Terms of Use
Last Updated: February 6, 2024
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 11 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
The following terms and conditions (these “Terms” or “Terms of Use”) govern your use of the websites, services, products, databases, software, tools, apps, subscriptions, channels, pages and services in all media to which these Terms of Use are linked or contain the URL for these Terms of Use, and which are owned or operated by Luminate Data, LLC or Quansic SARL (“Company,” “Luminate”, “we” and “us”) (collectively, the “Services”). This includes all subdomains of our websites and any content, code, data, services, features or functionality made available from or through the Services.
In order to access certain Services, you must be provisioned a unique identifier (“ID”) by or on behalf of Company pursuant to a separate services agreement between a subscriber to the Services and Company (a “Services Agreement”). In addition to these Terms, your access and use of the Services is subject to all terms, conditions, and limitations set forth in the applicable Services Agreement.
We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Services. Changes in the Terms of Use will be effective when posted and your continued use of the Services and/or the services made available on or through the Services after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SERVICES, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access or otherwise use the Services. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. The Services are intended for and applicable only for individuals who are eighteen (18) years of age or older.
1. Company Content
Certain “Company Data” is made available to Authorized Users (as defined below) through the Services, which may include Music Connect, Luminate Film & TV, Streaming Viewership (M), Insights, and related data or services. Company Data and other information and content provided on or through the Services constitutes Company Content (as defined below) hereunder.
Content on the Services that is provided by Company or its licensors, including certain graphics, photographs, images, screen shots, text, articles, and any interactive content, digitally downloadable files, trademarks, logos, product and program names, slogans, methodologies, concepts, analyses, algorithms, know-how, frameworks, models, templates, specifications, industry perspectives, technology (including all software, Internet portals, platforms, access and analytic tools, along with updates and new versions, all in object and source code and together with all documentation and manuals), and other tools, raw, syndicated or syndicatable data and any other data, including Company Data, and the compilation of the foregoing (collectively, “Company Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. You agree not to download, display or use any Company Content located on or provided through the Services for use in any publications, in public performances, on websites other than this Services for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensors’ property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree not to misuse in any other way any Company Content or third-party content that appears on this Services.
Provided you are a duly authorized user (an “Authorized User”) pursuant to an applicable Services Agreement, Company grants you a limited, temporary, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Services and Company Content, solely in accordance with the terms and limitations of the applicable Subscription Agreement and as set forth in this Section. The Services and Company Content (including, without limitation, Company Data) are licensed to Authorized Users for their confidential internal business use only, and, absent specific prior written consent by Company, in no event will you, either directly or indirectly, through yourself or any party:
(a) provide access to, disclose or distribute the Company Content, or any part thereof, to any third party, by any manner whatsoever, including any form of on-line technology, except as otherwise expressly set forth below in this Section;
(b) create, republish or broadcast or otherwise utilize the Company Content in any chart, list or ranking that includes or is created from or informed by the Company Content or any portion thereof, or otherwise use the Company Content, or permit such to be used, for purposes of product benchmarking or other comparative analysis intended for publication or distribution;
(c) utilize in connection with, or with respect to, the Services and/or Company Content any automated data mining programs, including without limitation web spiders, bots, indexers, robots, crawlers, harvesters, scripts, or macros;
(d) distribute, market, license or sell any derivative work based on the Services and/or Company Content, or decompile, reverse engineer, disassemble, combine, pool, commingle or cross-reference them with other information, technology or content; sublicense, distribute, dispose of, modify, adapt or translate the Services and/or Company Content, remove any proprietary or copyright legend from, or use the Services and/or Company Content in a manner competitive with Company or its affiliates, or any intellectual property or service of Company or its affiliates;
(e) copy the Services and/or Company Content or place any Company Content on any data retrieval systems;
(f) use the Company Content or any part thereof in any legal or administrative proceeding, except as required and compelled by legal process, in which case you shall promptly give Company advance written notice, and, before such use, you shall obtain confidentiality agreements, protective orders and evidentiary stipulations acceptable to Company and shall limit the use to the minimum necessary to comply with such legal requirement, all of the foregoing at your expense;
(g) use any artificial intelligence systems, machine learning models or tools, software robots, spider, crawlers, or other data gathering, analysis or extraction tools, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate the Services, including any content, data or any portion thereof; (ii) use the Services, including any content, data or any portion thereof, to train artificial intelligence, machine learning models, automated processing tools, other algorithms or other software systems, whether automated or manual; or (iii) build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Services (including any code used in any software) or content, whether or not for profit;
(h) disclose the Company Content or any part thereof to the general public, including without limitation in any press release or advertising, marketing or promotional claim; or
(i) use any electronic communication feature of the Services for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, threatening, or hateful; upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; collect or store personal data about other users; use the Services for any purpose not expressly approved by Company in writing; email or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; upload, email or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; cause, in Company’s sole discretion, inordinate burden on the Services or Company’s system resources or capacity; interfere with or disrupt servers or networks used by Company to provide the Services or used by other Authorized Users to access the Services, or violate any third-party regulations, policies or procedures of such servers or networks or harass or interfere with another Authorized User’s full use and enjoyment of the Services; or use the Services in any manner or for any purpose other than as expressly permitted by the Services Agreement, these Terms, the Company’s Privacy Policy, or any other policy, instruction or terms applicable to the Services.
