January 18, 2017
How We Collect and Use Information
Our primary goals in collecting information are to provide and improve our Services, to administer your use of the Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Services.
Account Information. When you create an Account we’ll collect certain information that can be used to identify you, such as your name, email address, personal website, and picture (“Personally Identifiable Information” or “PII”). We may also collect certain information that is not PII because it cannot be used by itself to identify you.
Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Activity Data”), including both Account holders and non-Account holders (either, a “User”). Activity Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to improve and enhance the Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We also use IP addresses to generate aggregate, non-identifying information about how our Services are used.
Location Information. In some cases we collect and store information about where you are located, such as by converting your IP address into a rough geolocation. We may use location information to improve our Services for you.
What Information Do We Share With Third Parties?
We will not share any PII that we have collected from you except as described below:
Information Shared with Our Services Providers. We may engage third party service providers to work with us to administer and provide the Services. These third-party services providers have access to your PII for the purpose of performing services on our behalf.
Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes. Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction. Information Disclosed for Our Protection and the Protection of Others. It is our policy to protect you from having your privacy violated through abuse of the legal system, whether by individuals, entities or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iii) to prevent or stop activity we consider to be illegal or unethical. Information We Disclose With Your Consent or at Your Request. We will share your PII with third-party sites or platforms if you have expressly consented or requested that we do so. Information Disclosed Upon Posting of User Content. In connection with your Posting of User Content, we will share your picture, full legal name, user handle, and Twitter (or other social networking site) handle (to the extent you have provided us with this information).
The Security of Your Information
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Links to Other Sites
Modifying Your Information
You can access and modify the PII associated with your Account by logging into your Account via the Site. If you want us to delete your PII and your Account, please contact us at email@example.com with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Lightwell acknowledges that EU individuals have the right to access the personal information/data that we maintain about them in accordance with applicable privacy regulations, such as the GDPR. An EU individual who seeks access, or who seeks to correct, amend, or delete inaccurate data, should direct his query to firstname.lastname@example.org. If requested to remove data, we will respond within 7 business days and remove your data within 60 days from all of our systems.
Our Policy Toward Children
Children under 13 years old are not allowed to create an account without a parent or guardian’s permission. We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet. Personal Information for account creation may include username and email address.
If you are the parent or guardian of a child and you believe that we have inadvertently received personal information about that child, please contact us at email@example.com and we will delete the information from our records.
Terms of Service
Welcome to the LIGHTWELL (“Lightwell”) website (www.lightwell.pro) (the “Site”), a subsidiary of HULLABALU (www.hullabalu.com) and LOLLIHOP INC., which will furthermore be collectively referred to as “Lightwell.” Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Site and our software tools and services accessible via our Site. To make these Terms easier to read, the Site and our services are collectively called the “Services.”
Agreement to these Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
Changes to the Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. If you continue to use the Services, you are indicating that you agree to the modified Terms. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
ARBITRATION NOTICE: IF YOU ARE ACCESSING AND USING THE SERVICES AS AN INDIVIDUAL (NOT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY), UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “AGREEMENT TO ARBITRATE” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “AGREEMENT TO ARBITRATE” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND LIGHTWELL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that the Services are released for alpha or beta testing only, and may not be at the level of performance of a commercially available product offering. The Services may not operate correctly and may be substantially modified prior to first commercial release. ALL SERVICES PROVIDED HEREUNDER ARE IN VERY PRELIMINARY STAGES OF DEVELOPMENT AND ARE LIKELY TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF GRANTING YOU ACCESS TO OUR SERVICES IN THIS PHASE IS TO OBTAIN FEEDBACK ON THE SERVICES’ PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. WE ARE UNDER NO OBLIGATION TO CORRECT OR CURE DEFECTS THAT HAVE BEEN IDENTIFIED. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION WHEN USING AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICES. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES.
Who May Use the Services
You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law. For information about Lightwell’s collection, use or disclosure of personal information about individuals under 13 years of age, please see Our Policy Toward Children.
In order to use certain features of the Services, you must create an account (“Account”) via the Site. You have to provide us with accurate and complete information and keep it up-to-date. You’ll notify us immediately of any unauthorized use of your Account and you’re responsible for all activities that occur under your Account, whether or not you know about them.
Using the Services
The Services offer a desktop based tool for interactive and animated app creation without the use of code. Each design that you work on through the Services is called a “Project”. You can create a Project on your own, or base a Project on one of the templates made available by Lightwell through the Services.
