Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Lightpose Platform, you agree to comply with and be bound by these Terms.
Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all Lightpose Users. If your country of residence is the United States, this provision applies to all disputes with Lightpose. If your country of residence is outside of the United States, this provision applies to any action you bring against Lightpose in the United States. It affects how disputes with Lightpose are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: July 19, 2019
These Terms constitute a legally binding agreement ("Agreement") between you and Lightpose (as defined below) governing your access to and use of the Lightpose website, including any subdomains thereof, and any other websites through which Lightpose makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces, as applicable from time to time (collectively, "Application") and all associated services (collectively, "Lightpose Services"). The Site, Application and Lightpose Services together are hereinafter collectively referred to as the “Lightpose Platform”.
When these Terms mention “Lightpose,” “we,” “us,” or “our,” it refers to the Lightpose, LLC, the company you are contracting with.
Table of Contents
1. Scope of Lightpose Services
2. Eligibility, Using the Lightpose Platform, User Verification
3. Modification of these Terms
4. Account Registration
6. Service Fees
7. Terms specific for Contractors
8. Terms specific for Clients
9. Booking Modifications, Cancellations and Refunds
10. Ratings and Reviews
11. Disputes between Users
13. Prohibited Activities
14. Term and Termination, Suspension and other Measures
18. Dispute Resolution
20. Applicable Law and Jurisdiction
21. General Provisions
1. Scope of Lightpose Services
1.1 The Lightpose Platform is an online marketplace that enables registered users (“Users”) and certain third parties who offer services (Users and third parties who offer services are “Contractors” and the services they offer are “Contractor Services”) to publish such Contractor Services on the Lightpose Platform (“Listings”) and to communicate and transact directly with Users that are seeking to book such Contractor Services (Users using Contractor Services are “Clients”). Contractor Services may include the offering of photography or other services for use ("Services").
1.2 As the provider of the Lightpose Platform, Lightpose does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Contractor Services. Contractors alone are responsible for their Listings and Contractor Services. When Users make or accept a booking, they are entering into a contract directly with each other. Lightpose is not and does not become a party to or other participant in any contractual relationship between Users, nor is Lightpose an insurer. Lightpose is not acting as an agent in any capacity for any User, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, Lightpose has no control over and does not guarantee: (i) the existence, quality, safety, suitability, or legality of any Listings or Contractor Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content (as defined below), or (iii) the performance or conduct of any User or third party. Lightpose does not endorse any User, Listing or Contractor Services. You should always exercise due diligence and care when deciding whether to use and Contractor Services, or communicate and interact with other Users, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Lightpose of any Contractor or Listing.
1.4 If you choose to use the Lightpose Platform as a Contractor, your relationship with Lightpose is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Lightpose for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Lightpose. Lightpose does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Contractor Services. You acknowledge and agree that you have complete discretion whether to list Contractor Services or otherwise engage in other business or employment activities.
1.5 To promote the Lightpose Platform and to increase the exposure of Listings to potential Clients, Listings and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Listings and other User Content may be translated, in whole or in part, into other languages. Lightpose cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations.
1.6 The Lightpose Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Lightpose is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Lightpose of such Third-Party Services.
1.7 Due to the nature of the Internet, Lightpose cannot guarantee the continuous and uninterrupted availability and accessibility of the Lightpose Platform. Lightpose may restrict the availability of the Lightpose Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Lightpose Platform. Lightpose may improve, enhance and modify the Lightpose Platform and introduce new Lightpose Services from time to time.
2. Eligibility, Using the Lightpose Platform, User Verification
2.1 In order to access and use the Lightpose Platform or register an Lightpose Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Contractor Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Lightpose may make access to and use of the Lightpose Platform, or certain areas or features of the Lightpose Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s booking and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Lightpose Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Lightpose Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Lightpose Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of these Terms.
Lightpose reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Lightpose Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Lightpose Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Lightpose Account") to access and use certain features of the Lightpose Platform, such as publishing or booking a Listing. If you are registering a Lightpose Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Lightpose Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Lightpose Account and your SNS Account at any time, by accessing the "Settings" section of the Lightpose Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Lightpose Account and public Lightpose Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Lightpose Account unless Lightpose authorizes you to do so. You may not assign or otherwise transfer your Lightpose Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Lightpose Account credentials and may not disclose your credentials to any third party. You must immediately notify Lightpose if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Lightpose Account. You are liable for any and all activities conducted through your Lightpose Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Lightpose may enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your Lightpose Account. For example, we may enable Users to link their Lightpose Accounts to businesses and take actions for those businesses, we may enable eligible Users or certain third parties to book Listings on behalf of other Users, or we may enable Contractors to add other Users as CoContractors (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Lightpose to ask for your credentials, and you shall not request the credentials of another User.
5.1 Lightpose may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Lightpose Platform ("User Content"); and (ii) access and view User Content and any content that Lightpose itself makes available on or through the Lightpose Platform, including proprietary Lightpose content and any content licensed or authorized for use by or through Lightpose from a third party ("Lightpose Content" and together with User Content, "Collective Content").
