Terms and Conditions
Powered by Luminary Labs LLC
The purpose of this website, www.LuminaryLightbox.com, and other affiliated websites (collectively referred to as the “Site”) is to allow people and organizations to participate in open innovation, which may include open innovation prize competitions (“Challenge, Challenges”) with discrete Rules, Terms, and Conditions (the “Service”). The Site is owned and operated by Luminary Labs LLC (“Luminary Labs”). Please read the terms and conditions below. They are important and govern your use of our Site.
1. SUMMARY OF SERVICE AND DEFINITIONS
Luminary Lightbox is a platform that enables organizations (“Sponsoring Organizations”) to manage open innovation programs. Other users (“Innovators”) can submit solutions (“Submissions”) that meet the requirements of the Sponsoring Organizations. Below are some definitions of terms used throughout these Terms of Service (the “Agreement”).
“Content” means various content including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, other material and information, and associated trademarks and copyrightable works, that the Service makes accessible through the Site, email, and other media.
“Users” means Innovators, Sponsoring Organizations, and other visitors to the Site and users of the Service.
“Submission” means a solution entered as a submission to a Challenge by an Innovator.
“Challenge Content” means content posted as a Challenge and includes the description and request for submissions, terms and conditions, copyrighted material, trademarks, trade-names, logos, designs, promotional materials, drawings, illustrations, slogans and representations.
“Challenge Website” means the specific Challenge website where you enter a Submission.
“Official Rules” means the Challenge-specific terms and conditions posted on the Challenge Website.
“Submission Period” means the period during which Innovators may submit Submissions, as specified in the applicable Challenge Website or Official Rules.
“Intellectual Property Rights” means copyrights, trademarks, trade secrets, patents, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans, representations, and any and all other proprietary rights.
2. ACCEPTANCE OF AGREEMENT
We may revise this Agreement at any time by posting an update to the Site. Your continued use of our Site after a posted change of this Agreement means that you agree to be bound by the changes, so please check the Agreement regularly for any changes.
You affirm that you are at least the age of majority where you reside, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You also affirm that you are able to abide by and comply with this Agreement.
Our Site is not intended for children under thirteen. You affirm that you are over the age of thirteen. If you are under thirteen years of age, then please do not use the Site. Luminary Labs does not knowingly accept registrations from users under the age of thirteen, minors can still enter and win Challenges by having their parents or guardians register for Luminary Lightbox on their behalf, pending language in the Rules, Terms & Conditions of the Challenge stating otherwise.)
3. USERNAME AND PASSWORD
To access certain restricted sections of our Site you will be required to sign up for a Luminary Lightbox account. You agree that the confidentiality of your username and password are your responsibility. You agree to accept responsibility for all activities that occur under your username and password and to notify us immediately if you believe there has been any unauthorized use of your account or other breach of security.
We reserve the right to suspend or terminate User accounts, and to reclaim or re-assign usernames without any liability to you. Usernames are displayed publicly on the Site. You agree not to create a username that is obscene or offensive to others, or impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity. We reserve the right to reclaim usernames associated with accounts that are inactive for more than six months. We may also reclaim usernames on behalf of organizations or individuals, if they hold legal claim or trademark on those usernames.
4. CODE OF CONDUCT
All Users agree NOT to use the Site in a manner that, or to make available content (including any Submission or Challenge Content) that:
- is harmful, threatening, abusive, harassing, defamatory, derogatory, libelous, invasive of another’s privacy, harmful to minors in any way, or hateful toward an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
- depicts hatred, is in bad taste, incites violence or is likely to incite violence, contains vulgar or obscene language or excessive violence, contains pornography, obscenity or sexual activity;
- violates any law or regulation, including federal, state, or local laws;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or violates any contractual or fiduciary obligation;
- substantially duplicates a Submission previously entered on the Site or in the same Challenge (by you or another Innovator);
- impersonates any person or entity, including, but not limited to a Luminary Labs employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
- contains malware such as software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- discloses personal information about another person such as their email address, telephone number, address (street or box number), or social security number;
- disrupts the normal flow of dialogue with an excessive amount of content to the Site, or otherwise negatively affects other users’ ability to use the Site;
- employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site;
- disparages another person, Sponsoring Organization, or Luminary Labs; or
- contains any other content, which in the sole judgment of Luminary Labs or a Sponsoring Organization, is inappropriate.
