Alau.me Terms Of Service
Effective and Last Updated: February 15, 2012
Please read these Terms of Service fully and carefully before using http://alau.me (the "Site") and the services, features, content or applications offered by Lumen Spark LLC on this site ("we", "us", "Alau.me") (collectively with the Site, the "Services"). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
1. Acceptance of Terms
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site and using the Services to track application referrals and installs, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by Lumen Spark with or without any prior notice to you.
2. General Conditions
Lumen Spark may change, suspend or discontinue the Services (or your access to the Services) at any time, including the availability of any feature, without notice or liability. Lumen Spark reserves the right, at its discretion, to refuse to allow access to the Services to any User at any time. Lumen Spark also reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending you a notice via email. Your use of the Services following such notification constitutes your acceptance of the modified terms and conditions. If you are an individual (i.e. not a corporation), you certify that you are at least 18 years old. You certify to us that you are legally permitted to use the Services and access the Site, and you take full responsibility for the selection and use of the Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
3. Registration and Security
As a condition to using the Services, you may be required to register with Lumen Spark and select a username and password and enter your email address. You shall provide Lumen Spark with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization. Lumen Spark reserves the right to refuse registration of, or cancel an account in its discretion. You shall be responsible for maintaining the confidentiality of your account password. You must notify us immediately of any breach of security or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.
4. Alau.me Services
Alau.me lets you to create short referral links pointing to your app on the App Store or a custom promotion page, and track app installs on devices on which the referral link was opened prior to downloading and launching the app. In order for tracking to be enabled, you must integrate Alau.me Client API with your application. Once integrated, tracking is made possible by correlating IP addresses of devices on which a given referral link was opened, with IP addresses of devices on which your app was downloaded and launched for the first time, within a reasonable time span. Referral tracking is as accurate as this mechanism allows, but you should not consider it as absolute. It is possible that some referrals will not be registered or that some app installs will be incorrectly registered as referrals even though they are not.
5. Security Disclaimer
Alau.me uses a number of client and server protection mechanisms and heuristics to make sure a malicious user does not spoof referrals, however this problem cannot be eliminated. If you suspect fraudulent activity, you must notify us immediately to revoke your API Key.
You warrant and agree that you will not make available through the Services, or use the Services in connection with, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. You shall not, and shall not authorize or encourage any third party to generate fraudulent referrals or fraudulent clicks on any referral links, including but not limited to, through repeated manual clicks, the use of robots or other automated tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software. We reserve the right to remove any Content from the Site at any time, or to terminate your access to use the Services or access the Site, for any reason.
All materials displayed or performed on or accessible through the Site or Services (including, but not limited to text, graphics, articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. The term "Content" as used herein specifically includes any advertising or other content made available or submitted by you on our Site. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed in connection with the Services. You acknowledge and agree that if you use any of the Services to contribute or make Content available, Lumen Spark is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so in connection with the Services and the Site.
8. Rules of Conduct
You promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
You shall not: (i) take any action that imposes or may impose (as determined by Lumen Spark in its sole discretion) an unreasonable or disproportionately large load on Alau.me's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Lumen Spark may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of Lumen Spark's guidelines and policies.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (ii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations. Lumen Spark reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of Lumen Spark, its users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.
9. Service Fees
Some of the Services require payment of fees. Lumen Spark reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the Site. You shall pre-pay all applicable fees, as described on the Site, in connection with your selected Services.
10. Account Termination
Either party may terminate the Services at any time by notifying the other party by any means. Lumen Spark may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if we believe that you've breached any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable and non-cancelable. Upon termination of your account, your license to use the Services will immediately cease and you will remove all Lumen Spark's code from your Mobile Properties. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
11. Warranty Disclaimer
You acknowledge and agree that Lumen Spark has no special relationship with or fiduciary duty to you and that Lumen Spark has no control over, and no duty to take any action regarding: which users gains access to the Site or Services; what Content you or your users/customers access or receive via the Site or Services; what Content other Users may make available, publish or promote in connection with the Services; what effects any Content may have on you or your users or customers; how you or your users or customers may interpret, view or use the Content; what actions you or your users or customers may take as a result of having been exposed to the Content, or whether Content is being displayed properly in connection with the Services.
You release Lumen Spark from all liability in any way relating to User's acquisition (or failure to acquire), provision, use or other activity with respect to Content in connection with the Site or Services. The Site may contain, or direct users to sites containing, information that some people may find offensive or inappropriate. Lumen Spark makes no representations concerning any Content contained in or accessed through the Site or Services, and Lumen Spark will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or Services.
We provide the Services on 'as-is', 'with all faults' and 'as available' basis. We give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement. Lumen Spark does not warrant the results of use of the services, including, without limitation, the results of any promotional campaign, and you assume all risk and responsibility with respect thereto.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): Lumen Spark makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Services or any website linked to the Services. Lumen Spark will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Lumen Spark's equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
12. Limitation of Liability
In no event shall Lumen Spark be liable with respect to the Site or the Services for any indirect, incidental, punitive, or consequential damages of any kind whatsoever. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
You will indemnify and hold Lumen Spark, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your or your users/customers access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Lumen Spark shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Lumen Spark's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. You cannot assign, transfer or sublicense this Agreement except with Lumen Spark's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. In the event of a conflict between this Agreement and any document incorporated herein by reference, this Agreement shall govern. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Lumen Spark in any respect whatsoever.
15. Notices We Send You and Consent Regarding Electronic Information.
This contract is in electronic form. We may send you information in connection with the Services and additional information the law requires us to send you. If you do not consent to receive any notices electronically, you must stop using the Services.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the State of Washington or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
17. Contact Lumen Spark
You may contact us: by mail at 1700 7th Ave, Suite 116 #380, Seattle, WA 98101; or by e-mail at firstname.lastname@example.org.