Terms of Service

Effective Date: February 01, 2024

Welcome to Adlumes, LLC. (“Adlumes,” “we,” “our,” or “us”). Our mission is to provide you with a range of engaging and informative services, including podcasts, newsletters, websites, the Adlumes Store, mobile apps, and related social media pages (collectively, the “Services”).

These Terms of Service (“Terms”) are an integral part of the overall agreement (“Agreement”) between you and us, which encompasses:

  1. Our Privacy Policy, explaining how we collect and utilize your information.
  2. Our Shipping, Refunds, and Returns Policy, governing orders placed at the Adlumes Store.

By utilizing the Services, you acknowledge and agree to be bound by this Agreement. Please read these Terms carefully before accessing or using our Services. If you disagree with any part of this Agreement, please refrain from using our Services.

Please be aware that Section 9 includes an arbitration provision and a waiver of class action rights. By accepting these Terms of Service, you consent:

(a) To address all disputes with us through binding individual arbitration, relinquishing your entitlement to have those disputes adjudicated by a judge or jury. (b) To forfeit your right to engage in class actions, class arbitrations, or representative actions.

You maintain the option to opt-out of arbitration, as delineated in Section 9

1. Content

Intellectual Property Rights

Except for content contributed by users of the Services (“User Content”), all materials found on the Services, including all content, as well as the auditory, software, visual, textual, and overall aesthetics of the Services, and all associated trademarks, copyrights, patents, and other intellectual property rights (“Proprietary Materials”), are either owned or under the control of Adlumes, our subsidiaries, affiliated companies, contributors, third-party licensors, or advertising partners. You are prohibited from altering, deleting, removing, enhancing, adding to, publishing, transmitting, engaging in the transfer or sale of, creating derivative works from, or exploiting any Proprietary Materials or other protectable elements of the Services, in whole or in part, unless expressly stated otherwise. Subject to your compliance with this Agreement and any additional relevant policies concerning the Services, we grant you a non-exclusive, non-transferable, revocable limited license, subject to the restrictions herein, to access and utilize the Services and Proprietary Materials for your personal non-commercial entertainment purposes, consistent with the intended purpose of the Services. You agree not to employ the Services for any other purpose.

You may have the opportunity to post, upload, or submit content to be made accessible through the Services (“Your Content”). As a condition of using the Services, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, global, transferable, sublicensable license to access, employ, host, cache, store, reproduce, transmit, exhibit, publish, distribute, modify, adapt, and generate derivative works from Your Content, either individually or as part of a collective work. Additionally, you consent to (a) other Services users having the right to comment on and/or tag Your Content and/or using, publishing, displaying, modifying, or including a copy of Your Content as part of their own utilization of the Services, and (b) us having the right to make any of Your Content available to third parties, allowing these third parties to distribute, create derivative works from, comment on, and analyze your Content on other media and services, either individually or as part of a collective work. By posting or submitting Your Content through the Services, you represent and warrant that you possess, or have obtained, all requisite rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights conferred herein for Your Content. You agree that Your Content will not contain materials subject to copyright or other proprietary rights, unless you have the necessary authorization or are otherwise legally entitled to post the material and grant us the aforementioned license.

Third-Party Content & User Content

You acknowledge that the Services may incorporate content provided by users. Any viewpoints, guidance, statements, judgments, services, offers, or other information that constitute part of the content expressed or made available by third parties, including content posted by our contributors or User Content, reflect the opinions of the respective authors and not those of Adlumes or its affiliates, or any of their officers, directors, employees, or agents. Although we reserve the right to filter or decline User Content and other content posted by third parties, we typically review User Content and other third-party content in a limited gatekeeper capacity and do not have an obligation to investigate whether any content or other User Content violates any term of this Agreement. We neither endorse nor assume responsibility for the User Content or any other content posted on the Services by anyone other than Adlumes.

