Welcome to Lowlight! These Terms of Service ("Terms") govern your access to and use of the Lowlight website, mobile application, and any related services (collectively, the "Service") provided by Lowlight Inc. ("Lowlight," "we," "us," or "our").
By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service. We may update these Terms from time to time, and your continued use of the Service constitutes acceptance of any changes.
These Terms incorporate by reference our Community Guidelines, Privacy Policy, and Children's Privacy Policy.
1. Acceptance of Terms
By creating an account, accessing, or using the Service, you represent and warrant that:
- You have read, understood, and agree to be bound by these Terms
- You have the legal capacity to enter into these Terms
- If you are accepting on behalf of an organization, you have authority to bind that organization
- Your use of the Service complies with all applicable laws and regulations
2. Eligibility
Age Requirements
- General Users: You must be at least 13 years old to use the Service.
- Parental Consent: If you are under 18 (or the age of majority in your jurisdiction), you may only use the Service with the consent of your parent or legal guardian.
Restricted Access
You may not use the Service if:
- You have been previously banned or suspended from the Service
- You are prohibited from accessing the Service under applicable laws
- You are located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country
3. Your Account
Account Creation
To access certain features, you must create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Choose a username that doesn't violate these Terms or our Community Guidelines
- Not impersonate any person or entity or misrepresent your affiliation
Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Immediately notifying us of any unauthorized use or security breach
We will not be liable for any loss or damage arising from your failure to comply with these security obligations.
4. License to Use Service
License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Service for your personal, non-commercial use
- Download and use our mobile application on devices you own or control
License Restrictions
You may not:
- Copy, modify, distribute, sell, or lease any part of the Service
- Reverse engineer or attempt to extract source code
- Use the Service for any illegal or unauthorized purpose
- Create multiple accounts to evade restrictions or bans
- Use automated systems or software to extract data from the Service
- Interfere with or disrupt the Service or servers
- Remove, obscure, or alter any proprietary rights notices
5. User Content
Your Content
You may create, upload, post, send, receive, and store content, including but not limited to videos, comments, messages, and other materials ("User Content"). You retain ownership of your User Content, but you grant us certain rights as described below.
License to Lowlight
By providing User Content to the Service, you grant Lowlight a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:
- Use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service
- Promote the Service or your User Content on Lowlight or third-party platforms
- Use your username, profile picture, and other account information in connection with your User Content
This license continues even if you stop using the Service, except for User Content you delete.
Content Representations
You represent and warrant that:
- You own or have the necessary rights to your User Content
- Your User Content does not infringe any third-party rights
- Your User Content complies with these Terms and our Community Guidelines
- You have consent from anyone appearing in your User Content
Content Monitoring
We have the right (but not the obligation) to review, screen, remove, modify, or delete User Content at any time and for any reason. We may use automated systems, human review, or a combination of both to monitor User Content.
6. Prohibited Conduct
You agree not to:
- Violate Laws: Use the Service for any illegal purpose or in violation of any laws
- Harm Minors: Exploit, harm, or attempt to exploit or harm minors in any way
- Harassment: Harass, abuse, threaten, or incite violence against any individual or group
- Hate Speech: Post content that promotes discrimination, bigotry, racism, hatred, harassment, or harm
- Impersonation: Impersonate or misrepresent your affiliation with any person or entity
- Privacy Violations: Violate the privacy of others or post personal information without consent
- Intellectual Property: Infringe upon the intellectual property rights of others
- Spam: Send spam, chain letters, or other unsolicited communications
- Malware: Upload viruses, malware, or other malicious code
- System Interference: Interfere with or circumvent any security features of the Service
- False Information: Provide false or misleading information
- Commercial Use: Use the Service for commercial purposes without our written consent
- Manipulation: Artificially inflate or alter metrics, including views, likes, or comments
7. Purchases and Virtual Items
In-App Purchases
The Service may offer virtual items, currency, or premium features for purchase ("Virtual Items"). By purchasing Virtual Items, you agree that:
- All sales are final and non-refundable, except as required by law
- Virtual Items have no monetary value and cannot be exchanged for cash
- Virtual Items are licensed, not sold, to you
- We may modify or discontinue Virtual Items at any time
- Price and availability of Virtual Items are subject to change
Payment Processing
Payments are processed through third-party payment providers. By making a purchase, you agree to the payment provider's terms and conditions. You are responsible for all charges incurred under your account.
8. Copyright and DMCA
Copyright Policy
We respect intellectual property rights and expect users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA).
DMCA Notice
If you believe your copyrighted work has been infringed, please send a notice to us at [email protected] with:
- Identification of the copyrighted work
- Identification of the infringing material
- Your contact information
- A statement of good faith belief
- A statement of accuracy under penalty of perjury
- Your physical or electronic signature
Repeat Infringers
We will terminate accounts of users who are repeat infringers in appropriate circumstances.
9. Third-Party Services
The Service may contain links to third-party websites, applications, or services. We are not responsible for:
- The content, accuracy, or practices of third-party services
- Any harm resulting from your use of third-party services
- The privacy practices of third-party services
Your use of third-party services is governed by their terms and policies.
10. Disclaimers
As-Is Service
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
No Warranty
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- Any defects or errors will be corrected
- The Service is free of viruses or harmful components
- The results of using the Service will meet your requirements
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOWLIGHT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- Your use or inability to use the Service
- Any unauthorized access to your account or data
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your content
IN NO EVENT SHALL LOWLIGHT'S AGGREGATE LIABILITY EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID LOWLIGHT IN THE PAST SIX MONTHS.
12. Indemnification
You agree to indemnify, defend, and hold harmless Lowlight and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of any applicable laws
13. Termination
By Lowlight
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.
By You
You may terminate your account at any time by contacting us at [email protected].
Effect of Termination
Upon termination:
- Your right to use the Service will immediately cease
- We may delete your account and User Content
- All provisions of these Terms that should survive will continue to apply
14. Dispute Resolution
Informal Resolution
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email.
Binding Arbitration
If we cannot resolve the dispute informally, any dispute arising from these Terms or the Service will be resolved through binding arbitration, except that either party may seek equitable relief in court for infringement of intellectual property rights.
Class Action Waiver
YOU AND LOWLIGHT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.
15. General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Lowlight.
Modifications
We may revise these Terms from time to time. The most current version will always be on this page. If we make material changes, we will notify you by email or through the Service. By continuing to use the Service after changes become effective, you agree to be bound by the revised Terms.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in effect.
Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Contact Information
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Legal Inquiries: [email protected]
GGs,
The Lowlight Team