For the avoidance of doubt, any use or disclosure of any Company Content to any third party, including but not limited to consultants, software solutions providers, third party processors, computer service bureaus, value added processors, data modeling or awareness tracking companies and/or media audit companies, is prohibited without Company’s prior written consent.
You agree not to re-transmit, disclose or distribute any of the Company Content or information received from the Services or Company services to any other person, organization or entity. You expressly agree that the Company Content and any other data obtained or derived from the Services or Company services (including print publications, if applicable) shall not be incorporated in any other material or work distributed or disclosed to others or redistributed by or on behalf of you in any form or manner, including but not limited to, on any social networking site; online forum, discussion thread or comment section; personal website or blog; or any other website, service, platform, program, application or other form or method of communication. For clarity, you may not use such information for development of data-related products or services, the creation of any database product, or for data provision services.
2. Accounts, Passwords, and Security
If the Services requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. Company’s information collection and use policies with respect to the privacy of such registration information are set forth in the Services’ Privacy Policy located at https://luminatedata.com/privacy-policy/, which is incorporated herein by reference for all purposes (the “Privacy Policy”). It is your responsibility to maintain the currency, completeness, and accuracy of your registration information, and any loss caused by your failure to do so is your responsibility. During the registration process, you may be asked to enter your name and valid e-mail address and choose a sufficiently strong password. It is your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Services. Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If you suspect your login credentials have been compromised, please notify us immediately using the support contact information provided on the relevant account login page. Company is not responsible for any delay in shutting down your account after you have reported a breach of security to us. IDs may not be reassigned or shared without Company’s prior written approval.
3. User Submissions
Unless personally and directly requested by Company, we expressly request that you do not submit any content, articles, ideas, concepts, techniques, designs, plans, charts, feedback, suggestions, know-how, or similar materials (collectively “Submitted Ideas”) to us in any form, over any medium (including, without limitation, via e-mail). The Services is not intended for you to submit any unsolicited materials. We are under no obligation to review or keep your Submitted Ideas, and we reserve the right to delete or review any Submitted Ideas in our sole discretion. If you disregard our request and disclose or offer any Submitted Ideas, the Submitted Ideas will be deemed to be non-confidential and non-proprietary and shall become the exclusive property of Company. In such cases, we will be entitled to unrestricted use of the Submitted Ideas (in whole or in part and including, without limitation, any derivations thereof) for any purpose whatsoever, commercial or otherwise without any form of compensation to you. Further, you understand and acknowledge that Company may employ internal and/or external resources which may have developed, or may in the future develop, ideas identical or similar to your Submitted Ideas.
The Services may permit Authorized Users to submit information to the Services related to the music, film and television industries,, including but not limited to release schedules, metrics, credits, representative information, personnel contact information, and information about talent. The submission of any such information is subject to these Terms including but not limited to Section 4. You are solely responsible for the information you submit, agree you have authority to submit such information, and such submission constitutes agreement to the use of such information by Company in the Services.
4. Indemnification; Use of the Services
You agree to indemnify and hold harmless Company, its parents, subsidiaries, and affiliates, and each of its and their directors, officers, employees, agents, successors and assigns from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or which arises from or in connection with your use of the Services and/or any Company Content and/or any content you submitted, posted, or otherwise provided to Company or this Services. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim. You agree not to settle any matter without the prior written consent of Company’s Chief Executive Officer.