Just as you maintain complete ownership of Your Content (subject to the license granted to us above), all other users of the Services retain ownership of their User Content. You are prohibited from altering, deleting, removing, enhancing, adding to, publishing, transmitting, engaging in the transfer or sale of, creating derivative works from, or in any way exploiting any User Content, either wholly or in part.

2. Conduct

As a user, you commit to utilizing the Services exclusively for lawful purposes. In addition to the general guidelines mentioned earlier, specific prohibited activities encompass, but are not confined to:

  1. Engaging in, endorsing, or participating in criminal or tortious activities, such as fraud, the distribution of obscene or illicit material, drug-related activities, underage drinking, gambling, acts of violence, harassment, stalking, spamming, spimming, or transmitting viruses or other harmful files.
  2. Promoting, endorsing, or participating in dangerous behaviors or actions that are abusive, threatening, obscene, defamatory, or libelous.
  3. Posting, uploading, or sharing content that contravenes any of the prohibitions outlined herein or constitutes copyright infringement, patent infringement, or misappropriation of trade secrets.
  4. Attempting to evade, disable, or otherwise disrupt security-related features of the Services or features designed to prevent or limit the use or replication of any content, or to enforce restrictions on the use of the Services or its content.
  5. Utilizing software that intercepts, mines, or gathers information about other users or copies and stores any Proprietary Materials (as defined below).
  6. Disrupting, interfering with, or imposing an undue burden on the Services or the networks or services linked to the Services.
  7. Attempting to impersonate another user or individual.
  8. Soliciting personal information from individuals under the age of 18.
  9. Collecting, harvesting, soliciting, or posting personally identifiable information about anyone other than yourself.
  10. Exploiting information acquired from the Services to harass, abuse, or harm another person, whether they are a user or a contributor.
  11. Using the Services for commercial purposes.

You affirm and guarantee that neither your actions on the Services nor Your Content will transgress any of the prohibited behaviors delineated above.

3. LINKS

The Services may provide links or other means to direct you to websites operated by third parties. Please be aware that we do not actively monitor or control these linked sites. Consequently, we do not make any representations regarding the accuracy, completeness, timeliness, reliability, or availability of the content uploaded, displayed, or distributed, nor do we endorse, sponsor, or recommend the products or services offered at these sites. Should you choose to access any third-party site, you do so entirely at your own risk.

It is important to note that the mere presence of a link to a third-party site does not imply our endorsement, sponsorship, or recommendation of the third party or the content, products, or services provided on or accessible through that third-party site.

We reserve the right to disable links to third-party sites if necessary.

4. CERTAIN SERVICES

Adlumes Store

If you make purchases of physical or digital products or services through the Services (“Offerings”) from the Adlumes Store, the following terms apply:

  1. Products: We have taken every effort to accurately display the colors and images of the Offerings available in the store. However, please note that we cannot guarantee the accuracy of color representation on your computer monitor. We reserve the right to limit the quantities of any Offerings. Descriptions of Offerings are subject to change at our discretion and without prior notice. We also reserve the right to discontinue any Offering at any time. Any offers for Offerings made on this site are void where prohibited.
  2. Orders: To facilitate the Adlumes Store, we work with third-party partners for inventory management, order processing, and payment handling.
    Acceptance: After receiving your order for an Offering, we will send you an order confirmation via email. Clicking the “View Order Status” button in that email will take you to your order status page, where you can monitor the order’s progress and access tracking information. Please be aware that our receipt of an order or an order confirmation does not necessarily indicate our acceptance of your order. We reserve the right to accept or decline your order at our sole discretion, even after you have been billed. If we cancel an order after you have been billed, we will issue a refund for the billed amount.
    Order Processing: The processing times in our warehouse may vary for each item in your order. Typically, in-stock orders are shipped within six to ten (6-10) business days from the date of order placement unless otherwise indicated in the product’s shipping description page and in your confirmation email alongside each item. Since each purchased item has its specific warehouse processing time, certain products may delay the shipment of your entire order. Please note that estimated shipping times displayed at checkout do not include processing time. Orders received after 2 pm EST will commence processing on the following business day. Orders placed on Saturdays and Sundays will start processing on the following Monday, excluding federal holidays. Once your order is en route, you will receive a second shipping notification via email, including tracking details. The order status will be marked as “Shipped” or “Delivered” once it arrives at its destination.
    Order Changes: We process orders expeditiously to ensure prompt delivery. If your order has not entered the processing stage, we will make every effort to accommodate update requests, such as address changes or order cancellations. However, once your order has entered the processing queue at our distribution center, changes can only be made to update the shipping address or cancel the order. We strongly advise reviewing all information carefully before finalizing your order. If you identify an error in your shipping address, please contact us immediately with the correct information.
    Order Changes: We process orders expeditiously to ensure prompt delivery. If your order has not entered the processing stage, we will make every effort to accommodate update requests, such as address changes or order cancellations. However, once your order has entered the processing queue at our distribution center, changes can only be made to update the shipping address or cancel the order. We strongly advise reviewing all information carefully before finalizing your order. If you identify an error in your shipping address, please contact us immediately with the correct information.
  3. Payment: You acknowledge and agree that all information provided for the purchase of Offerings, including credit card, PayPal, or other payment details, must be accurate, current, and complete. By completing a transaction, you represent and warrant that you have the legal right to use the payment method provided, including any credit card information. If applicable, taxes on Offerings are charged based on the tax laws applicable to the shipping or delivery location. During checkout, the appropriate taxes will be added to the order total. Please note that the tax amount displayed during checkout is an estimate and may slightly vary from the actual tax amount payable due to different tax rates based on the item(s)’ origin and destination, among other factors. By purchasing Offerings, you (a) agree to pay the specified price for the Offerings, as outlined in the relevant Service, along with all associated shipping and handling charges and applicable taxes (the “Full Purchase Amount”), and (b) authorize us to charge your credit card or chosen payment method for the Full Purchase Amount. Unless stated otherwise, all currency references are in U.S. Dollars. Payment for fees and charges is required according to the payment terms in effect at the time the fee or charge becomes payable. Payment can be made via credit card, debit card, or other payment methods that we may offer. Orders will not be processed until full payment is received, and any account holds imposed by payment processors are solely your responsibility.
  4. Promotional Codes: We may provide certain promotional codes, referral codes, discount codes, coupon codes, or similar offers (“Promotional Codes”) that can be redeemed for discounts on future Offerings or other related features or benefits of the Services. The use of Promotional Codes is subject to specific terms that we establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) should be used for their intended audience and purpose; (c) may not be duplicated, sold, or transferred in any manner, or made publicly available, unless expressly permitted by us; (d) may be disabled or subject to additional conditions by us at our discretion and at any time without liability to us; (e) should only be used according to the specific terms we establish for each Promotional Code; (f) are not redeemable for cash or other credits or points; and (g) may have expiration dates before your use.
  5. Shipping, Returns, and Refunds: Please refer to our comprehensive Shipping, Returns, and Refunds Policy for detailed information regarding these aspects of Offerings orders. We want to highlight a few key points here:
    Partial Orders: We retain the right to ship partial orders, and this will not incur any additional charges for you. In such cases, the portion of your order that has been partially shipped may be charged at the time of shipment.
    Shipping Methods: All orders are dispatched through one of our third-party couriers. Please be aware that once we hand over your order to the carrier, title and risk of loss for physical products are transferred to you. Online tracking for your shipment may be available via our courier’s website (e.g., FedEx). However, we cannot provide guarantees regarding the availability of online tracking, as it is not within our control.
    Delivery Timeframe: While we endeavor to meet scheduled delivery times, we cannot assure delivery by any specific date or time. Factors beyond our control may impact delivery, and we appreciate your understanding in this regard.

