We (the people who work with Lightness) create free and open source application and run the Lightness social network. We would love for you to use it and help us evolve this document in the direction that best supports and protects Lightness and its community. The Lightness is free. We also offer paid upgrades for advanced features and other commercial services.
Lightness software and services are designed to give you as much control and ownership over your social experience as possible and to encourage you to express yourself freely. However, be responsible in what you publish and use basic Internet safety procedures when posting. In particular, make sure that none of the prohibited items listed in the Lightness content policy, as defined in the specific Section appear on your posts (things like spam, malware, viruses, or illegal content or serious threats of violence.)
If you find content that is objectionable, then Unsubscribe, Block, Report or just swipe on by. Lightness is an open, free and public commons where users respect the right to use free speech. Of course, you may find a violation of these Terms of Service as you traverse Lightness, in which case please Report by email to info@Lightness.app.
These Terms govern your access to the Lightness social network, and Lightness mobile applications and any other online services (collectively, the “Services”) provided by us or our legal affiliates, including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user of the Services (each, a “User”).
Please read these Terms carefully before you start to use our Services. By using any of the Services, you accept these Terms, which means that you are entering a legally binding contract with us. If you do not accept these Terms, or if you violate these Terms in any way, you may not be authorized to access or use the Services.
You understand that we may change these Terms from time to time in our sole discretion and in accordance with Section below. It is your responsibility to periodically check these Terms posted so that you are aware of any changes, as they are binding on you.
Your Lightness Username
- Lightness reserves the right to reclaim any username that has not been active for one year or longer, violates any terms or conditions of these Terms.
Responsibility of Registered Users
You acknowledge that you are solely responsible for all activity that occurs through your channel/profile/account or username and all of your activity on the Lightness Network. You acknowledge that you are solely responsible for keeping your account information (including your access credentials) secret and secure. You shall not sell, rent, lease, lend, transfer, licence or assign your account, credentials, or any account rights. With the exception of people or businesses that are expressly authorised to create accounts on behalf of their employers or clients, Lightness prohibits the creation of accounts on behalf of other persons or entities. Unless you are so authorised, you shall not create a Lightness account on behalf of any other person or entity.
You also acknowledge that:
- You are solely responsible for your interaction with other Users of the Services, whether online or offline. You agree that Lightness is not responsible or liable for the conduct of any User. Lightness reserves the right, but has no obligation, to become involved in disputes between you and other Users.
- You shall not describe or assign keywords in a misleading or unlawful manner, including any manner which trades on the name or reputation of others. Lightness reserves the right to change or remove any content, description or keyword that it considers unlawful or otherwise likely to cause Lightness liability.
- You shall immediately notify Lightness of any unauthorised uses of your username, account or of any other breaches of security by emailing email@example.com
- If you operate a post, or post material to Lightness, post links or create (or allow any third party to create) or otherwise make material available by means of Lightness, including any text, photo, video, audio, code or other work of authorship (any such material, “User Content”), you are entirely responsible for the content of, and any liability resulting from or relating to that User Content or your conduct.
- By using Lightness, you represent and warrant that your User Content and conduct do not and will not violate these Terms (including our Content Policy), infringe the rights of any other person or entity (including intellectual property rights and privacy rights), or violate any applicable law, rule, or regulation as detailed in further section.
- By submitting User Content to Lightness, you grant Lightness a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to use, reproduce, modify, distribute, publish, process and adapt (each, a “Use”) your User Content for the purpose of providing the Services and promoting Lightness and the Services, without any notice of, consent to or compensation for any such use, unless otherwise licensed by the User, through the Services.
- You grant other Users permission to share your User Content on other Lightness channels and add their own User Content to it (e.g., to Remind your User Content).
- All User Content, that is not otherwise marked by the licence owner, is licensed under the All Rights Reserved licence.
- If you delete User Content, Lightness will use reasonable efforts to remove it from the Lightness Network, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.