The Services allow you to access to your Projects (which comprise User Content (defined below)) through the Services with the use of Lightwell’s Companion Previewer App, available for download in the Apple App Store.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, designs, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services, including without limitation any Designs created by an Account holder as well as modifications an Account holder makes to another user’s Designs. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
As between you and Lightwell, you own your User Content – Lightwell does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Lightwell and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Lightwell or any other users on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Rights in User Content Granted by You
By making any User Content available through our Services you hereby grant to Lightwell a limited, non-exclusive, worldwide, royalty-free, transferable license to access, view, use, copy, modify, publicly display, publicly perform and distribute your User Content in order to operate and provide the Services to you as instructed by you.
You understand and agree that you share your User Content (whether your own Designs or your modifications and improvements to another user’s Designs) through the Services at your own risk. Lightwell is not responsible for any ownership or licensing arrangements between you and other Parties regarding User Content.
Rights in Content Granted by Lightwell
Subject to your compliance with these Terms, Lightwell grants you, if you are a non-Account holder user of the Services, a limited, non-exclusive, non-transferable license to view any Content to which you are permitted access solely for your personal and non-commercial purposes.
Subject to your compliance with these Terms, Lightwell grants you, if you are an Account holder, a limited, non-exclusive, worldwide, non-transferable, non-sublicenseable license to access and view the Content (excluding any User Content) solely in connection with your permitted use of the Services.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) by emailing us at firstname.lastname@example.org. As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback.
You agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Services, or any individual element within the Services, Lightwell’s name, any Lightwell trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Lightwell’s express written consent;
Access, tamper with, or use non-public areas of the Services, Lightwell’s computer systems, or the technical delivery systems of Lightwell’s providers;
Attempt to probe, scan or test the vulnerability of any Lightwell system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Lightwell or any of Lightwell’s providers or any other third party (including another user) to protect the Services or Content;
Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Lightwell or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Lightwell trademark, logo URL or product name without Lightwell’s express written consent;
Use the Services or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer or in any way attempt to derive the source code of any of the software used to provide the Services or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable, in violation of these Terms or the law. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Lightwell respects copyright law and expects its users to do the same. It is Lightwell’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe the rights of copyright holders.
Links to and Integration with Third Party Websites or Resources
The Services may contain links to third-party websites or resources and may offer integration with such third-party websites or services (For example, we may offer integration with certain Adobe or Apple services). We provide these links and integration functions only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of or integration with any third-party websites or resources.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content. Indemnity
You will indemnify and hold harmless Lightwell and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.
Limitation of Liability
NEITHER LIGHTWELL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LIGHTWELL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL LIGHTWELL’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY DISPUTE IN RELATION TO INTELLECTUAL PROPERTY RIGHTS IN A DESIGN OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO LIGHTWELL FOR USE OF THE SERVICES OR CONTENT, OR IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, ONE HUNDRED UNITED STATES DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LIGHTWELL AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
Agreement to Arbitrate
You agree that any claim or controversy arising out of or relating to the use of the Services of Lightwell, or to any acts or omissions for which You may contend Lightwell or its employees, agents, affiliates, officers or directors are liable, including but not limited to any claim or controversy (“Dispute”), shall be finally and exclusively settled by arbitration in New York, NY, and that said arbitration shall be governed by New York law. Such arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a state or federal court located in New York, NY, and You agree to submit to the jurisdiction of such court for that purpose. You and Lightwell agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of those permitted under this Agreement and in no event more than actual compensatory damages. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration between You and Lightwell under this Section with arbitration of disputes or claims of any other party, regardless of the nature of the issues or disputes involved.YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND LIGHTWELL WILL BE RESOLVED BY BINDING ARBITRATION IN NEW YORK, NY. THUS, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS AND TO SERVE AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY IN CONNECTION WITH A DISPUTE. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND LIGHTWELL RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE TO SUBMIT EXCLUSIVELY TO THE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NY, FOR THAT PURPOSE.You also acknowledge and understand that, with respect to any Dispute, in the event Lightwell incurs attorney fees or expenses in connection with the collection of sums owed to Lightwell by You under this Agreement, Lightwell shall be entitled to recovery of those fees and expenses from You.
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Lightwell changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Lightwell’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Lightwell in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Dispute Resolution for Companies
If you are accessing and using the Services on behalf of a company or other legal entity, any claim, cause of action or dispute between the company or other legal entity and Lightwell arising out of or relating to these Terms or the Services and Content will be resolved exclusively in the U.S. District Court for the Southern District of New York or a state court located in New York County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.
These Terms constitute the entire and exclusive understanding and agreement between Lightwell and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Lightwell and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Lightwell’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Lightwell may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Lightwell under these Terms, including those regarding modifications to these Terms, will be given by Lightwell via e-mail. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Lightwell’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services please contact Lightwell at: firstname.lastname@example.org.