Terms Of Use
Last Modified: November 5, 2024
Welcome to uma.me. Please read these Terms of Use (these “Terms”) to learn the rules and restrictions that govern your use of this website, including its subpages and subdomains (including link.uma.me) (the “Website”) and the products, services and applications provided or otherwise made available to you on, through or in connection with the Website in any manner, including an uma.me account (an “Account,” and collectively, the “Services”). If you have any questions, comments, or concerns regarding these Terms, the Website or any of the Services, please contact us at:
8605 Santa Monica Blvd, PMB 64461, West Hollywood, CA, 90069
These Terms are a binding contract between you and Lightspark Group, Inc. (“Lightspark”, “we”, and “us”). Your use of the Website or any Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Website and the Services. These Terms include the provisions in this document and incorporate by reference the provisions included in our Privacy Policy.
We or our affiliates may provide you with certain Services on a preliminary, evaluation, demo, sample or “beta” testing basis (“Demo Services”), which we provide to you for your internal demonstration, trial and evaluation purposes only. The Demo Services are not for production use and you use them at your own risk. We may discontinue any of the Demo Services at any time in our sole discretion. These Terms apply equally to the Demo Services, and by accessing or using such Demo Services, you agree to all of these Terms.
We or our affiliates also may provide you with Services (including Demo Services) that have additional terms and conditions (including terms of use or other terms, policies, notices, rules or conditions) that apply in connection with your use of such Services, such as the link.uma.me Terms of Service. Such additional terms and conditions are incorporated herein by reference, and, subject to your receipt of such additional terms and conditions, you understand that by using such Services, you agree to also comply with those additional terms and conditions. In the event of any conflict between these Terms and any such additional terms and conditions, such additional terms and conditions will govern in relation to your use of such Services.
Please read these Terms carefully. They cover important information about the Website and the Services. These Terms also include information about future changes to these Terms and limitations of liability. By accessing or using the Website or any Services, you accept and unconditionally agree to be bound and to abide by these Terms. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE WEBSITE AND THE SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE OR ANY SERVICES IN ANY MANNER.
Will these Terms ever change?
We are constantly trying to improve the Website and the Services, so these Terms may need to change along with the Website or the Services or for any other reason in our discretion. We reserve the right to change these Terms at any time. All changes to these Terms are effective immediately when we post them here and apply to all access to and use of the Website and the Services on a go-forward basis. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use or access the Website or the Services. If you use or access the Website or any Services in any way after a change to these Terms is effective, that means you agree to all of the changes. If you do not want to agree to any revised Terms, you should not continue to access or use the Website or any Services.
Except for changes by us as described here or in any updated version of these Terms, no other amendment or modification of these Terms will be effective unless provided to you in writing.
What about my privacy?
We take the privacy of our users very seriously. For our current Privacy Policy, please click here.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personal data online from children who are under 13 years of age. We do not knowingly collect or solicit personal data from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Website or any Services or send us any personal data. If we learn we have collected personal data from a child under 16 years of age, we will take reasonable steps to delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal data, please contact us at support@uma.com.
What are the basics of using the Website?
You represent and warrant that you are an individual over 16 years of age and of legal age to form a binding contract.
You will use the Website and the Services only for your own personal or business use, not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms and all laws that apply to you. If your use of the Website or any Services is prohibited by applicable laws, then you aren’t authorized to use the Website or any Services. We can’t and won’t be responsible for your using the Website or any Services in a way that breaks the law.