5. PARTICIPATION IN A CHALLENGE
Participation in a Challenge on our Site, including entering Submissions, is governed by this Agreement and the Official Rules posted on the Challenge Website. Official Rules are the responsibility of the Sponsoring Organization. If there is any inconsistency between the terms of this Agreement and the Official Rules of a Challenge, the Official Rules will prevail, but for that Challenge only.
A. Challenge Registration & Submission
You must first create a Luminary Lightbox account and register on the Challenge Website to be able to enter a Challenge. You need to follow all instructions stated on the Site in order to register. Once registered, you will be prompted to enter further information specific to the Challenge and to create a Submission.
(i) Challenge Submission Drafts & Modifications
Prior to the end of a Submission Period, you may save draft versions of your Submission on the Site before submitting it for evaluation. Once the Submission Period has ended, you may not make any changes or alterations to your Submission.
(ii) Team Lead & Primary Contact
If a team or organization is entering a Challenge, they must appoint and authorize one individual (the “Team Lead & Primary Contact”) to represent, act, and enter a Submission, on their behalf. The Team Lead & Primary Contact must meet the eligibility requirements for the Challenge specified in the Official Rules.
By entering a Submission on the Site on behalf of a team or organization, you represent and warrant that you are the Team Lead & Primary Contact authorized to act on behalf of your team or organization.
If there is a dispute over the identity of an Innovator in a Challenge on the Site, the email address used to enter the Challenge and the person or entity assigned to that email address will be used to determine the Innovator. The Sponsoring Organization and Luminary Labs are not responsible for resolving any dispute between individuals or entities over the identity of the Innovator. In the event of such a dispute who may disqualify the disputed Submission and/or suspend or withdraw a prize.
(iii) Responsibility for Challenge Submissions
You are solely responsible for confirming that your Submission is complete and for making and storing copies or drafts of it. The Sponsoring Organization is not responsible for confirming the accuracy or completeness of a Submission as received. The Sponsoring Organization and Luminary Labs are not responsible for incomplete, late, misdirected, damaged, lost, illegible, or incomprehensible Submissions or for address or email address changes of the Innovators or Team Lead & Primary Contact. Proof of sending or submitting will not be deemed to be proof of receipt by a Sponsoring Organization or Luminary Labs.
If Luminary Labs and/or a Sponsoring Organization determines that your Submission has not been received, or has been erroneously deleted, lost, destroyed or corrupted, you may request the opportunity to resubmit your Submission. However, you must make such a request promptly after you know or should have known there was a problem. Your request will be handled at the sole discretion of the Sponsoring Organization and/or Luminary Labs.
B. Determining Eligibility & Display of Submissions
The Sponsoring Organization has the right to require additional information. They also have the right to access any software application that is part of your Submission, in person or via any other reasonable manner, to verify that the software application functions and operates as described in other parts of your Submission, or to verify your role in creating the software. Failure by an Innovator to respond or provide the additional information or access may result in disqualification of the Submission by the Sponsoring Organization.
Submissions may be posted on the Challenge Website or elsewhere on the Site before or after being screened or tested by the Sponsoring Organization for compliance with the Official Rules. Posting of a Submission to the Site or Challenge Website does not mean that the Submission is eligible. A Submission may be disqualified after it has been publicly displayed.
C. Entry Conditions
By entering a Challenge on the Challenge Website, you (and, if you are entering on behalf of a team or organization, each participating members) agree(s) to the following:
(i) The relationship between you, the Innovator, and the Sponsoring Organization and Luminary Labs, is not a confidential, fiduciary, or other special relationship.
(ii) You will be bound by and comply with this Agreement and the Official Rules and the decisions of the Sponsoring Organization, Luminary Labs, and/or the Challenge judges which are binding and final in all matters relating to the Challenge.
