ACCEPTANCE OF TERMS
(a) The enlisted blogger understands and agrees that payment terms are specific to each campaign.
(b) The enlisted blogger agrees that he/she is not an employee of Luminary Digital. The enlisted blogger’s use of the Services is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between the enlisted blogger and Luminary Digital other than that of an independent contractor. The enlisted blogger shall not be covered by, entitled to participate in, nor receive any of the benefits of any retirement, pension, profit sharing, stock option, bonus, health, hospitalization, vacation, insurance, workers’ compensation, disability or similar plan, arrangement or benefit now maintained or hereafter established by Luminary Digital.
(c) Luminary Digital shall not pay or withhold any taxes on behalf of the enlisted blogger.
(d) The enlisted blogger shall perform the Services to the best of his/her ability. Due to the nature of these Services, it is crucial for Luminary Digital and Luminary Digital’s client(s) that the Services be performed completely and accurately by the enlisted blogger. By accepting an assignment, the enlisted blogger agrees to fully and satisfactorily perform the Services. If there is non-performance, unsatisfactory performance (as determined by Luminary Digital in its sole and reasonable discretion) or only partial performance of these Services, whether or not due to any fault on the part of the enlisted blogger, the enlisted blogger understands and agrees that he/she will not be paid for the Services.
(e) Any work resulting from the Services is a “Work Made for Hire” and ownership in such work shall reside with Luminary Digital and/or the client. The client shall have the right to use the Services without attribution on any campaign for which the Member has been retained.
(f) The enlisted blogger shall not have the authority to bind Luminary Digital, nor any client in any contract or obligation.
(g) If the enlisted blogger receives any confidential and/or proprietary information belonging to Luminary Digital or its client(s), the enlisted blogger shall not disclose or use any such information except to use or perform the Services.
(f) The enlisted blogger shall follow any and all other written directions provided by Luminary Digital.
INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) (collectively “Website Content”) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Website, you agree that you will access the contents solely for your personal, non-commercial use. None of the Website Content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website Content owned by Luminary Digital for personal, non-commercial home use only. Luminary Digital does not claim ownership of any materials, images, content or links (“User Material”) you post, upload or submit to any publicly accessible area of the Website. However, by doing so, you are granting Luminary Digital and/or its advertisers a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such User Material for as long as you elect to display such User Material via the Services. Notwithstanding the foregoing, if such User Material relates to paid activity on client projects, market research or beta testing or other. Services, such license grant shall be perpetual.
PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
If you believe that any Website Content infringes upon any copyright that you own or control, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 521(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Luminary Digital’s designated Copyright Agent is at firstname.lastname@example.org.
RESTRICTIONS ON USE
In using this Website, you agree not
(1) to use this Website, including its Services, if you are unable to form legally binding contracts, are under the age of 18 years, or are temporarily or indefinitely suspended from using this Website;
(2) modify, alter, copy, publish, display, transmit, distribute, adapt, translate, decompile, create derivative works or any way exploit the Website or the Website Content except that you may summarize the Website Content and the Services;
(3) to change or delete any author attributions, trademark, legend or copyright notice;
(4) to use the Website or Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
(5) post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
(6) post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
(7) threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(8) use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
(9) impersonate any person or entity, including but not limited to a person or entity affiliated with Luminary Digital, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
(10) collect or store personal information about other users of the Website or Services; or
(11) violate any applicable laws or regulations.
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and Luminary Digital makes no representations or warranties of any kind regarding the content of such third party sites. You acknowledge and agree that Luminary Digital is not responsible or liable, directly or indirectly, for any loss or damages that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any goods, services or content available in any other site. You may provide a link back to this Website and the Website Contents on other websites or through email or other legal electronic communications provided that you are positively discussing or promoting Luminary Digital, the Website, the Website Contents or the Services. Luminary Digital reserves the right, however, to require immediate termination of any such link at its sole discretion.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LUMINARY DIGITAL DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUMINARY DIGITAL DOES NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LUMINARY DIGITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR WEBSITE CONTENT IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LUMINARY DIGITAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL LUMINARY DIGITAL OR ANY OF ITS LICENSORS OR AFFILIATED PARTIES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE CONTENT OR SERVICES PROVIDED PURSUANT TO THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY LUMINARY DIGITAL OR ANY OF OUR LICENSORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID, IF ANY, BY LUMINARY DIGITAL TO YOU FOR THE SERVICES.
GOVERNING LAW AND JURISDICTION
LUMINARY DIGITAL’S COMMUNITY CODE OF ETHICS
The Luminary Digital Community (“Community”) is among the best in class in terms of social influences across the web. To that end, we expect that, in using this Website and/or the Services, our bloggers will abide by the following Code of Ethics (“Code”), which may be revised from time to time by Luminary Digital in its sole and absolute discretion:
(a) Disclosures. Bloggers agree to follow all FTC disclosure and endorsement/testimonial guidelines when posting for Luminary Digital and its client.
(b) Theft. Luminary Digital does not tolerate plagiarism or stealing of photos, videos or other content. Bloggers shall always give credit where credit is due.
(c) Following Through. Bloggers shall fully execute the responsibilities set forth in campaign instructions in a timely manner. As we are also parents, we understand that life happens. In this case, bloggers shall be fully transparent in communicating any concerns.
(d) Conflict of Interest. It is the blogger’s responsibility not to enter into a conflict of interest, meaning that a blogger shall not accept a campaign for a brand that is in direct competition with a brand the/she currently or recently worked with.
(e) Grammar and Spelling. All bloggers are their own editors and are responsible for their own grammar and spelling mistakes.
(f) Respect and Tolerance. We are an open Community. Everyone is held to a higher standard and shows respect to one another no matter race, religion, sexual orientation, etc.
(f) Blog Post Ownership. Bloggers will not subcontract work out to other bloggers. If you have contributors, they must be members of the Community.
LIMITED LICENSE AND TERMINATION