service operated by Lumiere, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA).
To file a copyright infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the DMCA to confirm these requirements):
Please send your notification to via email: email@example.com
Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. It is your responsibility to ensure the accuracy of claims you submit.
If the content is removed, the party that posted the content will receive a warning letting them know that content they posted to our interactive service was removed because of a notice of copyright infringement. We will also provide them with your contact information, including email address and the name of your organization or client, and/or the contents of your report.
If the party that posted the content believes that the content shouldn’t have been removed, they’ll be encouraged to reach out to you to try to resolve the issue directly, and if the content is removed under the notice and counter-notice procedures of the DMCA, they will also be able to submit a counter-notification under the DMCA.
If you believe that your trademark or service mark is being used in a way that constitutes trademark infringement and is accessible through a website or online service operated by Lumiere, you may notify us by sending us:
Please send your notification to via email: firstname.lastname@example.org
Lumiere and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names and logos used on or through the Service are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
Lumiere owns and shall retain all right, title and interest, including, without limitation, all intellectual property rights, in and to the Service, and all portions thereof including any downloadable software or content made available through the Service. You shall not take any action to jeopardize, encumber, limit or interfere in any manner with Lumiere's ownership of and rights with respect to the Service. You shall have only those rights in and to the Service as are expressly granted to you under this Agreement.4.2 License to Software and Content
From time to time the Service may make available certain software and content for you to download or otherwise access. Your use of this software or content, excluding User Generated Content, is governed by the terms of the agreements listed in Section 1 above, as well as the following:
4.3 License Termination
The above described license is conditioned on your compliance with all agreements applicable to you, and shall terminate upon the earlier of: (a) your breach of any part of these agreements; or (b) our termination of the Service or the removal of software or content to which the license applies. If you breach any provision of the agreements applicable to you, any license you have obtained will be automatically rescinded and terminated. In order to protect our rights some software or content made available through the Service may contain watermarks and/or be controlled by other digital rights management technologies, which will restrict how you may access and use that software or content. You may not remove, delete, or alter any watermark or other digital rights management technology or other information.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LUMIERE AND/OR ITS RESPECTIVE DEVELOPERS AND SERVICE PRODIVERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME. INFORMATION RECEIVED VIA THE SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
LUMIERE AND ITS DEVELOPERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT CONTAINED ON THE SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LUMIERE AND ITS DEVELOPERS AND SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT LUMIERE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY CONTENT OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT LUMIERE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT LUMIERE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL LUMIERE AND ITS DEVELOPERS AND SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LUMIERE OR ITS DEVELOPERS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR OTHER FORMS OF DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THE TERMS OF THE APPLICABLE AGREEMENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
6.2 Social Media.
If you are a registered user of certain social media networks (e.g., Facebook, Twitter, etc.), you may have the opportunity to utilize your social media account data to take advantage of certain features on the Service (e.g., friend search). Your social media account is subject to separate terms and conditions provided by the social media network at issue. If you utilize a social media account connect feature, others will be able to associate your user ID and/or in-game name with your real name on the Service.You hereby acknowledge that neither Lumiere nor the social media network at issue is responsible for any liability as a result of your use of the Service and that the Service is in no way sponsored, endorsed or administered by any particular social media network.
6.3 Links to Third Party Sites.
The Service may contain links to or feeds from websites controlled by third parties (“Linked Site(s)”). The Linked Sites are not under the control of Lumiere and Lumiere is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any information transmitted on a Linked Site. Lumiere is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Lumiere of the site or any association with its operators.
Any dealings with third parties (including advertisers) included within or available via a link from the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Lumiere shall not be responsible or liable for any part of any such dealings or promotions.
Lumiere reserves the right to change the ToS at any time. You are responsible for regularly reviewing these terms and conditions and your continued use of the website acknowledge your agreement. The most current version of the ToS can be reviewed by clicking on the "Legal Documentation" hypertext link located at the bottom of our Web pages. If we change the ToS, we will communicate the changes to you before changes are made effective and we will update the Effective Date listed above. Your continued use of the Service after such notification of changes will constitute your acceptance of such changes.
This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise, by you without the prior written consent of Lumiere Network. Lumiere Network may assign, license, delegate or otherwise transfer its rights or obligations hereunder to any third party without restriction. Subject to the preceding sentences, the rights and liabilities of the parties hereto are binding on, and shall inure to the benefit of, the parties and their respective successors and permitted assigns. Any attempted assignment other than in accordance with this Section shall be null and void.
The waiver by either party of a breach of or a default under any provision of this Agreement, shall be in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.
If the application of any provision of this Agreement to any particular facts or circumstances shall be held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of this Agreement shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
8.4. Export Controls.
To the greatest extent permitted by applicable law, you shall abide by all applicable export laws and regulations in its use of the Service. The Service, or any part thereof, may not be downloaded or otherwise exported or re-exported (a) into any country for which the United States has a trade embargo, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
8.5. Captions and Section Headings.
The captions and section and paragraph headings used in this ToS are inserted for convenience only and shall not affect the meaning or interpretation of this ToS.
8.6. Equitable Relief.
You acknowledge and agree that due to the unique nature of this Agreement, there can be no adequate remedy at law to compensate Lumiere Network for your breach or threatened breach hereof; that any such breach or threatened breach will allow you or third parties to compete unfairly with Lumiere Network resulting in irreparable harm to Lumiere Network that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Lumiere Network shall be entitled to seek injunctive and other appropriate equitable relief (without the necessity of proving actual damages, except where prohibited by applicable mandatory laws, or of posting a bond), in addition to whatever remedies it may have at law, hereunder, or otherwise.
8.7 No Waiver.
Our failure to enforce any provision of this ToS or any applicable agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToS or any applicable agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
PO Box 786 Statham GA, 30666
We can be reached through the use of our Customer Support portal, which is located at support.lumiere.network.
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