Acceptable Use Policy

Effective: November 19, 2020

  1. Scope
    This Acceptable Use Policy (“Policy”) applies to Customers’s use of the Platform offered by Lumavate or its affiliates.
  2. Changes to Policy
    Lumavate may change this Policy by posting any updated version of the Policy at https://www.lumavate.com/legal/ and such updates will be effective upon posting.
  3. Violations
    A Customer’s violation of this Policy will be considered a material breach of the Master Subscription Agreement (“Customer Agreement”) and/or other agreement governing the Customer’s use of the Platform.
  4. Prohibited Material
    Customers may not, and may not allow any third-party, including its users, to use the Platform or Lumavate Hosted Apps to display, store, process, or transmit, or permit use of the Platform or Lumavate Hosted Apps to display, store, process or transmit:

    • Material that infringes or misappropriates a third party’s intellectual property or proprietary rights;
    • Hate-related or violent material, and/or material advocating discrimination against individuals or groups;
    • Material that defames, harasses, stalks, abuses, threatens, or violates legal rights of any person or person(s);
    • Obscene, excessively profane material, or otherwise objectionable material;
    • Material advocating or advancing criminal hacking, cracking, or phishing;
    • Material related to illegal drugs or paraphernalia;
    • Malicious material;
    • Unlawful software;
    • Malicious code, such as viruses, worms, time bombs, Trojan horses, and other harmful or malicious files, scripts, agents, or programs, or;
    • Material that violates, encourages, or furthers conduct that would violate any applicable laws, including any criminal laws, or any third-party rights, including publicity or privacy rights.
  5. Prohibited Actions
    Customers may not use the Platform or Lumavate Hosted Apps to, nor allow Platform Users or any third-party to use the Platform or Lumavate Hosted Apps to:

    • Generate or facilitate unsolicited commercial email (spam). Such prohibited activity includes, but is not limited to:
      • Sending communication or email in violation of CAN-SPAM Act or any other applicable anti-spam law or regulation;
      • Sending email to users who have required to be removed from a mailing list;
      • Selling to, exchanging with, sharing with, or distributing to a third party personal information, including the email address of any person without such person’s knowing and continued consent to such disclosure; or
      • Sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
    • Send, upload, distribute, or disseminate, or offer to do the same, with respect to unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, excessively profane, hateful, violent, or otherwise objectionable material, or promote support or facilitate unlawful, hateful, discriminatory, or other violent causes;
    • Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
    • Conduct or forward multi-level marketing materials, such as pyramid schemes and the like:
    • Generate or facilitate SMS, MMS, other text messages, or push notifications in violation of the Telephone Consumer Protection Act, the Do-Not-Call Implementation Act, or any other applicable law including anti-spam, telemarketing, or telephone consumer protection laws or regulations;
    • Use the Platform in any manner that violates any applicable industry standards, third party policies, or requirements that Lumavate may communicate to its users, including all of the applicable guidelines published by CTIA, the Mobile Marketing Association, or any other generally accepted industry associations, carrier guidelines, or other industry standards;
    • Transmit material that may be harmful to minors;
    • Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
    • Violate the rights (such as the rights of privacy or publicity) of others;
    • Promote, facilitate, or encourage illegal activity;
    • Interfere with other user’s enjoyment of the Platform;
    • Mislead people about voting processes or census processes;
    • Engage in activity in connection with illegal peer-to-peer file sharing;
    • Engage in or promote gambling, or run a gambling operation;
    • “Mine” bitcoins and other cryptocurrencies;
    • Sell, distribute, or export illegal or prescription drugs or other controlled substances or paraphernalia;
    • Perform load or security testing;
    • Remove any copyright, trademark, or other proprietary rights notices contained in or on the Platform or reformat or frame any portion of the web pages that are part of the Platform;
    • Access a third party web property for the purposes of web scraping, web crawling, web monitoring, or other similar activity through a web client that does not take commercially reasonable efforts to identify itself via a unique User Agent string describing the purpose of the web client and obey the robots exclusion standard (also known as the robots.txt standard), including the crawl-delay directive; or
    • Use the Platform or Lumavate Hosted Apps to transact online sales of any of the following firearms and/or related accessories to private citizens. Firearms: automatic firearms; semi-automatic firearms that have the capacity to accept a detachable magazine and any of the following: thumbhole stock, folding or telescoping stock, grenade launcher or flare launcher, flash or sound suppressor, forward pistol group, pistol grip (in the case of a rifle), or second pistol grip (in the case of a pistol), barrel shroud; semi-automatic firearms with a fixed magazine that can accept more than 10 rounds; ghost guns; 3D printed guns; firearms without serial numbers; .50 BMG rifles; firearms that use .50 BMG ammunition. Firearm Parts: magazines capable of accepting more than 10 rounds; flash or sound suppressors; grenade or rocket launchers; 80 percent or unfinished lower receivers; blueprint for ghost guns; blueprints for printed guns; barrel shrouds; thumbhold stocks; threaded barrels capable of accepting a flash suppressor or sound suppressor; or
    • Use a Platform or App in any manner that would disparage Lumavate.
  6. U.S Digital Millennium Copyright Act or Similar Statutory Obligations
    To the extent a Customer uses the Platform or Lumavate Hosted Apps for hosting, advertising, sending electronic messages for the creation and hosting of, or for posting material on, websites, each Customer must: (a) comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statute in other countries (the “DMCA”); (b) set up a process to expeditiously responded to notices of alleged infringement that comply with the DMCA and to implement a DMCA-compliant repeat infringers policy; (c) publicly display a description of its notice and takedown process under the DMCA on its instance of the Platform or Lumavate Hosted Apps; and (d) comply with such processes, policy(ies), and description.It is Lumavate’s policy to respond expeditiously to valid notices of claimed copyright infringement compliant with the DMCA. In appropriate circumstances, Lumavate will terminate the accounts of the Customers who Lumavate suspects to be repeatedly or blatantly infringing copyrights.If Lumavate receives a notice alleging, or Lumavate determines on its own, that material on a Customer’s instance of the Platform or Lumavate Hosted Apps infringes another party’s intellectual property, Lumavate may disable that Customer’s instance of the Platform or Lumavate Hosted Apps or remove the allegedly infringing material. If Lumavate receives more than one such notice for the same Customer or Lumavate determines more than once on its own for the same Customer, Lumavate reserves the right to immediately terminate the Customer’s Platform Subscription as deemed necessary by Lumavate to ensure continued protection under the safe harbor provisions under the DMCA or to prevent violations of other applicable laws or third parties’ rights.Lumavate also has the right to terminate the Customer for any reason if Lumavate determines the Customer violates this Policy.