5.2 The Lightpose Platform, Lightpose Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Lightpose Platform and Lightpose Content, including all associated intellectual property rights, are the exclusive property of Lightpose and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Lightpose Platform, Lightpose Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Lightpose used on or in connection with the Lightpose Platform and Lightpose Content are trademarks or registered trademarks of Lightpose in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Lightpose Platform, Lightpose Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Lightpose Platform or Collective Content, except to the extent you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Lightpose or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Lightpose grants you a limited, non-exclusive, nonsublicensable, non-assignable, revocable, non-transferable license to access and view any Collective Content made available on or through the Lightpose Platform and accessible to you, solely for your personal and noncommercial use.
5.6 You are solely responsible for all User Content that you make available on or through the Lightpose Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available on or through the Lightpose Platform or you have all rights, licenses, consents and releases that are necessary to grant to Lightpose the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Lightpose's use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Lightpose policy. Lightpose may, without prior notice, remove or disable access to any User Content that Lightpose finds to be in violation of applicable law, these Terms or Lightpose’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Lightpose, its Users, third parties, or property.
5.8 Lightpose respects copyright law and expects its Users to do the same. If you believe that any content on the Lightpose Platform infringes copyrights you own, please notify us by using the contact information on our Contact Us page.
6. Service Fees
6.1 Lightpose may charge fees to Contractors ("Contractor Fees") and/or Clients ("Client Fees") (collectively, "Service Fees") in consideration for the use of the Lightpose Platform.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Contractor or Client prior to publishing or booking a Listing. Lightpose reserves the right to change the Service Fees at any time, and will provide Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to Lightpose. The applicable Service Fees (including any applicable Taxes)may be collected by Lightpose or another third party. Except as otherwise provided on the Lightpose Platform, Service Fees are non-refundable.
7. Terms specific for Contractors
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the Lightpose Platform you must (i) provide complete and accurate information about your Contractor Service (such as services description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as applicable rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by Lightpose. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as editing and retouching fees) for your Listing (“Listing Fee”). Once a Client requests a booking of your Listing, you may not request that the Client pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Contractor Services. Lightpose reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.5 The placement and ranking of Listings in search results on the Lightpose Platform may vary and depend on a variety of factors, such as Client search parameters and preferences, Contractor requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Contractor Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found on our help center.
7.1.6 When you accept or have pre-approved a booking request by a Client, you are entering into a legally binding agreement with the Client and are required to provide your Contractor Service(s) to the Client as described in your Listing when the booking request is made. You also agree to pay the applicable Contractor Fee and any applicable Taxes.
7.1.7 Lightpose recommends that Contractors obtain appropriate insurance for their Contractor Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients (and the individuals the Client has booked for, if applicable) or participating in your Contractor Service.
7.2 Listing Services
7.2.1 Contractors are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Lightpose Platform.
7.2.2 You represent and warrant that any Listing you post and the booking of, or a Client's use of, your Services, will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as business laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Contractor, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are involved in any way with the Services.
7.3.1 Lightpose may enable Contractors to authorize other Users (“Co-Contractors”) to administer the Contractor’s Listing(s), and to bind the Contractor and take certain actions in relation to the Listing(s) as permitted by the Contractor, such as accepting booking requests, messaging and welcoming Clients, and updating the Listing Fee and calendar availability (collectively, “Co-Contractor Services”). Any agreement formed between Contractor and Co-Contractor may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Contractor Service(s). Co-Contractors may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Lightpose. Lightpose reserves the right, in our sole discretion, to limit the number of Co-Contractors a Contractor may invite for each Listing and to limit the number of Listings a Co-Contractor may manage.
7.3.2 Contractors should exercise due diligence and care when deciding who to add as a CoContractor to their Listing(s). Contractors remain solely responsible and liable for any and all Listings and User Content published on the Lightpose Platform, including any Listing created by a Co-Contractor on their behalf. Further, Contractors remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Contractor(s). Co-Contractors remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Contractor, including, but not limited to, conduct that causes harm or damage to the Contractor. In addition, both Contractor and CoContractor are jointly responsible and severally liable for third party claims, including Client claims, arising from the acts and omissions of the other person as related to Contractor activities, communications with Clients, and the provision of any Co-Contractor Services.
7.3.3 Unless agreed otherwise by Contractor and Co-Contractor, Contractor and Co-Contractor may terminate the Co-Contractor agreement at any time. In addition, both Contractor and Co-Contractor acknowledge that their Co-Contractoring relationship will terminate in the event that Lightpose (i) terminates the Co-Contractor service or (ii) terminates either party’s participation in the Co-Contractor service. When the CoContractor agreement is terminated, the Contractor will remain responsible for all of the Co-Contractor’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a User is removed as a Co-Contractor, that User will no longer have access to any Contractor or Client information related to the applicable Contractor’s Listing(s).
8. Terms specific for Clients
8.1 Terms applicable to all bookings
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Lightpose and/or the Contractor, you can book a Listing available on the Lightpose Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Client Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Lightpose Account.