By participating in a Challenge on the Site you consent to the use of personal information about you by the Sponsoring Organization, Luminary Labs, and third parties acting on their behalf. Such personal information includes, but is not limited to, your name, likeness, photograph, voice, opinions, comments and hometown and country of residence. It may be used in any existing or newly created media, worldwide without further payment or consideration or right of review, unless prohibited by law. Authorized use includes advertising and promotional purposes. The duration of your consent is for a period of three years following the conclusion of the Challenge. This consent applies, as applicable, to all members a Innovator’s team or organization which participated in the winning Submission.
E. General Conditions applicable to Challenges
Sponsoring Organizations and Luminary Labs reserve the right, in their sole discretion, to cancel, suspend and/or modify a Challenge, or any part of it, in the event of a technical failure, fraud, or any other factor or event that was not anticipated or is not within their control.
Sponsoring Organizations and Luminary Labs reserve the right in their sole discretion to disqualify any individual or Innovator they find to be:
- actually, or presenting the appearance of, tampering with the entry process or the operation of a Challenge;
- acting in violation of this Agreement or the Official Rules, or in a manner that is inappropriate, unsportsmanlike, and/or not in the best interests of the Challenge; or
- violating any applicable law or regulation.
Any attempt by any person to undermine the proper conduct of a Challenge may be a violation of criminal and civil law. If a Sponsoring Organization or Luminary Labs suspects that such an attempt has been made or is threatened, they may take appropriate action, including but not limited to requiring an Innovator to cooperate with an investigation and referral to criminal and civil law enforcement authorities.
If there is any discrepancy or inconsistency between the terms and conditions of the Official Rules and disclosures or other statements contained in any Challenge materials, including the Submission form, Challenge Website, advertising (including television, print, radio or online ads), the terms and conditions of the Official Rules shall prevail.
The Official Rules may change at any time, including the rights or obligations of the Innovator and the Sponsoring Organization. The Sponsoring Organization will post the terms and conditions of the amended Official Rules on the Challenge Website.
To the fullest extent permitted by law, any amendment will become effective at the time specified in the posting of the amended Official Rules or, if no time is specified, the time of posting.
If at any time prior to a Challenge deadline, an Innovator or prospective Innovator believes that any OOfficial Rules is or may be unclear or ambiguous, they must submit a written request for clarification to Luminary Labs.
A Sponsoring Organization and/or Luminary Labs’ failure to enforce any term of this Agreement or the Official Rules shall not constitute a waiver of that provision. If any provision of any Official Rules is or becomes illegal or unenforceable in any jurisdiction whose laws or regulations apply to you, the remainder of the Official Rules, including the rule affected, shall remain unaffected and valid, to the fullest extent permitted by law, The illegal or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest and best reflects the Sponsoring Organization’s intention in a legal and enforceable manner with respect to the invalid or unenforceable provision.
By entering a Challenge on the Site, you agree that, to the fullest extent permitted by law:
(i) any and all disputes, claims and causes of action arising out of or connected with the Challenge, or any prizes awarded, other than those concerning the administration of the Challenge or the determination of winners, shall be resolved individually, without resort to any form of class action;
(ii) any and all disputes, claims and causes of action arising out of or connected with the Challenge, or any prizes awarded, shall be resolved exclusively by the courts with jurisdiction at the Sponsoring Organization’s location, indicated in the Official Rules, and you consent to the exclusive jurisdiction and venue of such courts; and
(iii) under no circumstances will you be entitled to, and you hereby waive all rights to claim, any punitive, incidental and consequential damages and any and all rights to have damages multiplied or otherwise increased.
Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above may not apply to you.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, or the rights and obligations of you, the Innovator, or the Sponsoring Organization in connection with the Challenge, shall be governed by, and construed in accordance with, the laws of the country, province, state, and/or territory in which the Sponsoring Organization is located (as indicated in the Official Rules), without giving effect to any choice of law or conflict of law rules (whether of the Sponsoring Organization’s jurisdiction or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than those of the Sponsoring Organization’s jurisdiction.