You represent and warrant that: (i) you have valid licenses to all rights, title, and authority necessary to provide any information you submit to the Services and such submission does not violate any applicable law (including, but not limited to, privacy, publicity, copyright, contract, and securities laws) or violate any third party’s rights; (ii) you shall use commercially reasonable efforts to ensure that the information you provide is correct and complete; (iii) you have provided any legally required notice and obtained any legally required consent with respect to any personal data you provide; (iv) in the event that information you provide is either not complete or accurate, you agree to update the information thereafter in the event of any changes; (v) you will not provide us with any information in breach of an obligation of confidentiality or other duty, or obtained through an act of misappropriation, deception, or unlawful means; and (vii) you will comply with all applicable laws, rules, and regulations, and any contractual requirement or end-user license agreement.
You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services. Company, at its sole discretion and without notice to you, may review, censor or prohibit the transmission or receipt of any information which Company deems obscene, offensive or otherwise inappropriate. You agree that any unauthorized use of the Services (or any data derived therefrom) by you may result in immediate suspension of service access or termination.
The use of the Services on a mobile device requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Services, including without limitation administrative messages, service announcements, diagnostic data reports, and Services updates, from Company, your wireless service provider or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Services. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Services, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Services.
Some functionality of the Services, including location-based services and functionality and access to the user’s address book, may require the transmission of information provided by the user, including, without limitation, names, user names and passwords, addresses, email addresses, financial information (such as credit card numbers), and/or precise location. By using the Services, the user consents to the transmission of such information to Company and/or its agents and authorizes Company and/or its agents to record, process, and store such user information including for purposes described in the Company’s Privacy Policy.
5. End User License for our Mobile Apps
Our mobile applications (each, an “Application”), including the software; any code, files, and images, contained in or generated by the software; accompanying data; Boot ROM code; and other embedded software; Application Updates (as defined below); documentation; and any accompanying fonts, whether in read-only memory, on any other media or in any other form are licensed to you by Company subject to these Terms. Neither title nor any intellectual property rights are transferred to you, but rather remain with Company, which owns full and complete title thereto, and Company reserves all rights not expressly granted to you. The rights granted herein are non-transferable and are limited to Company’s intellectual property rights in the Application and do not include any other patents or intellectual property rights. These Terms do not grant you any rights to use the Application, Application Updates, or any other Company proprietary interfaces or other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the Application. Any use of the Application in any manner not allowed under these Terms or the LAEULA (as defined below), including, without limitation, resale, transfer, modification or distribution of the Application or copying or distribution of data, reports, text, pictures, music, video, recordings, hyperlinks, displays and other content provided by the Application is prohibited. These Terms do not entitle you to receive and do not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Application. You may not modify, alter, copy, publicly display or perform, distribute, create derivative works, of the Application.
Except as and only to the extent permitted by applicable law, or by licensing terms governing use of open-sourced components included with the Application, you may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, Application Updates, or any part thereof. Any attempt to do so is a violation of the rights of Company and its licensors of the Application and Application Updates. If you breach this restriction, you may be subject to prosecution and damages.
6. Updates
Company may make available for download certain updates or upgrades to the Services (“Services Updates”) or to the Application (“Application Updates,” and, together with Services Updates, “Updates”) to update, enhance or further develop them. The license granted herein allows you to download and use the Updates to respectively update the Application or Services on any device that you own or control. These Terms do not allow you to update devices that you do not own or control, and you may not make the Updates available over a network where they could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Updates, unless such copy is authorized in writing by Company.
Company may, at its discretion, automatically download Updates to your device. You agree to accept these Updates, and to pay for any costs associated with receiving them. The Application, Services and Updates are subject to export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Application, Services and Updates. These laws include restrictions on destinations, end users and end use.
7. Use of our Mobile Apps for Apple Devices
These Terms incorporate 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 these Terms, each of our Applications is considered the “Licensed Application” as defined in the LAEULA and Company is considered the “Application Provider” as defined in the LAEULA. If any of these Terms conflict with the terms of the LAEULA, these Terms shall control. You further acknowledge and agree that in no event will Apple Inc. be responsible for any claims relating to our Application (including, without limitation, a third party claim that the Application infringes that third party’s intellectual property rights) or your use or possession of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple Inc. will have no warranty obligation whatsoever with respect to the Application.
8. Ownership
As between you and Company, Company, its affiliates and/or its licensors own, solely and exclusively, all rights, title and interest in and to the Services and the Company Content (including, without limitation, Company Data), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Services does not grant to you ownership of any content, code, data or materials you may access on or through the Services.