8.1.2 Upon receipt of a booking confirmation from Lightpose, a legally binding agreement is formed between you and your Contractor, subject to any additional terms and conditions of the Contractor that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Lightpose Payments will collect the Total Fees at the time of the booking request or upon the Contractor’s confirmation pursuant to the Payments Terms. For certain bookings, Clients may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book a Contractor Service on behalf of additional Clients, you are required to ensure that every additional Client meets any requirements set by the Contractor, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Contractor. If you are booking for an additional Client who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Contractor Service if accompanied by an adult who is responsible for them.
8.2 Booking Services.
You understand that a confirmed booking of a Service (“Service Booking”) is a limited license granted to you by the Contractor to use the Services of the Contractor for a set period of time, in accordance with your agreement with the Contractor.
9. Booking Modifications, Cancellations and Refunds
9.1 Booking Modification and Cancellation Policy.
In the event that a confirmed Booking needs to be modified or cancelled either by Client or a Contractor, the following Booking cancellation policy applies. We encourage both Clients and Customers to communicate directly in the event of a Booking cancellation as soon as possible and also immediately notify Lightpose to initiate a Booking cancellation. Lightpose will initiate all refunds, fees, or applicable payments in accordance with this policy. We also reserve the right to collect any fees for cancellations in accordance with this cancellation policy.
|Cancellation Date||Refund Amount|
|Booking request pending||Full refund and all platform fees refunded|
|30+ days prior to Booking start time||100%, minus platform fees|
|7 calendar days or less to Booking start time||50%, minus platform fees|
|Within 48 hours of Booking start||time Non-refundable|
The only time the above cancellation fees may be waived or exemptions made is when mutually agreed upon by both parties to a Booking and Lightpose. We encourage both parties in Booking agreements to communicate and work through any potential scheduling issues or cancellations directly and immediately. This ensures a mutually beneficial outcome in a timely manner. In the event that a cancellation needs to be made, please also immediately notify Lightpose using the information on the “Contact Us” page.
9.3 Lightpose Cancellations.
In certain circumstances, Lightpose may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed Booking and initiate corresponding refunds and payouts. This may be for reasons where Lightpose believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Lightpose, other Users, third parties or property, or for any of the reasons set out in these Terms.
When approved by Lightpose and the both parties to a Booking, a Booking may be rescheduled. The rescheduled Booking must be the same duration as the original confirmed Booking and also mutually agreed upon in a time period that complies with the cancellation policy set forth above. Contractors and Clients are responsible for any modifications to a booking that they make via the Lightpose Platform or direct Lightpose customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Contractor Fees or Client Fees and/or Taxes associated with such Booking Modifications.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Clients and Contractors can leave a public review (“Review”) and submit a rating, as a grade, star count or otherwise (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users and do not reflect the opinion of Lightpose. Ratings and Reviews are not verified by Lightpose for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Clients and Contractors must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and other Lightpose policies.
10.3 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User.
10.4 Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on the Lightpose Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
11. Damage to Services, Disputes between Users
11.1 As a Client, you are responsible your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Services, excluding the Contractor (and the individuals the Contractor invites to the Services, if applicable).
11.2 If a Contractor claims and provides evidence that you as a Client have caused any damage to personal or other property during the performance of Services ("Damage Claim"), the Contractor can seek payment from you. If a Contractor escalates a Damage Claim to Lightpose, you will be given an opportunity to respond. If you agree to pay the Contractor, or Lightpose determines in its sole discretion that you are responsible for the Damage Claim, Lightpose will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim. Lightpose also reserves the right to otherwise collect payment from you and pursue any remedies available to Lightpose in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Contractors.
11.3 Users agree to cooperate with and assist Lightpose in good faith, and to provide Lightpose with such information and take such actions as may be reasonably requested by Lightpose, in connection with any Damage Claims or other complaints or claims made by Users relating to: (i) Services or any personal or other property damaged during any Services or (ii) Co-Contractor agreements. A User shall, upon Lightpose's reasonable request and at no cost to the User, participate in mediation or a similar resolution process with another User, which process will be conducted by Lightpose or a third party selected by Lightpose or its insurer, with respect to losses for which a User is requesting payment from Lightpose.
11.4 If you are a Client or a Co-Contractor, you understand and agree that Lightpose may make a claim under any insurance policy you may have related to any damage or loss that you may have caused, or been responsible for, to any personal or other property of the Contractor (including without limitation amounts paid by Lightpose). You agree to cooperate with and assist Lightpose in good faith, and to provide Lightpose with such information as may be reasonably requested by Lightpose, to make a claim under your applicable insurance policy, including, but not limited to, executing documents and taking such further acts as Lightpose may reasonably request to assist Lightpose in accomplishing the foregoing.
12.1 As a Contractor you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
12.2 Tax regulations may require us to collect appropriate Tax information from Contractors, or to withhold Taxes from payouts to Contractors, or both. If a Contractor fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the taxrelevant amount as required by law, until resolution.
13. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Lightpose Platform. In connection with your use of the Lightpose Platform, you will not and will not assist or enable others to:
○ breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
○ use the Lightpose Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Lightpose endorsement, partnership or otherwise misleads others as to your affiliation with Lightpose;
○ use the Lightpose Platform in connection with the distribution of unsolicited commercial messages ("spam");
○ offer, as a Contractor, any Service that you do not yourself own or have permission to make available as a residential or other property through the Lightpose Platform;
○ contact another User for any purpose other than asking a question related to a your own booking, Listing, or the User's use of the Lightpose Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
○ use the Lightpose Platform to request, make or accept a booking independent of the Lightpose Platform, to circumvent any Service Fees or for any other reason;
○ request, accept or make any payment for Listing Fees outside of the Lightpose Platform or Lightpose Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Lightpose harmless from any liability for such payment;
○ discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
○ misuse or abuse any Listings as determined by Lightpose in its sole discretion;
○ use, display, mirror or frame the Lightpose Platform or Collective Content, or any individual element within the Lightpose Platform, Lightpose's name, any Lightpose trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Lightpose Platform, without Lightpose's express written consent;
○ dilute, tarnish or otherwise harm the Lightpose brand in any way, including through unauthorized use of Collective Content, registering and/or using Lightpose or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Lightpose domains, trademarks, taglines, promotional campaigns or Collective Content;
○ use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Lightpose Platform for any purpose;
○ avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Lightpose or any of Lightpose's providers or any other third party to protect the Lightpose Platform;
○ attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Lightpose Platform;
○ take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Lightpose Platform;
○ export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
○ violate or infringe anyone else’s rights or otherwise cause harm to anyone.
13.2 You acknowledge that Lightpose has no obligation to monitor the access to or use of the Lightpose Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Lightpose Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Lightpose in good faith, and to provide Lightpose with such information and take such actions as may be reasonably requested by Lightpose with respect to any investigation undertaken by Lightpose or a representative of Lightpose regarding the use or abuse of the Lightpose Platform.
13.3 If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Lightpose by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14. Term and Termination, Suspension and other Measures
14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Lightpose terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Lightpose Account as a Contractor, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you cancel your Lightpose Account as a Client, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
14.3 Without limiting our rights specified below, Lightpose may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
14.4 Lightpose may immediately, without notice, terminate this Agreement and/or stop providing access to the Lightpose Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Lightpose believes in good faith that such action is reasonably necessary to protect the personal safety or property of Lightpose, its Users, or third parties (for example in the case of fraudulent behavior of a User).
14.5 In addition, Lightpose may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Lightpose Account registration, Listing process or thereafter, (iv) you and/or your Listings or Contractor Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Lightpose otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Lightpose believes in good faith that such action is reasonably necessary to protect the personal safety or property of Lightpose, its Users, or third parties, or to prevent fraud or other illegal activity:
○ refuse to surface, delete or delay any Listings, Ratings, Reviews, or other User Content;
○ cancel any pending or confirmed bookings;
○ limit your access to or use of the Lightpose Platform;
○ temporarily or permanently revoke any special status associated with your Lightpose Account;
○ temporarily or in case of severe or repeated offenses permanently suspend your Lightpose Account and stop providing access to the Lightpose Platform.
○ In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Lightpose and an opportunity to resolve the issue to Lightpose's reasonable satisfaction.
14.6 If we take any of the measures described above (i) we may refund your Clients in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
14.7 When this Agreement has been terminated, you are not entitled to a restoration of your Lightpose Account or any of your User Content. If your access to or use of the Lightpose Platform has been limited or your Lightpose Account has been suspended or this Agreement has been terminated by us, you may not register a new Lightpose Account or access and use the Lightpose Platform through an Lightpose Account of another User.
14.8 Sections 5 and 14 to 21 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the Lightpose Platform or Collective Content, you do so voluntarily and at your sole risk. The Lightpose Platform and Collective Content is provided “as is”, “where is” and “with all faults”, without warranty of any kind, either express or implied, either in fact or by operation of law, statutory or otherwise. You agree that you have had whatever opportunity you deem necessary to investigate the Lightpose Services, laws, rules, or regulations that may be applicable to your Listings and/or Contractor Services you are receiving and that you are not relying upon any statement of law or fact made by Lightpose relating to a Listing. If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future. You agree that some Contractor Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Contractor Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Contractor Services. You assume full responsibility for the choices you make before, during and after your participation in a Contractor Service. If you are bringing a minor as an additional Client, you are solely responsible for the supervision of that minor throughout the duration of your Contractor Service and to the maximum extent permitted by law, you agree to forever, irrevocably and knowingly release and hold harmless Lightpose from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Contractor Service or in any way related to your Contractor Service. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Lightpose Platform and Collective Content, your publishing or booking of any Listing via the Lightpose Platform, your use of any Service, or any other interaction you have with other Users whether in person or online remains with you. Neither Lightpose nor any other party involved in creating, producing, or delivering the Lightpose Platform or Collective Content will be liable for any incidental, indirect, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with: (i) these Terms, (ii) from the use of or inability to use the Lightpose Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Lightpose Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Contractor Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Lightpose has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Contractors pursuant to these Terms, in no event will Lightpose’s aggregate liability arising out of or in connection with these Terms and your use of the Lightpose Platform including, but not limited to, from your publishing or booking of any Listings via the Lightpose Platform, or from the use of or inability to use the Lightpose Platform or Collective Content and in connection with any Service, or interactions with any other Users, exceed the amounts you have paid or owe for bookings via the Lightpose Platform as a Client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Contractor, the amounts paid by Lightpose to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US $100.00), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Lightpose and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Lightpose’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at Lightpose’s option), indemnify, and hold Lightpose and its affiliates and subsidiaries, and their respective members, managers, owners, officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, fees, claims, causes of action and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Lightpose Platform or any Lightpose Services, (iii) your interaction with any User, your use of any Contractor Services, including without limitation any injuries, losses or damages (whether compensatory, indirect, incidental, special, consequential or otherwise) of any kind arising in connection with or as a result of such use, or (iv) your breach of any laws, regulations or third party rights.