6. INTELLECTUAL PROPERTY RIGHTS
A. Luminary Lightbox Content
The Site contains various information in the form of data, text, graphics, and other materials from Luminary Labs and our third party licensors (the “Luminary Lightbox Content”). You acknowledge that this Site and various elements contained therein are protected by Intellectual Property Rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Luminary Lightbox Content is and shall remain the property of Luminary Labs or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Luminary Lightbox Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Luminary Labs Content, in whole or in part.
The trademarks, service marks, trade names and logos (collectively, the “Trademarks”) used and displayed on our Site are registered and unregistered trademarks of ours or our licensors. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Luminary Labs and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by us, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us. The Trademarks used and displayed on our Site are and shall remain the sole property of us or their respective owners. Nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license, ownership right, or right to use any Trademarks used or displayed on our Site. The misuse of the Trademarks displayed on our Site, or any other Luminary Lightbox Content on our Site, is strictly prohibited.
All rights are reserved. Unauthorized copying or use of any Luminary Lightbox Content or Intellectual Property Rights without the express written consent of Luminary Labs is strictly prohibited.
Luminary Labs will not have any ownership rights over your Submissions. However, Luminary Labs needs the following licenses to operate the Site and perform and market the Service on your behalf, on behalf of our other Users, and on our own behalf.
Innovators have and shall retain sole and exclusive title and ownership of all Submissions, and all Intellectual Property Rights relating thereto, unless the Official Rules of a Challenge state clearly that the Innovator will be required to transfer property of the Submission and all Intellectual Property Rights relating thereto to the Sponsoring Organization as a requirement of the Challenge.
By entering a Submission on our Site, you grant to Luminary Labs, and in the case of a Submission, the Sponsoring Organization and any third parties acting on the Sponsoring Organization’s behalf, a royalty-free, non-exclusive, worldwide perpetual license to display publicly and use for promotional purposes the Submission, in perpetuity. This license includes posting or linking to the Submission on this Site, the Sponsoring Organization’s and partners’ websites and applications (in the case of a Submission), and display and promotion of the Submission in any other media, worldwide.
You represent and warrant that Luminary Labs, and where applicable, the Sponsoring Organization and Challenge partners, are free to use your Submission in the manner described above, as provided or as modified by Luminary Labs, without obtaining permission or license from any third party and without any compensation to you.
Your Submission must be your (or your team or organization’s) original work product. If the Submission includes any third party works (such as third party content or open source code), you must be able to provide, upon the request of the Sponsoring Organization and/or Luminary Labs, documentation of all appropriate licenses and releases for such third party works. If you cannot provide documentation of all required licenses and releases, Luminary Labs reserves the right, in its sole discretion, to disqualify the applicable Submission, or may direct you to secure the licenses and releases for Luminary Labs and/or the Sponsoring Organization’s benefit within three (3) days of notification of the missing documentation and allow the applicable Submission to remain in the Challenge. In addition, Luminary Labs also reserves all rights with respect to any and all claims based on any damages incurred by participant’s failure to obtain such licenses and releases.
You will indemnify, defend, and hold harmless Sponsoring Organizations and Luminary Labs from and against all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising from your Submission or any breach or alleged breach of any of the representations, warranties, and covenants of entrant hereunder.
(ii) Challenge Content
Sponsoring Organizations have and shall retain sole and exclusive title and ownership of all Challenge Content and all Intellectual Property Rights relating thereto. By posting Challenge Content on the Site, Sponsoring Organizations grant to Luminary Labs a non-exclusive, worldwide, royalty-free license to distribute, display and reproduce the Challenge Content in order to perform the Service.
7. DIGITAL MILLENIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Luminary Labs is capable of finding and verifying its existence.
- Contact information about the notifying party (“Notifying Party”), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party’s physical or electronic signature.
Luminary Labs' designated Copyright Agent to receive notifications of claimed infringement is:Copyright Agent
Luminary Labs LLC
30 West 22nd Street, 6th Floor
New York, NY 10010
email: [email protected]
8. LINKS TO THIRD PARTY WEB SITES
Our Site may contain links to third party websites. Any such links are provided for your convenience only. We do not control those websites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.
