Terms and Conditions, and, End User License Agreement

These terms and conditions create a contract between you and Luuply (the “Agreement”). Please read this Agreement carefully. By continuing to use the site and any of its assets, you are confirming your understanding and acceptance of the Agreement.

A. INTRODUCTION TO OUR SERVICES

This Agreement governs your use of Luuply’s services (“Services”), through which you can post, read, interact with, subscribe to, and buy access to content and other in-site services (collectively, “Content”). Content may be offered through the Services by Luuply or a third party. Our Services are available for use in your country of residence. To use our Services, you need compatible hardware, software, and Internet access. Our Services’ performance may be affected by these factors.

B. USING OUR SERVICES

CONTENT USAGE

Luuply thrives from the contributions by the community around it, and we’d acknowledge the work that our community has put in to making Luuply a safe and interactive environment. When you post something on Luuply, you will maintain the copyright and ownership to, but not limited to, any written, audio-visual, or oral content. By submitting content, you hereby grant Luuply a worldwide, royalty-free, perpetual, nonexclusive license to use the materials you submit within the Services and related marketing, and Luuply internal purposes. Luuply does monitor, and may decide to remove or edit any submitted materials.

If you believe that your content’s copyright has been infringed upon, you may contact [email protected]. Luuply is committed to honoring and amending DMCA claims, in compliance with 17 U.S.C. Section 102 and Section 512. By posting and using material from Luuply, you agree to not bring any suit or action against Luuply or any of its staffers, contractors, or affiliates, including on the grounds of copyright violation.

You may use the Services and the Content only for personal, noncommercial purposes. Luuply’s delivery of Content does not transfer any commercial or promotional rights to you, and does not constitute a grant or waiver of any rights of the copyright owners. You may not tamper with or circumvent any security technology included with the Services. You may access our Services only by legitimate means, and may not modify or use modified versions of the software.

CONTENT AND SERVICE AVAILABILITY

Terms found in this Agreement that relate to Services, Content types, features, or functionality not available in your country of residence are not applicable to you unless and until they become available to you.

SUBMISSIONS GUIDELINES

You may not use the Services to post any materials that you do not have permission, right, or license to use; post objectionable, offensive, unlawful, deceptive or harmful content; post personal, private, or confidential information belonging to others; use the services while impersonating another person in order to threaten damages or cause irreparable harms (“doxing”), request personal information from a minor, post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements; or plan or engage in any illegal, fraudulent, or manipulative activity.

C. AGE OF USE AND CONSENT

Luuply is not designed to serve children under the age of 13 (“children”), but is targeted at persons under the age of 18 (“minors”). If Luuply finds that an account is being operated by a minor, it maintains the ability and obligation to terminate that account, either until the child grows to the age of 13, or permanently, at Luuply’s discretion. In order to comply with the Children’s Online Privacy Protection Act of 1998 (COPPA), Luuply may ask identifying or “age identifying” questions directly to an account holder, including on educational status, marital status, or some other knowledge factor.

It is Luuply’s policy that, if a minor is involved in a code of conduct violation, to not identify them, except to the applicable law enforcement authorities.

D. CSAM POLICY

Responding to incidents of child sexual abuse material (CSAM) online was, and will continue to be a priority at Luuply. The stories of CSAM are horrifying and tragic, and they bring to light a terrible corner of the Internet. Our stance on CSAM is simple: we don’t tolerate it. It is a crime, and we do what we can to support the processes to identify and remove that content.

Luuply maintains a zero-tolerance policy for CSAM, and we maintain the right to do everything in our power to make sure that this sort of abhorable material stays off of our platform. If a user is caught posting, inappropriately referencing, linking to, or otherwise promoting CSAM, we will immediately respond by removing the material, permanently terminating the account, and reporting the incident to the applicable law enforcement authorities. Additionally, we may choose to, at our own discretion, blacklist IP addresses, and do whatever other steps necessary to ensure that the user stays off of our platform.

In addition to Luuply staffers manually monitoring forums and postings for CSAM, we also use tools to identify CSAM, including Cloudflare CSAM monitoring, which uses PhotoDNA APIs. By using and posting Content using the Services, you agree to Cloudflare’s CSAM monitoring terms. We also encourage you to report CSAM violations by emailing [email protected].

E. CODE OF CONDUCT AND REPORTING GUIDELINES

Diversity is one of our huge strengths, but it can also lead to communication issues and unhappiness. To that end, we have a few ground rules that we ask people to adhere to. This code applies equally to founders, mentors and those seeking help and guidance.