18. Dispute Resolution and Arbitration Agreement
18.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Lightpose in the United States (to the extent not in conflict with Section 20).
18.2 Overview of Dispute Resolution Process. Lightpose is committed to participating in a consumerfriendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 18.1 applies: (1) an informal negotiation directly with Lightpose’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 18 and except as provided in Section 18.6). Specifically, the Consumer Arbitration Rules provide:
○ Claims can be filed with AAA online (www.adr.org);
○ Arbitrators must be neutral and no party may unilaterally select an arbitrator;
○ Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
○ Parties retain the right to seek relief in small claims court for certain claims, at their option;
○ The initial filing fee for the consumer is capped at $200;
○ The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
○ The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
18.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Lightpose each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Lightpose’s customer service team by using the contact information from the Contact Us page. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
18.4 Agreement to Arbitrate. You and Lightpose mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Lightpose Platform, the Contractor Services or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Lightpose agree that the arbitrator will decide that issue.
18.5 Exceptions to Arbitration Agreement. You and Lightpose each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
18.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
18.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Lightpose agrees that any required arbitration hearing may be conducted: (a) in Seattle, King County, Washington; (b) in any other location to which you and Lightpose both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
18.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Lightpose agree that Lightpose will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. Either you or us may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules.
18.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
18.10 Jury Trial Waiver. You and Lightpose acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
18.11 No Class Actions or Representative Proceedings. You and Lightpose acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class User in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Lightpose both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 18.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 18.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Lightpose agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
18.12 Severability. Except as provided in Section 18.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
18.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Lightpose changes this Section 18 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Lightpose’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Lightpose (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Lightpose.
18.14 Survival. Except as provided in Section 18.12 and subject to Section 14.8, this Section 18 will survive any termination of these Terms and will continue to apply even if you stop using the Lightpose Platform or terminate your Lightpose Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Lightpose Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact Us” section of the Lightpose Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. Applicable Law and Jurisdiction.
These Terms and your use of the Lightpose Platform will be exclusively governed and interpreted by the laws of the state of Washington, without reference or regard to Washington’s conflict of laws provisions. Subject to Section 18, you hereby irrevocably and unconditionally agree to submit any legal action or proceeding relating to this Agreement or arising out of the relationship of the parties to the non-exclusive general jurisdiction of the courts of the state of Washington located in King County and the courts of the United States located in the Western District of Washington and, in any such action or proceeding, consent to jurisdiction in such courts and waive any objection to the venue in any such court. If any suit or action is instituted in connection with any controversy arising out of this Agreement or to enforce any rights hereunder, the substantially prevailing party, as determined by the adjudicator in the suit or action, shall be entitled to recover, in addition to costs, such sums as the court may find reasonable as attorneys’ fees, including litigation expenses and costs, and such similar sums incurred on any appeal.
21. General Provisions.
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Lightpose and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Lightpose and you in relation to the access to and use of the Lightpose Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and Lightpose as a result of this Agreement or your use of the Lightpose Platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 Each provision of these Terms shall be considered severable such that if any one provision or clause conflicts with applicable law, or may not be given full effect because of such law, this shall not affect any other provision of the Terms that can be given effect without the conflicting provision of clause; provided; however, that such provision shall be modified, to the minimum extent possible and necessary, to be enforceable to the fullest extent and in compliance with any such applicable laws, prior to it being severed from these Terms in its entirety.
21.5 Lightpose’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Lightpose's prior written consent. Lightpose may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.7 Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Lightpose via email, Lightpose Platform notification, or messaging service (including SMS and WeChat). If you have any questions about these Terms please email us.
Last Updated: July 19, 2019
1.2 Data Controller
1.3 Applicability to Payments
2. INFORMATION WE COLLECT
There are three general categories of information we collect.
2.1 Information You Give to Us.
2.1.1 Information that is necessary for the use of the Lightpose Platform.
We ask for and collect the following personal information about you when you use the Lightpose Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
Account Information. When you sign up for an Lightpose Account, we require certain information such as your first name, last name, email address, and date of birth.
Profile and portfolio Information. To use certain features of the Lightpose Platform (such as booking or creating a portfolio), we may ask you to provide additional information, which may include your address, phone number, and a profile picture.
