Terms of Service

Effective Date: 2020-02-10

The Lmk Application (“Lmk”) allows you to send and receive honest messages, compliments, and feedback from your friends.

The Lmk Application is developed and operated by LightSpace, Inc. (referred to as “Lmk” throughout these Terms)

I Acceptance of the Present Terms & Conditions

By registering on Lmk, you acknowledge that the use of this service is subject to Lmk’s Terms of Service (“TOS”) which you must accept in order to use our services. Furthermore, the use of our services means that you also agree to our Privacy Policy. Of course, if you don’t agree with them, then don’t use the Services.

LMK does not tolerate ANY objectionable content or abusive users. Any objectionable content posted on LMK will be reviewed by our Content Safety team. We reserve the right to take down any objectionable content immediately without any notice. For more details, please see 'Section VI - Rules of Conduct' below.

If you have received or are aware of any objectionable content on LMK, please do not hesitate to contact us at report@lmk.chat. You can also report any user or content within the LMK app. We will respond to all reports within 24 hours or less.

Please also note that LMK may ask for permission to collect and store on our servers your personal information such as Contacts on your phone. We cannot and do not collect information unless you give us explicit permission to do so. While we collect information (such as your Contacts) to help you take full advantage of our product features, we understand if you feel uncomfortable giving us permission. If so, you are encouraged to deny giving us permission. You also have the ability to delete any information you have given us from our servers; for example, if you have given us permission to your Contacts, but no longer wish to have them stored in our servers, let us know at support@lmk.chat. You can also delete your account or any other information from our servers by reaching us at that email. To understand more on how LMK collects, uses, shares, and stores your information, please read our Privacy Policy.

II Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Services or when there are regulatory changes. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

III Who Can Use the Services

No one under 17 is allowed to create an account or use the Services. By using the Services, you state that: You can form a binding contract with Lmk. You are not a person who is barred from receiving the Services under the laws of the United States or any other applicable jurisdiction You are not a convicted sex offender. You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

IV Your Account with Us

To access or use some of our Services, you may need to create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is important that you keep your account password confidential and that you do not disclose it to any third party. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. If you no longer want to use our Services again, and would like your account deleted, we can take care of this for you. Please contact us via support@lmk.chat, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

V Rights You Grant Us

Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content.

While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Services or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service.

We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you. VI User Generated Content

Much of the content on our Services is produced by users and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although Lmk reserves the right to review or remove all content that appears on the Services, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services.

Through these Terms, we make clear that we do not want the Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms. If you have any concerns or want to report any concerning content, please promptly contact us at support@lmk.chat.

Safety of our users is of utmost importance for us. As a result, we have laid out the following Rules of Conduct which every user is subject to, whether they have an account or not. You are solely responsible for everything you write, post, upload, or make public.

If you are using our Services, you are not allowed to send, upload, or post anything which:

VI. Rules of Conduct

  • Could potentially cause any harm or damage to anyone
  • Is mean, is bullying someone or is intended to harass, scare or upset anyone
  • Is deliberately designed to provoke or antagonize people, especially trolling
  • Uses rude or profane language
  • Encourages dangerous or illegal activities
  • Encourages any type of self-harm
  • Contains any obscene or pornographic content
  • Contains any threat of any kind, including threats to yourself or others
  • Is racist or discriminates based on someone’s race, religion, age, gender, disability, or sexuality
  • Infringes on individual's privacy rights
  • Competes with our Services or is spam
  • Is illegal, could expose Lmk to legal liability, or encourages people to get involved in anything which is illegal (for example, drugs, violence, or crime)
  • Is defamatory or violates any third party’s rights, including breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property right.
  • Collects user content or information, or otherwise accesses the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission
  • Violates any robot exclusion headers of the site, if any, or bypasses or circumvents other measures employed to prevent or limit access to Services
  • Shares, recompiles, decompiles, disassembles, reverse engineers, or makes or distributes any other form of, or any derivative work from, the Services
  • Attempts to scrape or collect any personal or private information from other users or from the Services
  • Pretends to come from someone other than you, or where you are impersonating someone else
  • Intercepts or monitors, damages, or modifies any communication not intended for you
  • Otherwise breaches the Terms of Service

VII Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Lmk can collect, use, and share your information consistent with that policy.

VIII Respecting Other People’s Rights

Lmk respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that: violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right. bullies, harasses, or intimidates. defames. spams or solicits our users.

IX. Purchases

Generally. From time to time, Lmk may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, Lmk direct billing or other payment platforms authorized by Lmk. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Lmk or the third party account, as applicable, to charge you.

Auto-Renewal. If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Lmk application from your device. Deleting your account on Lmk or deleting the Lmk application from your device does not cancel your subscription; Lmk will retain all funds charged to your Payment Method until you cancel your subscription on Lmk or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Lmk) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

To request a refund:

If you subscribed using your Apple ID, refunds are handled by Apple, not Lmk. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through Lmk directly: please contact customer support at support@lmk.chat with your order number for the Google Play Store (you can find the order number by logging in to Google Wallet). Please also include the first/last name and telephone number associated with your account along with your order number.

X Copyright

Lmk honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of.

XI Data Charges

By using the Services on your mobile phone (and/or any other device) you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.

XII Modifying the Services and Termination

We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand. While we hope you remain a lifelong user of Lmk, you can terminate these Terms at any time and for any reason by deleting your account. Lmk may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason, or delete your account at any time for any reason.

XIII Indemnity

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Lmk, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services; (b) your content; and (c) your breach of these Terms.

XIV Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SNAP INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE 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: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SNAP INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIGHTSPACE, INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID SNAP INC., IF ANY, IN THE LAST 12 MONTHS.

XV Contact Us

Lmk welcomes comments, questions, concerns, or suggestions. Please contact us at support@lmk.chat. Again, if you would like to report any objectionable that may potentially harm our community, please do not hesitate to reach us at report@lmk.chat.

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