Special Promotions

From time to time, we may extend the opportunity for you to participate in various Special Promotions, including drawings, contests, giveaways, and other exciting offers, through our Services. When you decide to register for any Special Promotion, please take note of the following important points:

  • Compliance with Official Rules: By registering for a Special Promotion, you agree to adhere to the official rules that govern that particular Special Promotion. These rules may contain specific requirements, and in most cases, they may grant the sponsor(s) of the Special Promotion the right to utilize your name, voice, and/or likeness in their advertising or marketing related to the Special Promotion.
  • Personal Information Disclosure: If you opt to participate in a drawing, contest, or any other type of promotion, please be aware that certain personally identifiable information may be disclosed to third parties or made public as part of the administration of the Special Promotion. This disclosure may include, but is not limited to, instances where it is necessary for winner selection, prize distribution, or as mandated by law or as allowed by the official rules of the Special Promotion. Such information may also be included in a winners list.

We encourage you to review the official rules associated with each Special Promotion carefully before participating. These rules will outline any specific requirements or conditions and provide additional details regarding the promotion. Your participation in these Special Promotions is subject to your acceptance of the official rules and the terms stated therein.

5. THIRD-PARTY COMPANIES AND PROVIDERS

Within the Services, you may have the ability to request and acquire products, information, and services from entities that are not owned or operated by us. It is important to understand that all matters related to the purchase, payment, warranty, guarantee, delivery, maintenance, and any other aspects concerning merchandise, services, information, opinions, or advice obtained from these external businesses are solely your responsibility and exist solely between you and these businesses. We neither endorse nor provide warranties or guarantees for such products, information, or services, and we do not assume liability for the accuracy, completeness, or utility of this information, or for the quality or availability of the products or services. Furthermore, we do not participate in or monitor transactions between you and third-party providers offering such products, services, or information, nor do we take responsibility for safeguarding the confidentiality of your credit card information. Any charges or obligations incurred in your interactions with these third parties are your own responsibility and are separate from any fees, if applicable, related to the Services.

Additionally, the Services may prompt you to establish an account with a third-party service provider that is not owned or operated by us. Your relationship and understanding with any such third-party service provider are solely between you and that service provider. Any disputes that may arise with such third-party service providers must be resolved exclusively between you and the service provider.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

The Services are provided by us on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we disclaim all implied warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, neither we nor any third-party provider make any representation or warranty of any kind, express or implied, including but not limited to:

  • The operation of the Services, or the information, content, materials, or products included therein.
  • The guarantee of 100% secure, uninterrupted, or error-free use of the Services.
  • The accuracy, reliability, or currency of any information, content, or service provided through the Services.
  • The absence of viruses or other harmful components in the servers or emails sent from us.

Adlumes expressly disclaims any and all liability for the actions of its users or the content of any User Content.

We shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of the Services or the purchase of any product therein, even if we or the respective provider have been advised of the possibility of such damages. Under no circumstances will our liability to you exceed the total amount you have paid to us during the one hundred and eighty (180) days immediately preceding the date on which you first assert any such claim. If you have not made any payments during that time period, you acknowledge that your sole recourse is to discontinue using the Services and terminate your account.

Please be aware that certain state laws may not permit limitations on implied warranties or the exclusion or limitation of particular damages. If these laws are applicable to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

7. LEGALITY

You are bound by the laws of the state(s) and countries where you reside and access the Services. It is your sole responsibility to comply with these laws. You understand that we cannot be held liable if the applicable laws in your jurisdiction restrict or prohibit your use of the Services. We do not make any explicit or implied representations or warranties regarding your legal eligibility to participate in any Services, contests, sweepstakes, or tournaments offered through the Services. No individual associated with the Services, or claiming affiliation with the Services, has the authority to provide such representations or warranties.

8. APPLICABLE LAW; JURISDICTION

The Services are developed and operated by us in the State of New York. Therefore, the laws of the State of New York will govern this Agreement, without regard to any provisions of New York law that may direct the application of another state’s laws.