9. Disclaimers, Representations, and Limitations of Liability
The services, information, and Company Content provided through our Services are not intended as a substitute for financial, investment, legal, accounting or other professional advice, and you remain solely responsible for your decisions, actions, use thereof and compliance with applicable laws, rules and regulations. You assume all responsibility for determining whether they are appropriate or sufficient for your purposes.
Company makes no representations about the reliability of the features of this Services, the Company Content, or any other Services feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Company Content will be preserved.
Company does not endorse, verify, evaluate or guarantee any Company Content or information provided by through the Services and nothing shall be considered as an endorsement, verification or guarantee of any such content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.
The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Company any information or posting information to the Services. Company makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Services. This Services may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THIS PLATFORM AND ALL COMPANY CONTENT IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM, ANY COMPANY CONTENT, OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM AND/OR ANY COMPANY CONTENT, NOR SHALL THE PROTECTED ENTITIES BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM’S CONTENT, RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL THE PROTECTED ENTITIES BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM AND/OR ANY COMPANY CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Applicable Laws
We control and operate the Services from our offices in the United States of America. We do not represent that materials on the Services are appropriate or available for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of California, USA without giving effect to any law that would result in the application of the law of another jurisdiction.
11. Dispute Resolution: Binding Arbitration Clause and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS—INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS.
You and Company agree that, except for either party’s claims of infringement or misappropriation of any patent, copyright, trademark, trade secret or other intellectual property right (which shall be exclusively brought in the state and federal courts located in the City and County of Los Angeles, California), any controversy or claim arising out of or relating to the Services, any Company Content, or these Terms and/or the Privacy Policy shall be settled exclusively by binding arbitration in California, or at such other location as may be mutually agreed upon by the parties or in a location determined by the arbitrator as set forth herein, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), unless any such rules are inapplicable to the dispute by their terms or otherwise inconsistent with these Terms. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The Federal Arbitration Act shall govern the enforceability, interpretation and effect of terms set forth in this provision. Otherwise, the arbitrator shall apply California law or applicable federal law consistent with applicable statutes of limitations, and shall honor claims of privilege recognized at law. Payment of the parties’ costs and fees owed to JAMS and the arbitrator will be determined by the JAMS Rules and Procedures and fee schedule, and in such case will be subject to any limitations on the costs and fees owed by you as provided in the JAMS Rules and Procedures. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor Company shall be entitled to arbitrate the dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL, AND WAIVE ANY AND ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION OR CLASS OR REPRESENTATIVE ARBITRATION. DO NOT USE THIS PLATFORM IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
12. Termination
Company may terminate, change, suspend or discontinue any aspect of the Services at any time. Company may restrict, suspend or terminate your access to the Services and/or its services if we believe you are in breach of our Terms or applicable law, rules or regulations, or for any other reason without notice or liability.
13. Third Party Websites
You may be able to link from the Services to third-party websites and third-party websites may link to the Services (“Linked Sites”). You acknowledge and agree that we have no responsibility for and disclaims any liability for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Inclusion of any Linked Sites does not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. Company does not represent or warrant that the contents of any third-party websites or services are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Company is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Information you submit at a Linked Site accessible from this Services is subject to the terms of that site’s privacy policy, and Company has no control over how your information is collected, used, or otherwise handled.
14. Terms Applicable to Individual Subscriptions to Luminate Film & TV (Discovery and Expand).
The terms of this Section (these “Subscription Terms”) apply to individual subscribers of the Luminate Film & TV service (the “Subscription Service”). By signing up to the Subscription Service, you agree to be bound by these Subscription Terms, in addition to the other terms and conditions set forth in these Terms of Use.
(a) Service Tiers. When signing up for the Subscription Service, you may be presented with different subscription plans or options (each, a “Service Tier”). The Service Tiers may be subject to differences in pricing, usage rules, eligibility, features, offerings and availability, and may be modified at any time by Company.
