Terms of Use




The following document outlines the terms of use of the Lumzy website. You can also review our Privacy policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the Lumzy services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. The column on the right provides a short explanation of the terms of use and is not legally binding. This page was last updated May 05, 2013



MODIFICATION
We (Crunch Frog LLC or simply "Crunch Frog") reserve the right to change these Terms of Use, and when we do make changes, we will update the "Last updated" date. You are responsible for periodically reviewing this Terms of Use page to see if it has been updated, and to review any such updates. Your continued use of our Products and Services constitutes your agreement to the then current Terms of Use.



Basically
We may periodically update these Terms of Use, which you should periodically review
PRIVACY AND PERSONAL INFORMATION
To learn about how we protect your personal information, such as your name and address, refer to our online Privacy Policy



Basically
See our separate document regarding privacy
REGISTRATION
As a condition to using the Lumzy product and website (together referred to as the "Site"), you are required to open an account and select a password and username, and may be asked to provide additional registration information. The registration information you provide must be 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 account. By using our Products and Services you are agreeing to receive email communication from us with news and information related to our products and services, and your Lumzy account.



Basically
To use the Site you need to create your with real information
PRODUCTS AND SERVICES
The Site is an online tool for developing prototypes and mockups, which enable developers (and their clients) to interactively use the prototypes for the purposes of testing out concepts related to software development projects/products prior to the actual code development required to make such a project/product "real". Services include, but are not limited to, any service and/or content we make available to or perform for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content ("Content") includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.

Basically
We provide a tool for developing prototypes
The Site is supported on a "best attempt" basis. "Best attempt" means we will do our best to answer your questions and resolve your issues on a timely basis during our published support hours. We will also will make a best effort to ensure no loss of data. As such, the Site should not be used for your critical commercial projects. Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. We reserve the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at our sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability.

We do our best to provide support (we're not a 7x24 shop) and at time things can go wrong and service can be interrupted, so don't use this for commercial critical projects
User accounts that have not been accessed within a nine month period, will be considered inactive, and all associated projects will be moved to an archived area. Such accounts will need to request their projects be moved back into the active project area by contacting our Support team.



Old unused accounts will have their data move to an archive area
USER CONDUCT
You will not use the Site for any unlawful purpose, or in any manner or for any purpose which is prohibited by these Terms of Use. In using the Site, you will not:
(a) disrupt or interfere with any other user's use of such services or materials or any affiliated or linked products, services or sites
(b) use the Site to post or otherwise transmit any viruses or other harmful, disruptive or destructive files
(c) create a false identity,
(d) use or attempt to use another's account, password, service or system without our specific authorization
(e) access or attempt to access any service or content which you are not authorized to access
(f) disrupt or interfere with the security of, or otherwise cause harm to, any system resources, accounts, passwords, servers or networks connected to or accessible through our products and services
(g) conduct any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) intended to cheat or harm people
(h) threaten, defame, abuse, harass, stalk or otherwise violate the legal rights (such as rights of privacy and publicity) of others
(i) use the Site to publish, post, upload, distribute or disseminate any defamatory, obscene, or unlawful topic, name, material or information
(j) use the Site to upload or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, without limitation, copyright, trademark, privacy and publicity laws unless you own or control the rights thereto or have received all necessary consents to do the same
(k) violate any applicable laws or regulations.
(l) modify, adapt, translate or reverse engineer any portion of this service.
(m) use the service to violate the legal rights of others (such as the rights of privacy).
(n) create multiple user accounts in connection with any violation of the this agreement or create user accounts by automated means or under false or fraudulent pretenses.



Basically
You cannot use our site to post pornographic material, harass people, send spam, and do other crazy stuff. Be reasonable and responsible, don't do anything stupid and you'll be fine
THIRD PARTY CONTENT
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) WE DO NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH OUR SITES OR PRODUCT PROMOTIONS, (ii) WE MAKE NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS OR SERVICES, (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK AND (iv) WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.



Basically
We're not responsible for content that may come through ads or other third party postings
YOUR INTELLECTUAL PROPERTY RIGHTS
We do not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your account. We will not use any of your content for any purpose except to provide you with the Service.



Basically
Your stuff is still owned by you, and we will only use it in providing you with service
LOGOS AND INFORMATION
All logos and information from external sites are the copy-protected property of their respective owners. Please do not duplicate or use these items (images, slogans etc) without requesting permission from the owner.



Basically
Don't illegally use someone else's property
LOGOS AND INFORMATION
All logos and information from external sites are the copy-protected property of their respective owners. Please do not duplicate or use these items (images, slogans etc) without requesting permission from the owner.



Basically
Don't illegally use someone else's property
LANGUAGE TRANSLATION
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais. The English version of these Terms of Use will be the version used when interpreting or construing these Terms of Use.



Basically
We speak English, so that's the language used in all our communication and docs
GENERAL
These Terms of Use and the other rules, guidelines, licenses and disclaimers posted with our products and /or services constitute the entire agreement between Crunch Frog and you with respect to your use of Services and Materials, and supercede any prior representations, discussions, undertakings, communications or advertising relating thereto. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of these Terms of Use will continue in full force and effect. Any failure by Crunch Frog to enforce or exercise any provision of these Terms of Service or related right will not constitute a waiver of that right or provision. The section titles used in these Terms of Use are purely for convenience and carry with them no legal or contractual effect. Nothing in these Terms of Use is intended to be, or will be construed as, altering, revising, modifying or otherwise amending any agreement, arrangement or understanding between you and Crunch Frog.



Basically
This agreement supersedes any other agreements
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Crunch Frog, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services. You hereby agree to indemnify and hold harmless Crunch Frog, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Crun Frog username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.



Basically
We're not liable if something goes really wrong
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