The Website is operated and controlled by us in the United States. Despite the global nature of the Internet, we make no claims that the Content, the Website or any of the Services is appropriate to be viewed, accessed or used outside the United States. Access to the Website or the Services from countries or territories where such access is illegal is prohibited. Those who access the Website or the Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
Are there restrictions in how I can use the Website or the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Website or otherwise access, use or interact with the Website or any of the Services, including in connection with creating, accessing, using or interacting with your Account, in a manner that:
1. infringes or violates the intellectual property, contractual, publicity, privacy or other rights of anyone else (including Lightspark);
2. violates any law or regulation, including any applicable export control laws or privacy laws;
3. is inconsistent with the purposes reasonably intended by Lightspark;
4. is dangerous, harmful, fraudulent, deceptive, misleading, threatening, harassing, defamatory, obscene, illegal or otherwise objectionable;
5. attempts, in any manner, to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or the Services, the server on which the Website is stored, or any server, computer or database connected to the Website or obtain the password, username, UMA address, account, or other security information from any other user;
6. violates the security of any computer network, or cracks any passwords or security encryption codes or introduces any viruses, trojan horses, worms, time bombs, logic bombs or other material which is malicious or technologically harmful;
7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Website, or any processes that run or are activated while you are not logged into the Website or your Account, or that otherwise interferes with the proper working of the Website (including by placing an unreasonable load on the Website’s infrastructure);
8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Website or Content (through use of manual or automated means);
9. could disable, overburden, damage, or impair the Website or any of the Services or interfere with any other person’s use of the Website or any of the Services, including their ability to engage in real time activities through the Website or any of the Services (if applicable);
10. copies or stores any significant portion of the Content; or
11. decompiles, decomposes, deletes, reverse engineers, disassembles, deconstructs or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Website or any of the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Website, the Content and the Services. We have the right (but not the obligation) to monitor the Website and the Services for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. We may investigate any complaint regarding, or suspected violation of, these Terms, and may report any activity relating to the Website, the Content or the Services to regulators, law enforcement officials or other persons or entities that we deem appropriate.
What about messaging?
As part of the Website and the Services (including in connection with your Account), you may receive communications through the Website or the Services, including messages that we send you (for example, via email or text message). You consent to the receipt of emails and other messages from Lightspark, other uma.me users that are sending you money or requesting money from you and your financial institutions or their agents regarding the Services or related transfers between your financial institutions and you. You agree that Lightspark may use automatic telephone dialing systems in connection with messages sent to any mobile phone number you provide. You are responsible for any fees or other charges that your wireless carrier may charge for any related data, text or other message services, including for short message service. Please check your mobile service agreement for details or applicable fees as Message and Data rates may apply. Neither we nor your phone carriers are liable for delayed or undelivered messages. You have the right to ask us not to send you marketing messages, including via email or text message or any combination of these, at any time by contacting Lightspark customer service.
What are my rights in the Website?
You understand that Lightspark owns the Website, the Content (as defined below) and the Services. The content, materials, documents, data, information, functionality and services displayed, performed or available on or through the Website or any of the Services, including text, graphics, data, articles, photos, images, illustrations, designs, icons, photographs, video clips and so forth (all of the foregoing, the “Content”) and any and all trademarks, trade dress, logos, copyrights and other intellectual property in such Content are owned, controlled or licensed by Lightspark and are protected by copyright or other intellectual property laws. You promise to abide by all copyright and trademark notices and legends and other information and restrictions contained on the Website or in any Content or Services you access through the Website, and you may not remove, alter or obscure any copyright, trademark or other notices or legends contained in any Content or alter or modify any Content.
You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, store, perform, upload, display, license, transfer, sell, create derivative works based on, commercialize or otherwise exploit for any purpose any Content or any of the Website or Services, or use any trademark, trade name, trade dress, service mark or logo of Lightspark or any third party that appears on the Website or in any of the Content or Services, (i) without the prior consent of Lightspark or (ii) in a way that violates someone else’s (including Lightspark’s) rights. The Website may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply. No right, title or interest in any copy or downloaded Content is transferred to you as a result of any such copying or downloading. You may not use any Content in connection with, or to develop or train, any large language model, neural network, or artificial intelligence (including any form of generative artificial intelligence). All rights, title and interest in and to the Website, the Content, the Services and any and all related intellectual property are hereby expressly reserved by Lightspark and its licensors, as applicable.
Who is responsible for what I see and do on the Website?