(b) Subscription Period; Automatic Renewal. Your subscription to the Subscription Service (your “Subscription”) shall commence upon your successful signup to the Subscription Service and will continue and automatically renew for the applicable billing period of your Subscription (e.g., monthly or annually) based on the Service Tier you have selected, until you cancel your Subscription before the end of the then-current billing period pursuant to the terms of the section below entitled “Cancellation”. This means that, at the end of each applicable billing period of your Subscription (e.g., at the end of each monthly period for monthly subscriptions, or at the end of each annual period for annual subscriptions), your Subscription will automatically renew for the same duration unless you cancel it before the applicable renewal date. You acknowledge and agree that we may automatically charge your Payment Method (as defined below) for your applicable Subscription fee and any applicable taxes, unless you cancel your subscription before the applicable renewal date. BY SIGNING UP FOR THE SUBSCRIPTION SERVICE, YOU HEREBY ACKNOWLEDGE AND AGREE TO THE AUTOMATIC RENEWAL TERMS SET FORTH IN THESE SUBSCRIPTION TERMS.
(c) Free Trial. Your Subscription may begin with a free trial (the “Free Trial”) for new subscribers for a period of time specified when you register. Availability of a Free Trial is not guaranteed and, if one is available, is only available on the specified terms of the Free Trial based on the applicable Service Tier selected. You must provide a Payment Method (as defined below) at signup to ensure uninterrupted access to your Subscription at the end of the Free Trial when your subscription automatically converts to a paid Subscription. We will charge your Payment Method the subscription fee applicable to your Subscription at the end of the Free Trial and on a recurring basis until cancelled as described herein. If Your Subscription is ever cancelled or terminated for any reason, and you purchase a subsequent Subscription, you shall not be eligible for a Free Trial on such subsequent Subscription.
(d) Billing. By providing a credit card or using another payment method accepted by Company (“Payment Method”) for your Subscription, you are expressly agreeing that we are authorized to charge you a subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Subscription Service to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to https://filmandtv.luminatedata.com/update_profile.php and accessing the “My Account” page, or you may call +1 323 617-9555 to speak with customer service. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. When you provide a credit card to access the Subscription Service, including in connection with a Free Trial, our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. In some instances, your credit limit or balance may reflect the authorization hold during your Free Trial. If your credit card expires and you do not edit your Payment Method information or cancel your Subscription, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. You are responsible for all third-party Internet access charges and taxes in connection with your use of the Services. Please check with your Internet provider for information on possible Internet data usage charges.
(e) Pricing. We reserve the right to change the pricing of your Subscription, effective as of the renewal of your billing period. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your Subscription in accordance with the instructions included in that email and below. If you do not timely cancel your Subscription, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your Payment Method for these amounts. We will not be able to notify you of any changes in applicable taxes.
(f) Cancellation. You may cancel your subscription at any time before the end of the then-current billing period of your Subscription (or before the end of the period of your Free Trial, if applicable). Cancellation will take effect at the end of the then-current billing period unless otherwise disclosed. If you cancel, you will continue to have access to the Subscription Service through the end of your current billing period, unless you are subscribed through a Free Trial, in which case cancellation may be effective immediately. You must cancel your subscription prior to 11:59 p.m. Eastern time on the day before your next recurring billing date in order to avoid being charged for the next billing period. We do not refund or credit for partially used billing periods, although we may provide such refunds or credits on a case-by-case basis in our sole and absolute discretion. To cancel your Subscription, please login to your account at https://filmandtv.luminatedata.com/update_profile.php, visit “My Account”, click on “Manage My Subscription” and follow the instructions there.
(g) Termination or Suspension by Company. Company may, in its sole discretion, terminate or suspend your Subscription for failure to timely pay any fees (upon reasonable notice to you) or to provide accurate information or any breach of these Terms of Use (including, without limitation, these Subscription Terms).
(h) Consent to Privacy Policy and to Receive Marketing Materials. By signing up for the Subscription (including, without limitation, a Free Trial), you hereby consent to the terms of Company’s Privacy Policy located at https://luminatedata.com/privacy-policy/. Without limiting the foregoing, you hereby consent to receive marketing and promotional emails from Company and its affiliates and partners, subject to the terms of the Company’s Privacy Policy.
15. Miscellaneous
Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.
These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflicts of laws principles. By using this Services, you agree that any litigation shall be subject to the exclusive jurisdictions of the state or federal courts located in California, except as to any matters subject to the mandatory arbitration provision above. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PLATFORM AND/OR THESE TERMS, WILL BE WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law.
In the course of your use of the Services, you may be asked or given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.
If Company fails to act with respect to your breach or anyone else’s breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches. 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. These Terms and the applicable Services Agreement constitute the entire agreement between you and Company regarding the use of the Services. By using the Services, you agree to be bound by these Terms.