This isn’t an exhaustive list of things that you can’t do. Rather, take it in the spirit in which it’s intended – a guide to make it easier to enrich all of us and the technical communities in which we participate. This code of conduct applies to all spaces managed by Luuply or the Luuply development team. This includes any websites managed by Luuply, mailing lists, events, and any other forums created or managed by the project team which the community uses for communication. In addition, violations of this code outside of these spaces may impact a person’s ability to participate within them.

If you believe someone is violating this code of conduct, please report it by emailing [email protected]. For more details, see the Reporting Guidelines below.

THE CODE

  • Be friendly and patient.
  • Be welcoming. We strive to be a community that welcomes and supports people of all backgrounds and identities. This includes, but is not limited to members of any race, ethnicity, culture, national origin, colour, immigration status, social and economic class, educational level, sex, sexual orientation, gender identity and expression, age, size, family status, political belief, religion, and mental and physical ability.
  • Be considerate. Your work will be used by other people, and you in turn will depend on the work of others. Any decision you take will affect users and colleagues, and you should take those consequences into account when making decisions. Remember that we’re a world-wide community, so you might not be communicating in someone else’s primary language.
  • Be respectful. Not all of us will agree all the time, but disagreement is no excuse for poor behavior and poor manners. We might all experience some frustration now and then, but we cannot allow that frustration to turn into a personal attack. It’s important to remember that a community where people feel uncomfortable or threatened is not a productive one. Members of the Luuply community should be respectful when dealing with other members, as well as with people outside of the Luuply community. Prohibited behavior includes:
    • Violent threats or language directed against another person.
    • Discriminatory jokes and language.
    • Posting sexually explicit or violent material.
    • Posting (or threatening to post) other people’s personally identifying information (“doxing”).
    • Personal insults, especially those using racist or sexist terms.
    • Unwelcome sexual attention.
    • Advocating for, or encouraging, any of the above behavior
    • Repeated harassment of others. In general, if someone asks you to stop, then you need to stop.
  • When we disagree, try to understand why. Disagreements, both technical and social, happen all the time, and Luuply is no exception. It’s important that we resolve disagreements and differing views constructively. Remember that we’re all different. The strength of Luuply comes from its varied community, and from people with a wide range of backgrounds. Different people have different perspectives on issues. Being unable to understand why someone holds a viewpoint doesn’t mean that they’re wrong. Don’t forget that it is human to err and blaming each other doesn’t get us anywhere. Instead, focus on helping to resolve issues and learning from mistakes.

REPORTING GUIDE

If you believe that someone is violating the code of conduct, we ask that you report it to the Luuply administrators or to the Luuply development team by emailing [email protected]. All reports will be kept confidential. In some cases we may determine that a public statement will need to be made. If that’s the case, the identities of all victims and reporters will remain confidential unless those individuals instruct us otherwise. It is the policy of Luuply administrators and the Luuply development team that the names and identities of minors are not released.

If you believe anyone is in physical danger, please notify appropriate law enforcement first. If you are unsure what law enforcement agency is appropriate, please include this in your report and we will attempt to notify them.

If you are unsure whether the incident is a violation, or whether the space where it happened is covered by this Code of Conduct, we encourage you to still report it. We would much rather have a few extra reports where we decide to take no action, rather than miss a report of an actual violation. We do not look negatively on you if we find the incident is not a violation. And knowing about incidents that are not violations, or happen outside our spaces, can also help us to improve the Code of Trash/Conduct or the processes surrounding it.

In your report, please include:

  • Your contact info (so we can get in touch with you if we need to follow up)
  • Names (real, nicknames, or pseudonyms) of any individuals involved. If there were other witnesses besides you, please try to include them as well, unless it may pose a threat to their safety.
  • When and where the incident occurred. Please be as specific as possible.
  • Your account of what occurred. If there is a publically available record (e.g., a mailing list archive or a public IRC logger) please include a link.
  • Any extra context you believe existed for this incident.
  • If you believe this incident is ongoing.
  • Any other information you believe we should have.

OUR RESPONSE

You’ll receive an email from an administrator or developer acknowledging receipt immediately. We promise to acknowledge receipt within 24 hours, and will aim for much quicker than that.

The appropriate personnel will meet to review the incident and determine:

  • What happened.
  • Whether this event constitutes a code of conduct violation.
  • Who the bad actor was.
  • Whether this is an ongoing situation, or if there is a threat to anyone’s physical safety.

If this is determined to be an ongoing incident or a threat to physical safety, the working groups’ immediate priority will be to protect everyone involved. This means we may delay an “official” response until we believe that the situation has ended and that everyone is physically safe.