Accessing certain areas or features of the Website may, or may in the future, require you to register or may otherwise ask for your information. You may choose not to provide such information, but your ability to access certain areas or features of the Website may be limited. You are responsible for all information or other content you contribute, in any manner, to the Website (including any communication or materials you send us), and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it, and that all such information and content is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
The Website may contain links or connections to third-party websites or services that are not owned or controlled by Lightspark. Such links are provided for your convenience only. When you access or use third-party websites or services, you accept that there are risks in doing so, and that we are not responsible for those risks. These Terms do not apply to or govern the practices of third-party companies or websites that can be accessed through links contained on the Website or that we do not own or control. Lightspark has no control over, and assumes no responsibility for, any third-party websites, any products or services offered or provided by third parties, or the content, accuracy, privacy policies, practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Website. In addition, we will not and cannot monitor, verify, censor or edit the content of any third-party website or service. We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third-party website or service that you access, use, visit or utilize. By accessing or using the Website or the Services, you hereby release and hold harmless Lightspark and its licensors, service providers, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, shareholders, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Lightspark and all such parties together, the “Lightspark Parties”) from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to your use of any third-party website or service.
Your interactions with organizations or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Lightspark will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the Website or users on uma.me, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release and hold harmless the Lightspark Parties from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Website. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Lightspark ever change the Website?
We’re always trying to improve the Website and the Services, so we may change the Website or the Services from time to time. We may suspend or discontinue any part of the Website or the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Website or the Services. We reserve the right to remove any Content or Services from the Website at any time, for any reason (including if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I violate these Terms?
We are free to terminate or suspend your right of access to the Website, the Content or any of the Services for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
What else do I need to know?
Warranty Disclaimer. The Lightspark Parties make no representations or warranties concerning the Website, including regarding any Content or Services, and the Lightspark Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Website, the Content or the Services or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Website, the Content or the Services. The Lightspark Parties make no representations or warranties regarding suggestions or recommendations of the Website or the Services (when applicable).
Lightspark does not:
- provide a deposit or other financial account or other financial or transaction services;
- act as an escrow agent with respect to any money sent to you on uma.me;
- act as your agent or trustee;
- guarantee the identity of any uma.me user;
- determine if you are liable for any taxes; or
- collect or pay any taxes that may arise from use of any Services.
YOUR USE OF THE WEBSITE, THE CONTENT AND THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND CONTENT ARE PROVIDED BY LIGHTSPARK (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND NO LIGHTSPARK PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, THE CONTENT OR THE SERVICES OR THAT THE WEBSITE, THE CONTENT OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE CONTENT OR THE SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, THE CONTENT OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL ANY OF THE LIGHTSPARK PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES, WEBSITE OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED DOLLARS ($100), (D) ANY MATTER BEYOND OUR REASONABLE CONTROL, (E) ANY CONTENT, ACTIONS OR INACTIONS OF THIRD PARTIES, INCLUDING OUR FINANCIAL INSTITUTION, VASP OR OTHER PARTNERS, OR (F) ANY SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT. THIS IS TRUE EVEN IF THE LIGHTSPARK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You hereby agree to indemnify, defend and hold harmless the Lightspark Parties from and against any and all claims, liabilities, damages (actual and consequential), judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising from or in any way relating to (a) your use of the Website, the Content or the Services (including your Account), (b) your choice of UMA address, including any infringement or other violation of any intellectual property, contractual, publicity, privacy or other rights of anyone else (including Lightspark), (c) the actions or inactions of any third party to whom you grant permissions to use your Account, (d) your violation of these Terms, (e) your violation of applicable laws or regulations and (f) your gross negligence, willful misconduct or fraud.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. Any attempted assignment, delegation or transfer in violation hereof will be null and void. We may transfer, assign, or delegate these Terms or our rights or obligations hereunder without your consent.
Choice of Law; Dispute Resolution. These Terms, and any suit, action, proceeding, dispute, claim or controversy arising out of or relating to the Website, the Content, the Services or these Terms (each, a “Dispute”), are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Any Dispute will be instituted exclusively in the federal courts of the United States, or the courts of the State of California, in each case located in the County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by any of the foregoing courts and to venue in such courts.
YOU HEREBY EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH, THESE TERMS, THE WEBSITE OR THE CONTENT. YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THESE TERMS.
Miscellaneous. You and Lightspark hereby agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Lightspark, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings, relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Lightspark, and you do not have any authority of any kind to bind Lightspark in any respect whatsoever. The failure to require performance of any provision of these Terms will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.