Luminary Labs reserves the right in its sole discretion to refuse, suspend, or terminate your access to our Site or any portion of our Site without notice.
You release, indemnify, defend and hold harmless the Sponsoring Organization, Luminary Labs, and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting a Challenge on the Site, and all of their respective past and present officers, directors, members, managers, employees, agents, representatives affiliates, suppliers, successors and assigns (hereafter the “Released Parties”) from and against any and all claims, damages, losses, expenses, and liabilities (including without limitation reasonable fees and costs for attorneys and investigations), arising out of, based on, or in connection with (i) your access to or other use of our Site; (ii) a dispute with another User of our Site; (iii) your breach of these Terms of Service; (iv) your violation of any law or the rights of any third party, including intellectual property rights; (v) your Submissions; (vi) negligence and damages of any kind to persons and property, (vii) defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your entry, creation of a Submission or entry of a Submission, participation in a Challenge, acceptance or use or misuse of a prize awarded in a Challenge (including any travel or activity related thereto) and/or the broadcast, transmission, performance, exploitation or use of a Submission as authorized or licensed by this Agreement and the Official Rules of a Challenge you are entering.
Without limiting the foregoing, the Released Parties shall have no liability in connection with:
(i) any incorrect or inaccurate information, whether caused by the Sponsoring Organization or Luminary Labs’ electronic or printing error, or by any of the equipment or programming associated with or utilized in the Challenge;
(ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Site or Challenge Website;
(iii) unauthorized human intervention in any part of the entry process or the Challenge;
(iv) technical or human error which may occur in the administration of the Challenge or the processing of Submissions; or
(v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the your participation in the Challenge or receipt or use or misuse of any prize.
Luminary Labs has no special relationship with or fiduciary duty to you. You acknowledge that Luminary Labs has no control over, and no duty to take any action regarding: which users gain access to the Site; what effects the Luminary Lightbox Content may have on the users; how users may interpret the Luminary Lightbox Content; or what actions users may take as a result of having been exposed to the Luminary Lightbox Content.
Although Luminary Labs and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither Luminary Labs nor the Site is responsible or liable in any way for the failure to store, preserve or access Submissions or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your Submissions, including Submissions.
The services, content, site and any software are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Luminary Labs makes no representation or warranties of any kind with respect to the site or any software, including any representation or warranty that the use of the site or any software will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (b) meet your requirements or expectations; (c) be free from errors, or that defects will be corrected; (d) be free of viruses or other harmful components.
To the fullest extent allowed by law, Luminary Labs disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this site.
By using this site, you acknowledge that Luminary Labs is not responsible or liable for any harm resulting from (1) use of the site; (2) downloading information contained on the site, including but not limited to downloads of content posted by users; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content; or (4) the temporary or permanent inability to access or retrieve any content from the site, including, without limitation, harm caused by viruses, worms, Trojan horses, or any similar contamination or destructive program.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Under no circumstances will Luminary Labs be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the site or service whether or not you have been advised of the possibility of such damages. Under no circumstances shall Luminary Labs be liable to you for any amount for services rendered pursuant to these terms of service.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Luminary Labs and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Site.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. The failure of Luminary Labs to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Luminary Labs that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in New York County, New York. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Additional terms and conditions may apply to specific Challenges and your agreement with the Sponsoring Organization, as specified in the Official Rules, and the Official Rules are made part of this Agreement by reference. You agree to abide by the Official Rules of any Challenge you participate in. If there is a conflict between the Agreement and the Official Rules posted or emailed for, or applicable to, a specific Challenge, the latter terms shall control with respect to that Challenge only. The Agreement constitutes the entire agreement between you and us with respect to our Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Site.
16. CONTACT US
Questions or comments regarding our Site, including any reports of non-functioning links, should be submitted using our email address at [email protected], or via U.S. mail to 30 West 22nd St, 6th Floor, New York, NY 10010.
Last Updated: July 15, 2015