Identity Verification Information. To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information.
Payment Information. To use certain features of the Lightpose Platform (such as booking or creating a portfolio), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments.
Communications with Lightpose and other Users. When you communicate with Lightpose or use the Lightpose Platform to communicate with other Users, we collect information about your communication and any information you choose to provide.
2.1.2 Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using Lightpose Platform. This additional information will be processed based on our legitimate interest or when applicable, your consent.
Additional Profile Information. You may choose to provide additional information as part of your Lightpose profile (such as gender, preferred language(s), city, and a personal description). Some of this information as indicated in your Account settings is part of your public profile page, and will be publicly visible to others.
Address Book Contact Information. You may choose to import your address book contacts or enter your contacts’ information manually to access certain features of the Lightpose Platform, like inviting them to use Lightpose.
Other Information. You may otherwise choose to provide us information when you fill in a form, update or add information to your Lightpose Account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team, share your experience with us (such as through Feedback), or use other features of the Lightpose Platform.
2.1.3 Information that is necessary for the use of the Payment Services.
The Payments Data Controller needs to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
Payment Information. When you use the Payment Services, the Payments Data Controller requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law.
Identity Verification and Other Information. If you are a Contractor, the Payments Data Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.
2.1.4 Information We Automatically Collect from Your Use of the Lightpose Platform and Payment Services.
When you use the Lightpose Platform and the Payment Services, we automatically collect personal information about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Lightpose Platform and any applicable Payment Services.
Geo-location Information. When you use certain features of the Lightpose Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Lightpose may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
Usage Information. We collect information about your interactions with the Lightpose Platform such as the pages or content you view, your searches for portfolios, bookings you have made, and other actions on the Lightpose Platform.
Log Data and Device Information. We automatically collect log data and device information when you access and use the Lightpose Platform, even if you have not created a Lightpose Account or logged in. That information includes, among other things: details about how you’ve used the Lightpose Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Lightpose Platform.
Do Not Track Signals. While you may disable the usage of cookies through your browser settings, the Lightpose Platform currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted.
Payment Transaction Information. Lightpose collects information related to your payment transactions through the Lightpose Platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and Lightpose Payments and to allow the provision of the Payment Services.
2.1.5 Information We Collect from Third Parties.
Lightpose may collect information, including personal information, that others provide about you when they use the Lightpose Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the Lightpose Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your Personal Information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
Third Party Services. If you link, connect, or login to your Lightpose Account with a third party service (e.g. Google, Facebook, WeChat), the third party service may send us information such as your registration, friends list, and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
Your References. If someone has written a reference for you, it will be published on your Lightpose public profile page with your consent.
Background Information. For Users in the United States, to the extent permitted by applicable laws, Lightpose may obtain reports from public records of criminal convictions or sex offender registrations. For Users outside of the United States, to the extent permitted by applicable laws and with your consent where required, Lightpose may obtain the local version of police, background or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports.
Referrals. If you are invited to Lightpose, the person who invited you may submit personal information about you such as your email address or other contact information.
Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Lightpose Platform through partnerships, or about your experiences and interactions from our partner ad networks.
2.2 Children’s Data.
Our websites and applications are not directed to children under 16 and we do not knowingly collect any personal information directly from children under 16. If you believe that we processing the personal information pertaining to a child inappropriately, we take this very seriously and urge you to contact us using the information provided under the “Contact Us” section below.
3. HOW WE USE INFORMATION WE COLLECT
We may use, store, and process personal information to: (1) provide, understand, improve, and develop the Lightpose Platform, (2) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with all Lightpose Policies) and (3) provide, personalize, measure, and improve our advertising and marketing.
3.1 Provide, Improve, and Develop the Lightpose Platform. We may use the personal information to provide, improve, and develop the Lightpose Platform such as to:
○ enable you to access and use the Lightpose Platform,
○ enable you to communicate with other Users
○ operate, protect, improve, and optimize the Lightpose Platform and experience, such as by performing analytics and conducting research,
○ provide customer service,
○ send you service or support messages, updates, security alerts, and account notifications,
○ if you provide us with your contacts’ information, we may process this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection,
○ to operate, protect, improve, and optimize the Lightpose Platform and experience, and personalize and customize your experience (such as making portfolio suggestions, ranking search results), and conduct profiling based on your interactions with the Lightpose Platform, your search and booking history, your profile information and preferences, and other content you submit to the Lightpose Platform, and
○ enable your use of our enterprise products.
3.2 Create and Maintain a Trusted and Safer Environment. We may use the personal information to create and maintain a trusted and safer environment such as to:
○ detect and prevent fraud, spam, abuse, security incidents, and other harmful activity,
○ conduct security investigations and risk assessments,
○ verify or authenticate information or identifications provided by you (such as to verify your Services address or compare your identification photo to another photo you provide),
○ conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required,
○ comply with our legal obligations,
○ Resolve any disputes with any of our Users and enforce our agreements with third parties,
○ enforce our Terms of Service and other policies, and
○ in connection with the activities above, we may conduct profiling based on your interactions with the Lightpose Platform, your profile information and other content you submit to the Lightpose Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Lightpose Platform if such processes detect activity that we think poses a safety or other risk to the Lightpose Platform, our community, or third parties. If you challenge the decisioning based on the automated process, please contact us as provided in the Contact Us section below.
