Terms of Service

TERMS OF SERVICE

Last modified on 4/6/2018

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT. This Terms Of Service contract governs your access and use of the services operated by LAMA, LLC (with its affiliates, “LAMA”) consisting of the Rhythm Horizon software, the website available at www.rhythmhorizon.com, including forums, store, and any related websites, services, or software (collectively the “Service”) provided by LAMA. By using the Service you agree to be bound by these terms.

 

Who May Use the Service

You may use the Service only if you (1) agree to be bound to these Terms of Service; (2) are not a person barred from receiving the Service under the laws of the applicable jurisdiction; (3) are at least 13 years old; (4) have not previously been removed from the Service by LAMA. If you are between the ages of 13 and 18 (or between 13 and the age of legal majority in your country of residence) you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.

 

Privacy Policy

Please see our Privacy Policy for information relating to how we handle the information you provide to us when you use the Service. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

 

Account

In order to open an account, you will be asked to provide us with certain information such as an account name and password. You are solely responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your account or password. Please make sure the information you provide to LAMA upon registration and at all other times is true, accurate, current, and complete to the best of your knowledge. You may not sell, rent, lease, share or provide access to your account to anyone else. If you have any reason to believe that your account is no longer secure, immediately notify LAMA at lara@welovelama.com.

 

User Generated Content

You may create, edit, manipulate, submit, post, display, transmit content, data, or other material using the Service (collectively “User Content”). You are responsible for your use of the Service and for any User Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide User Content that you are comfortable sharing with others. You agree to allow LAMA to use, manipulate, or edit any User Content that is created by you when utilizing features that have been made available or otherwise provided by the Service. LAMA reserves the right to move, edit, or delete any User Content that it may determine, in its sole discretion, violates these Terms of Service or for any other reason without notice to you at any time. Any User Content you transmit or post using the Service will be treated as non-confidential and non-proprietary.

Unless otherwise agreed to in a written agreement between you and LAMA that was signed by an authorized representative of LAMA, if you submit, transmit, display, perform, post or store User Content using the Service, you grant LAMA an unrestricted, worldwide, perpetual, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (including without limitation for promoting and redistributing part or all of the Service) in any form, format, media or media channels now known or later developed or discovered.

Any use or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All User Content is the sole responsibility of the person who originated such User Content. LAMA may not monitor or control the User Content posted via the Service and, LAMA cannot take responsibility for such User Content.

 

Copyright Infringement

Unless otherwise indicated, all content, information, and other materials on the Service including, without limitation, LAMA’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials contained on the Service are the property of LAMA or its subsidiaries or affiliated companies and/or third-party licensors. You shall not assert any right, license, or interest in the Materials or any words or designs that are confusingly similar to the Materials. All rights not expressly granted herein are reserved. If you provide feedback, ideas or suggestions to LAMA in connection with the Service, you authorize LAMA to use that feedback without restriction and without payment or credit to you.

 

Digital Millennium Copyright Act Notice

If you believe that content available by means of the Service infringes one or more of your copyrights, please notify us by providing a written notice (“Infringement Notice”) to lara@welovelama.com. Your Infringement Notice may be forwarded to the party that made the content available or to third parties.

 

Limited License

Unless otherwise expressly stated in writing by LAMA, by agreeing to these Terms of Service you are granted a personal and limited license to access and use the Service for your personal use.

LAMA reserves all rights not expressly granted in these Terms of Service. This license is subject to these Terms of Service and does not permit you to engage in any of the following: (a) decompiling, "reverse-engineering", disassembling, or otherwise attempting to derive the source code for the Service; (b) alteration of any files or libraries in any portion of the Service; (c) use of the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (d) resale or commercial use of the Service or the Materials; (e) distribution, public performance or public display of any Materials; (f) modifying or otherwise making any derivative uses of the Service or the Materials, or any portion of them; (g) use of any data mining, robots or similar data gathering or extraction methods; (h) downloading (except page caching) of any portion of the Service, the Materials, or any information contained in them, except as expressly permitted on the Service; or (i) use of the Service to create a product, service, software, or content that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by LAMA.

Any use of the Service or the Materials except as specifically authorized in these Terms of Service, without the prior written permission of LAMA, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Service, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication or other legal principles. LAMA can terminate this license at any time, without notice.

 

Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Service.

You agree that you will comply with these Terms of Service and will not:

i. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

ii. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;

iii. make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the Service, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;

iv. harvest or collect the email addresses or other contact information of other users from the Service;

v. defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent;

vi. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessible through the Service, features that enforce limitations on the use of the Service or User Content, or delete the copyright or other proprietary rights notices on the Service or User Content;

vii. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;

viii. modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

ix. interfere with or damage operation of the Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

x. relay email from a third party’s mail servers without the permission of that third party;

xi. access any website, server, software application, or other computer resource owned, used and/or licensed by LAMA, including but not limited to the Service, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures LAMA may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed LAMA, including but not limited to the Service;

xii. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;

xiii. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;

xiv. use or attempt to use another user’s account without authorization from that user and LAMA;

xv. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Service that you are not authorized to access;

xvi. attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose; and

xvii. use the Service for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.

LAMA takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is LAMA liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter when using the Service. Your use of the Service is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

LAMA is not liable for any statements or representations included in User Content. LAMA does not endorse any User Content, opinion, recommendation, or advice expressed therein, and LAMA expressly disclaims any and all liability in connection with User Content. Although LAMA has no obligation to screen, edit, or monitor any of the User Content, LAMA reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service at your sole cost and expense. Any use of the Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Service.

 

Termination

LAMA reserves the right, without notice and in our sole discretion, to terminate your license to use the Service (including to post User Content), and to block or prevent your future access to and use of the Service. This includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any term of these Terms of Service, (iii) any policy or practice of LAMA in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate your account and to discontinue use of any and all parts of the Service.


Disclaimer of Warranties

The Service is provided on an “AS IS” and “AS AVAILABLE” basis. LAMA disclaims any and all other warranties, whether express, implied, or statutory including without limitation any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, title, or non-infringement of third-party rights, to the fullest extent authorized by law. LAMA makes no warranty that the Service will meet your requirements or operate under your specific conditions of use. LAMA makes no warranty that operation of the Service will be secure, error free, or free from interruption. Your ability to use the Service is subject to your system compatibility with the Service as such requirements may change from time to time. Compatibility of system requirements with the Service is your responsibility. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SERVICE TO MEET YOUR REQUIREMENTS.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LAMA, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND RESULTING FROM THESE TERMS OF SERVICE, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SERVICE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF LAMA OR ANY OTHER PARTY, EVEN IF LAMA IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. LAMA WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS LAMA’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

 

Modification of these Terms of Service

LAMA reserves the right to change these Terms of Service at any time at our discretion. We will give you notice of the changes by posting an updated version of these Terms of Service online, updating the “Last Update” date above, or by emailing you at an email address you have provided. Changes to these Terms of Service will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of the Service after changes to these Terms of Service take effect will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Service.

 

Miscellaneous

a. Waiver

If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.

 

b. Severability.

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

b. Assignment.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by LAMA without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.

 

d. Survival.

Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

 

e. Claims.

If you are a consumer resident in the European Union and you disagree with the Terms of Service, we encourage you contact us as soon as possible after you start using the Service at lara@welovelama.com since otherwise they will be binding on you after a reasonable time period (usually 30 days unless there are exceptional circumstances).

The following section only applies to you if you are resident in the USA or elsewhere in the world (but does not apply if you are a consumer resident in the European Union):

YOU AND LAMA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.