Once the working group has a complete account of the events they will make a decision as to how to response. Responses may include:

  • Nothing (if we determine no violation occurred).
  • A private reprimand from the working group to the individual(s) involved.
  • A public reprimand.
  • An imposed vacation (i.e. asking someone to “take a week off” from a mailing list or forum).
  • A permanent or temporary ban from some or all Luuply spaces (mailing lists, forum, etc).
  • A request for a public or private apology.

We’ll respond within one week to the person who filed the report with either a resolution or an explanation of why the situation is not yet resolved.

Once we’ve determined our final action, we’ll contact the original reporter to let them know what action (if any) we’ll be taking. We’ll take into account feedback from the reporter on the appropriateness of our response, but we don’t guarantee we’ll act on it.

Finally, the team will make a report on the situation, and may choose to make the report public, at their discretion.

F. END USER LICENSE AGREEMENT

Content and Services available through Luuply are licensed, not sold or given, to you. Your license to our Services is subject to your prior acceptance of this Licensed End User License Agreement (“EULA”).

You may not transfer, redistribute, or sublicense the Licensed Services. You may not copy (except as permitted by this license and the usage rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Software, any updates, or any part thereof (except and only to the extent that any foregoing restriction is prohibited by the licensing terms governing use of any open-sourced components included with the Licensed Software).

You agree that Luuply may collect and use technical data and related information including, but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Software. Luuply may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

This EULA is effective until terminated by you or Luuply. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.

SERVICE CONTENT

Software and Trademarks: You acknowledge and agree that the Service may contain images and descriptions of sports and academic institutions and other content (the “Service Content”) that is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Luuply, you agree not to modify, copy, copy, frame, rent, lease, loan, sell, distribute, or create derivative works based on the Service or Service Content, except that the foregoing does not apply to your own Content that you legally upload to the Service. In connection with your use of the Service, you shall not engage in or use any data mining, robots, or similar data gathering and extraction methods. Any use of the Service or the Service Content except as expressly authorized is strictly prohibited. The technology underlying the Service (including the Licensed Software distributed in connection therewith) is the property of Luuply, our affiliates, and our partners. You agree not to modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Service, including the Licensed Software.

APPLE-ENABLED SOFTWARE APPLICATIONS

Luuply offers Licensed Software and Services that are intended to be operated in connection with products made commercially by Apple Computer Inc. (“Apple”). With respect to Licensed Software that is made available for your use with an Apple-branded product (such Licensed Software, “Apple-enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following conditions apply:

  • These Terms are concluded between Luuply and you only, and not with Apple.
  • You may not use the Apple-enabled Software in any manner that is in violation of or is inconsistent with the usage rules set forth for Apple-enabled Software in, or otherwise be in conflict with the App Store Terms.
  • Your license to use the Apple-enabled Software is limited to a non-transferable license to use the Apple-enabled Software on an Apple product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-enabled Software.

WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE LICENSED SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

This Agreement and the relationship between you and Luuply shall be governed by the laws of the the State of Virginia, excluding its conflicts of law provisions. You and Luuply agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Arlington, Virginia, to resolve any dispute or claim arising from this Agreement.

If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

G. ENFORCEMENT AND COMPLIANCE

You hereby grant Luuply the rights to take steps Luuply believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Luuply has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Luuply believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Luuply’s right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes on such third party’s rights).

H. FURTHER INFORMATION

As further incentive to read the TOC, EULA and Privacy Policy, the first claimant, as determined by the development team, to email [email protected] acknowledging and understanding the TOC, EULA, and Privacy Policy is entitled to their choice of a free ECD Hero 3.0, 2.0 LE, 12D Goalie, Be ELITE, or Vortex mesh, or Stringking Womens Type 4 or Womens Crux lacrosse mesh, dependent on availability. No purchase necessary. Anyone 13 years of age or older and a resident of the United States can claim the incentive. Void where prohibited by law. You agree that Luuply, its staffers, affiliates, and partners will have no liability whatsoever for any injuries, losses, or damages of any kind resulting from their use of the incentive or their participation in the promotion. The incentive is nontransferable and cannot be exchanged for cash. Ther can be no substitutions for the incentive. Luuply may use your name for publicity purposes without further compensation. All decisions of station management with regard to the awarding of the incentive, the selection of the recipient, and the interpretation of these rules are final. Taxes and expenses as a result of claiming the incentive are the responsibility of the winner. This promotion is closed to Luuply staffers, affiliates, partners, and their families.

Last Updated: July 13, 2020