We process this personal information for these purposes given our legitimate interest in protecting the Lightpose Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
3.3 Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may use the personal information to provide, personalize, measure, and improve our advertising and marketing such as to:
○ send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Lightpose or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google),
○ personalize, measure, and improve our advertising,
○ administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Lightpose or its third party partners,
○ conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Lightpose Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you,
○ enrolling in an email subscription will not affect the frequency of administrative emails that we may send in connection with any Lightpose Account. No fee is charged for sending promotional emails to you, but third-party data rates may apply. Note that you may not be able to take advantage of certain promotions if you do not have a Lightpose Account, and
○ invite you to events and relevant opportunities (for example, when you share your Contractor story, we may use the information provided to reach out to you to invite you to relevant events).
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.
3.4 How the Payments Data Controller uses the Personal Information Collected. We may use the personal information as a part of Payment services such as to:
○ Enable you to access and use any Payment Services.
○ Detect and prevent fraud, abuse, security incidents, and other harmful activity.
○ Conduct security investigations and risk assessments.
○ Conduct checks against databases and other information sources.
○ Comply with legal obligations (such as anti-money laundering regulations).
○ Enforce all applicable payment terms and other payment policies.
With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.
The Payments Data Controller processes this personal information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
3.5 Your Choices
You have choices on the promotional messages that you choose to receive.You can limit the information you provide to Lightpose. Participation in promotions and marketing programs is voluntary. You can limit the communications that Lightpose sends to you. To opt-out of marketing emails, simply click the link labeled “unsubscribe” at the bottom of any marketing email we send you or access the notification settings in your Lightpose Account.
You can always update your notification settings within your Lightpose Account by visiting the Notifications section of your Lightpose Account. Please note that even if you opt-out of marketing communications, we may still need to contact you with important transactional information about your account. For example, even if you opt-out of emails, we may still send you activity confirmations or fraud alerts.
4. SHARING & DISCLOSURE
4.1 Advertising and Social Media; Sharing With Your Consent.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Lightpose Account or when you participate in promotional activities conducted by Lightpose partners or third parties.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Lightpose Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal information are not controlled or supervised by Lightpose. Therefore, any questions regarding how your social media platform service provider processes your personal information should be directed to such provider.
Please note that you may, at any time ask Lightpose to cease processing your data for these direct marketing purposes by sending an e-mail to email@example.com.
4.2 Sharing between Users.
To help facilitate bookings or other interactions between Users, we may need to share certain information, including personal information, with other Users, as it is necessary for the adequate performance of the contract between you and us, as follows:
When you as a Client submit a booking request, certain information about you is shared with the Contractor (and Co-Contractor, if applicable), including your profile, full name, the full name of any additional Clients, your cancellation history, and other information you agree to share. When your booking is confirmed, we will disclose additional information to assist with coordinating the Services, like your phone number.
When you as a Contractor (or Co-Contractor, if applicable) have a confirmed booking, certain information is shared with the Client (and the additional Clients they may invite, if applicable) to coordinate the booking, such as your profile, full name, phone number, and Services requested.
When you as a Contractor invite another User to become a Co-Contractor, you authorize the Co-Contractor to access and update your information and User Content, including but not limited to certain information like your full name, phone number, Services address, calendar, portfolio information, portfolio photos, and email address.
When you as a Client invite additional Clients to a booking, your full name, Service dates, Contractor name, portfolio details, the Services address, and other related information will be shared with each additional Client.
We don’t share your billing and payout information with other Users.
4.3 Profiles, portfolios, and other Public Information.
The Lightpose Platform lets you publish information, including personal information, that is visible to the general public. For example: parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
portfolio pages are publicly visible and include information such as the Services approximate location (neighborhood and city) or precise location (where you have provided your consent), portfolio description, calendar availability, your public profile photo, aggregated demand information (like page views over a period of time), and any additional information you choose to share.
After completing a booking, Clients and Contractors may write Reviews and rate each other. Reviews and Ratings are a part of your public profile page and may also be surfaced elsewhere on the Lightpose Platform (such as the portfolio page).
If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the Lightpose Platform, that content is publicly visible.
Based on our legitimate interest to promote the Lightpose Platform we may display parts of the Lightpose Platform (e.g., your portfolio page) on sites operated by Lightpose’s business partners, using technologies such as widgets or APIs. If your portfolios are displayed on a partner’s site, information from your public profile page may also be displayed.
Information you share publicly on the Lightpose Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
4.4 Additional Services by Contractors.
Contractors may need to use third party services available through the Lightpose Platform to assist with managing their Services or providing additional services requested by you. Contractors may use features on the Lightpose Platform to share information about the Client (like Service dates, Client name, Client phone number) with such third party service providers for the purposes of managing the Services, or providing other services. Contractors are responsible for third party service providers they use and ensuring those service providers process Client information securely and in compliance with applicable law including data privacy and data protection laws.