Except as specified in the Binding Arbitration section below, you hereby unconditionally and irrevocably consent to the exclusive jurisdiction of the federal and state courts located in New York, New York for any disputes arising from or related to the use of the Services or purchases made through the Services. You also agree not to initiate any litigation related to such matters except in these courts.

9. BINDING ARBITRATION

Any dispute or claim arising from this Agreement, including any questions regarding its arbitrability, will be resolved through binding arbitration. The arbitration proceedings will be conducted by a single arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules”), with modifications specified in this Agreement. This arbitration will take place in New York, New York, and may be initiated by any party in accordance with the JAMS Rules. The demand for arbitration must be made within a reasonable period after the claim or dispute arises, and no later than the date when the initiation of legal proceedings based on such claim or dispute would be barred by the applicable statute of limitations.

Discovery matters will be determined by the arbitrator. Post-hearing briefs will be allowed. The arbitrator will issue a decision within twenty (20) days after the conclusion of the hearing(s). The arbitrator will have no authority to alter, extend, modify, or suspend any terms of this Agreement, or to grant any award exceeding what is available from a court under the applicable statutory or common law theory. The arbitrator will provide a written opinion that includes the factual and legal basis for the decision and award. The arbitrator will apply the substantive law (and the law of remedies, if relevant) of New York or federal law, as applicable to the asserted claim(s). A judgment based on the award may be entered in any court of competent jurisdiction.

The parties may seek provisional remedies or injunctive relief from a court of competent jurisdiction in support of their respective rights and remedies under this Agreement without waiving the right to arbitration. However, any action involving such provisional remedies or injunctive relief, including the terms of any permanent injunction, will be subject to arbitration. The arbitrator will allocate all arbitration costs and expenses (including legal and accounting fees and expenses of the respective parties) based on the parties’ relative success in the arbitration, including the successful assertion of defenses.

You agree to pursue arbitration as an individual and not as a representative or member of any class action proceeding. By agreeing to arbitrate disputes, you acknowledge and agree that you are irrevocably waiving any right to a trial by jury in any legal proceeding arising from or related to this Agreement or the activities contemplated herein.

10. INDEMNIFICATION

You agree to indemnify and hold Adlumes, our subsidiaries, affiliates, and our respective officers, agents, partners, and employees harmless from any losses, liabilities, claims, or demands, including reasonable attorney’s fees, made by any third party as a result of or arising from your violation of this Agreement and/or any of the representations and warranties you have made herein.

11. SEVERABILITY

The provisions of this Agreement are intended to be separable. If any provision of this Agreement is found to be invalid or unenforceable in whole or in part in any jurisdiction, such provision will be ineffective only to the extent of such invalidity or unenforceability in that jurisdiction. This will not affect the validity or enforceability of the provision in any other jurisdiction or the remaining provisions of this Agreement in any jurisdiction.

12. ELECTRONIC COMMUNICATIONS

By using the Services or sending emails to us, you are engaging in electronic communication. You consent to receive communications from us electronically. We will communicate with you via email or by posting notices within the Services. You agree that all agreements, notices, disclosures, and other communications provided to you electronically meet any legal requirement for written communication.

13. OTHER

This Agreement is considered accepted upon any use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not be construed as a waiver of that right or provision. Section titles in this Agreement are provided for convenience and have no legal or contractual effect.

14. SUPPORT

We will make reasonable efforts to assist you with any inquiries or issues you may encounter while using the Services or making purchases through them, subject to the terms of this Agreement. To contact our customer support team, please email us at support@adlumes.com. Providing our representatives with all necessary information will expedite the resolution of your issue.

15. MODIFICATION

We retain the right to modify the Services, posted policies, and this Agreement at any time without prior notice, except for the updated Agreement’s reposting. We will attempt to notify you of significant changes by directly communicating them to you (if we have your contact information), displaying temporary banners within the Services, or through other means highlighting such changes.

For any inquiries regarding this Agreement, please contact us at support@adlumes.com.