- By registering an account and making User Content available, you further represent and warrant that the user content does not violate the Lightness Content Policy referenced Section
- Your use of the Services and User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
- Any Use by Lightness of any User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
- If any other party has rights to intellectual property you incorporate into any User Content, you have either (i) received permission from such other to so incorporate such intellectual property into such User Content, including but not limited to any software, or (ii) secured from such other party a waiver as to all rights in or to such User Content;
- You have fully complied with any third-party licenses relating to all User Content and have done all things necessary to grant to Lightness the license set forth under section and to successfully grant to others any relevant rights under any such third-party licenses;
- You also give other Users permission to share your Content under the legal terms outlined in the license you select, whether Creative Commons, All Rights Reserved, or any other available license.
You shall not use or access any of the Services:
- In any way that violates any applicable Italian State Law, state or local law, rule, or regulation (including, without limitation, any intellectual property laws or privacy laws or laws regarding sanctions, or the export of data or software to and from the Italy or other countries);
- To post unlawful, infringing,+ or other content not allowed under these Terms.
- To impersonate, attempt to impersonate, or falsely imply that you are associated with Lightness, another User, or any other person or entity;
- In any manner that could disable, alter, overburden, damage, or impair the Services or the Lightness Network, or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm Lightness or Users of the Services or expose them to liability, including but not limited to transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature intended to cause denial of service;
- To use, distribute, modify, create derivative works from, or copy the Services or any feature of the Services or any User account (including any User Content) in whole or in part, or decompile, reverse engineer, disassemble, attempt to derive the source code or underlying algorithms of the Services or any feature of the Services, except as may be permitted under any license applicable to the Services.
- To create accounts or access data (including User information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper or any such weaponized capability intended as a malware threat to Lightness;
- To attempt to gain unauthorized access, or permit unauthorized access, to the Services or any feature of the Services (including any User account or channel) or any of our related systems or networks, or bypass any measures we take to restrict access to the Services or related systems or networks;
- To substantially replicate products or services offered by Lightness in an impersonating manner, including by republishing Lightness content or creating a separate publishing platform
- Without limiting any of the above representations or warranties or obligations, Lightness reserves the right to, in Lightness’ sole discretion, (i) reject or remove any User Content that, in Lightness’ reasonable opinion, violates any term or condition of these Terms or policies of Lightness or is in any way unlawful (ii) ban and remove any User or Content that, in Lightness’ reasonable opinion, violates any term or condition of these Terms or policies of Lightness or is in any way unlawful or (iii) terminate or deny access to and use of the Services to any person or entity whose use of Lightness and its Services is unlawful.
- In the event a channel is banned due to the breach of these Terms, and the channel owner no longer has access to the channel, Lightness will have no obligation to provide a refund of any kind including refund of any outstanding wallet amounts such as token balances or any amounts previously paid. Please direct any questions to info@Lightness.com.
Intellectual Property Rights
- We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for lawful purposes in accordance with these Terms. The Services contain materials owned or licensed by Lightness, including name, logo, source code and executable code, text, images, audio/visual works, icons and scripts and other intellectual property (collectively, “Lightness Content”). Lightness Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Lightness, Lightness owns and retains all rights in Lightness Content and the Services.
- You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Lightness Content, and you shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any Lightness Content or the Services, except as may be permitted by these Terms.
- You will own all intellectual property rights in User Content you create using the Services except to the extent they incorporate Lightness Content or other intellectual property owned or licensed by Lightness.
- Lightness reserves the right to display attribution text or links in your channel footer or toolbar, denoting attribution to Lightness. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to an enhanced level of service that permits the User to do so.
Reporting Copyright Infringement, Policy and Other Violations
- Lightness prohibits Users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report allegations of infringement, please contact Lightness at firstname.lastname@example.org
- As Lightness asks others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by Lightness violates your copyright, you are encouraged to notify Lightness in. Lightness will respond to all such notices in accordance with applicable law. Lightness will ban or terminate a channel’s access to and use of the Services if, under appropriate circumstances, that channel is determined to be a repeat copyright or intellectual property rights infringer. In the case of such ban or termination, Lightness will have no obligation to provide access to any Services, Lightness Tokens or any refund including any amounts previously paid to Lightness.
Monitoring and Enforcement; Ban and Termination
We have the right to:
- Modify, ban or terminate the Services for any reason, without notice, at any time, and without liability to you;
- Refuse, terminate, or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms and Conditions
- Force forfeiture of any username for any reason.
