Terms of Service

Last revised: June 14, 2021

Please read these Terms of Service (“Terms”) carefully before using the website, application, and other services (“Service,” “Services”) operated by Lutionary (“us,” “we,” “our”). Lutionary reserves the right to change these rules with or without notice. By creating an account, you agree with Lutionary’s Terms and Privacy Policy. If you don’t agree with these Terms, you can’t use Lutionary’s Services. Upon creating your account, any content you post on our website, application and other services, including but not limited to comments, stories, and messages, must abide by these Terms, which you agree to upon account creation. Lutionary may edit, close, or limit access to any aspect of the Services at any time, without notice. Lutionary may disclose, access, or preserve any information deemed reasonably needed to respect any legal process, law or regulation; to protect the property, rights, and safety of users, the public, and the Services; to enforce Lutionary’s Terms of Service; to investigate alleged violations of the Terms; to address security, technical issues, fraud, and user support tickets.

Accounts

To create an account, you must be at least 13 years of age.

Accounts belong to the verified emails linked to Lutionary. You are responsible for any activity that happens on your account, and should not share your password with anyone. Lutionary is not liable for any actions taken by you, or anyone you chose to share your account with.

Content

Plagiarism is a violation of our Content Guidelines. Translating a work to another language does not make it yours. Do not submit content that is not legally yours, unless you have legal and explicit permission that includes granting Lutionary all the rights listed on this Terms of Service.

When you submit content to Lutionary, you bear full responsibility, including assuming intellectual property claims, assuming all risks related to its publication and display, including others reliance on its accuracy and claims relating to intellectual property or other legal rights.

When you publish a story on our platform, you give Lutionary a nonexclusive license to publish your content including but not limited to displaying and distributing. Before publication, you’ll have options to license your story. You must choose one of those options.

Everything you post must respect the Content Guidelines. Lutionary reserves the right to remove content that does not follow our Content Guidelines. Lutionary also reserves the right to restrict or close any account or work for any reason at any time.

Copyright claims

In accordance with the United States Digital Millennium Copyright Act (the “DMCA”), Lutionary has created a global policy for handling all copyright claims. If you would like to report an alleged copyright infringement, please visit https://www.lutionary.com/plagiarism.

Lutionary reserves the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you or anyone else.

In the event that Lutionary is illegally scraped, you give Lutionary the right to act as your agent to work toward removing the illegal website by submitting DMCA notices or any similar legislation.

Respect Lutionary and its users

To protect Lutionary and it’s users, we ask that you respect everyone’s property, safety, and rights. Along with The Content Guidelines, the following is prohibited:

• Breaking the Law
• Scraping Lutionary’s content
• Disrupting the operations of Lutionary or its Users: Don’t distribute anything intended to interfere with the proper function of any software, hardware, or equipment on the Site
• Plagiarism: Don’t reproduce, translate, distribute and/or create derivative works of any content unless you get explicit consent from the author of that content that includes granting Lutionary all the rights listed on this Terms of Service
• Reverse engineering lutionary in an effort to access things like source code, ideas, or algorithms
• Selling access to the Site or Services in any way
• Accessing accounts or confidential information such as passwords
• Spam: Don’t promote or distribute content or services not related to the publishing industry, and don’t sent repetitive, unsolicited messages

Your information

You may close your account via account settings. After 6 months, the deleted account will not be recoverable. During 6 months, all of your comments will remain except that they will be anonymized. All of your content, including your comments, will be recovered if you sign back in during those 6 months.

Lutionary may advertise by using your Content to promote its Services. We will never sell your content or information to third parties.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time and for any reason at our sole discretion, including but not limited to violations to the Terms of Service. We will make reasonable efforts to notify you by the email address associated with your account.

Disclaimers, Limitations of Liability and Indemnification

Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

No warranty. Your use of our Services and any content is solely at your own risk and discretion. They are provided to you “as is” and “as available”. That means they don’t come with any warranty of any kind, express or implied. Lutionary specifically disclaims any implied warranty of merchantability, merchantable quality, fitness for a particular purpose, availability, security, title or non-infringement, and any warranties implied by any course of dealing or performance.

Release. When you use the Services, you release Lutionary from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to (a) disputes between users, or between users and any third party relating to the use of the Services and (b) the Services.

Responsibility for Content. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the Services and we cannot take responsibility for such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive.

Lutionary’s liability to you. Lutionary won’t be liable to you for any damages that arise from your use of, or in connection with, the Services and any content. This exclusion includes: (a) where the Services are hacked or unavailable, (b) all types of damages (direct, indirect, punitive, incidental, consequential, special or exemplary), whatever the type of claim or loss (breach of contract, tort (including negligence), breach of warranty, or any other claim or loss), (c) any lost profits, data or revenues, or (d) any conduct or content of other users or third parties on the Site or the Services. In no event shall Lutionary’s liability for damages be in excess of (in the aggregate) one hundred USD dollars ($100.00).

Your liability to Lutionary. If you do something that gets us sued, or break any of the promises you make in these Terms of Service, you shall compensate us for any liabilities, losses, claims, and expenses (including reasonable legal fees and costs) that arise from or relate to your use or misuse of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

Third party websites. The Site and Services may contain links to other websites; for instance, stories, user profiles, and other posts may link to other sites. When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.

• Some of Lutionary’s features use YouTube's API (specifically using Youtube’s API to search for Youtube videos to embed in your story). By using these features, you agree to abide by YouTube's Terms of Service (https://www.youtube.com/t/terms).

General Terms

Changes. Our Terms of Service may change from time to time. If they do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email. Please note that your continued use of the Services after any change means that you agree with, and consent to be bound by, the new Terms of Service. If you disagree with any changes in the Terms of Service and do not wish to be subject to the revised terms, you will need to close your account and/or stop using the Services.

Entire agreement. These Terms of Service (including any document incorporated by reference into them) are the whole agreement between Lutionary and you concerning the Services, and these Terms of Service supersede and replace any prior agreements between Lutionary and you regarding the Services.

No waiver and severability. If Lutionary doesn’t exercise or enforce a particular right or provision under these Terms of Service, that doesn’t mean we’ve waived that right or provision. If any provision of these Terms of Service is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.

Choice of law and jurisdiction. We at Lutionary encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada that apply in Ontario, without regard to principles of conflicts of laws. You agree that any dispute or claim arising out of or in connection with these Terms of Service will take place in the courts of the Province of Ontario.

Assignment. These Terms of Service are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Lutionary’s prior written consent. Lutionary has the right to assign, transfer, or delegate any of its rights and obligations under these Terms of Service without notice and without your consent.

How to contact us

General inquiries: hello@lutionary.com

Press: press@lutionary.com