4.5 Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.
Lightpose may disclose your information, including personal information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Lightpose, (iii) to respond to valid requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Services or other agreements with Users, or (v) to protect the rights, property or personal safety of Lightpose, its employees, its Users, or Users of the public. For example, Contractor tax information may be shared with tax authorities or other governmental agencies.
These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Lightpose Platform secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage.
Where appropriate, we may notify Users about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Lightpose’s property, its Users and the Lightpose Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that User about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
4.6 Service Providers.
Lightpose and Lightpose Payments uses a variety of third-party service providers to help us provide services related to the Lightpose Platform and any applicable Payment Services. Service providers may be located inside or outside of the European Economic Area (“EEA”). In particular, our service providers are based in Europe, India, Asia Pacific and North and South America.
For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Lightpose Services through third party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services, or (vii) process, handle or assess insurance claims or other similar claims. These providers have limited access to your personal information to perform these tasks on our behalf, and are contractually bound to protect the personal information and only use the personal information in accordance with our instructions. Lightpose will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
4.7 Corporate Affiliates.
To enable or support us in providing the Lightpose Platform and the Payment Services, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control.
Sharing with Lightpose, Inc. Even if your country of residence is not the United States, your information may be shared with Lightpose, Inc. which provides the technical infrastructure for the Lightpose Platform, product development and maintenance, customer support, trust and safety and other business operation services to other Lightpose entities. The data sharing is necessary for the performance of the contract between you and us and is based on our legitimate interests in providing the Lightpose Platform globally.
Additionally, we share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the Lightpose Platform and our affiliates’ services.
4.8 Business Transfers.
4.9 Aggregated Data.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes.
5. OTHER IMPORTANT INFORMATION
5.1 Analyzing your Communications.
We may review, scan, or analyze your communications on the Lightpose Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Lightpose's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
5.2 Linking Third Party Accounts.
You may link your Lightpose Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” When you create this link:
○ some of the information you provide to us from the linking of your accounts may be published on your Lightpose Account profile;
○ your activities on the Lightpose Platform may be displayed to your Friends on the Lightpose Platform and/or that third party site;
○ a link to your public profile on that third party social networking service may be included in your Lightpose public profile;
○ other Lightpose users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
○ other Lightpose users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking service;
○ the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
○ the publication and display of information that you provide to Lightpose through this linkage is subject to your settings and authorizations on the Lightpose Platform and the third party site.
We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
5.3 Third Party Partners & Integrations
The Lightpose Platform may contain links to third party websites or services, such as thirdparty integrations, co-branded services, or third party-branded services (“Third Party Partners”). Lightpose doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Lightpose, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
6. YOUR RIGHTS
You may exercise any of the rights described in this section before your applicable Lightpose Data Controller and Payments Data Controller by sending an email to firstname.lastname@example.org. Please note that we may ask you to verify your identity and request before taking further action on your request.
6.1 Managing Your Information.
You may access and update some of your information through your Account settings. If you have chosen to connect your Lightpose Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
6.2 Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Lightpose Account).
6.3 Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
6.4 Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely. Please note that if you request the erasure of your personal information:
We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Lightpose Account for fraud or safety reasons, we may retain certain information from that Lightpose Account to prevent that User from opening a new Lightpose Account in the future.
We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Lightpose may keep some of your information for tax, legal reporting and auditing obligations.
Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the Lightpose Platform, even after your Lightpose Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
Because we maintain the Lightpose Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
6.5 Withdrawing Consent and Restriction of Processing.
If we are processing your personal information based on your consent you may withdraw your consent at any time by changing your Account settings or by sending a communication to Lightpose specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where: (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 6.6 and pending the verification whether the legitimate grounds of Lightpose override your own.
6.6 Objection to Processing.
In some jurisdictions, applicable law may entitle you to require Lightpose not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Lightpose will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
Where your personal information is processed for direct marketing purposes, you may, at any time ask Lightpose to cease processing your data for these direct marketing purposes by sending an e-mail to email@example.com.
6.7 Lodging Complaints.
You have the right to lodge complaints about our data processing activities by filing a complaint with our Data Protection Officer who can be reached by the “Contact Us” section below or with a supervisory authority.
7. OPERATING GLOBALLY & INTERNATIONAL TRANSFERS
7.1 EU-US & Swiss-US Privacy Shield.
Under the Privacy Shield Framework, Lightpose is subject to the authority of the Federal Trade Commission. If you have any questions or concerns relating to our Privacy Shield certification, contact us via email. If we are not able to resolve your concern, you may also contact your European Data Protection Authority or Commission. In certain circumstances, you may also have the right to pursue binding arbitration through the Privacy Shield Framework, as described in Annex I to the Privacy Shield Principles.
7.2 California & Vermont Residents.
Lightpose will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.
7.3 California Privacy Rights.
California law permits Users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the “Contact Us” section for where to send such requests. Lightpose does not share personal information with third parties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Lightpose Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Lightpose Account, please contact us following the instructions in the Contact Us section below.
10. CONTACT US