- Upon any such refusal, termination or suspension of your access to the Services, all licenses and other rights granted to you under these Terms will immediately cease, and any outstanding balance of Off Lightness Tokens will be forfeited to Lightness, the subscription will automatically be terminated.
- As a Lightness User, you agree that Lightness will inject advertised content into your newsfeed to satisfy the demand of Lightness publishers. In addition, you agree that Lightness may Remind advertised content to your feed.
- We may update our Services from time to time, but they will not necessarily be complete or up-to-date at any given time. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such, except as may be required by applicable law.
- Although it is Lightness’ intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled or unscheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or software or hardware.
- Lightness reserves the right to remove any content from the Services that is deemed in violation of these Terms, without prior notice. Content removed from the Services may continue to be stored by Lightness, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
- Lightness is based in Italy and provides its Services for use to persons located all over the world. If you access the Services from outside Italy, you do so on your own initiative and are responsible for compliance with local laws, though these Terms are governed solely by Italian and European Law.
- The Lightness Content Policy(the “Content Policy”), as may be amended from time to time, pursue the Goal of Lightness have a fair, transparent and ethical moderation practices.
To ensure that decisions are made as democratically as possible, we developed a System.
The current system functions as follows:
- User reports content or channel
- Lightness examine and accepts or rejects the report
- Lightness staff make the decision about the reported content.
Users could receive a strike for certain violations of the Content Policy. Users could be notified about the strike, which term was violated, and which piece of content was in violation. Multiple content strikes could result in an User strikes, and it could affect user experience inside the app.
Immediate Ban Offence
Users will be immediately banned for certain violations of the Content Policy. Users will be notified about the ban and which term was violated, but they will not be able to see the content that was in violation as it will have to be removed from Lightness.
- Illegal (terrorism, paedophilia, extortion, fraud, revenge porn, sex trafficking)
- Personal and confidential information (doxxing)
- Incites a true threat of violence
Spam is not allowed on Lightness. Spam may take many forms, and our rules are intended to cover a range of prohibited behavior, including: Repeated, unwanted, and/or unsolicited actions, automated or manual, that negatively affect Lightness users, groups, and/or Lightness itself; Content that is designed to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); Commercially-motivated spam, that typically aims to drive traffic from Lightness over to another website, service or initiative through backlinking or other inauthentic methods; Inauthentic engagements, that try to make channels or content appear more popular than they are; Coordinated activity, that attempts to artificially influence opinion through the use of multiple accounts, fake accounts, and/or scripting or automation. In most cases, spam will result in a ban for your activity. In cases where token manipulation by means of inauthentic engagement is identified, withdrawals will be rejected without refund as per the Terms of Service.
Responsibility of Users
- Lightness has not reviewed, and cannot review, all of the material, including computer software, posted to our app, and cannot therefore be responsible for that material’s content, use or effects. By operating our app, Lightness does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Our app may contain content posted by others that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, fake news, propaganda, satire, or other errors.
- Our app may also contain material posted by others that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Lightness will no be responsible for any of those upload or posted.
- You cannot use the Services or any associated API access to impersonate or attempt to impersonate Lightness or any products or services offered by Lightness; to falsely imply that you are associated with Lightness, another User, or any other person or entity; or for any other fraudulent or misleading purpose. Any product or service created through any API of Lightness must include a disclaimer that substantially sets forth that such product or service is not offered by Lightness and that Lightness does not condone sharing account credentials with any third party.
Lightness Content Review Policy
- We have not reviewed, and cannot review, all of the material made available through the app. Lightness does not have any control over such other websites and is not responsible for their contents or their use. By linking to any such other website, Lightness does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Lightness disclaims any responsibility for any harm resulting from your use of such other websites and webpages.
- We may change or update the Services in whole or in part at any time and we reserve the right to change these Terms at any time. If we make changes to these Terms that are material, we will let you know by posting in the “Notification” section on the newsfeed of the web version of Lightness, or by sending you an email or other communication. The notice will designate a reasonable period of time after which the changes to these Terms will take effect. If you disagree with our changes, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such changes, your continued use of the Services will be subject to these Terms, as changed. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in effect when the dispute arose.
- If we adopt a new policy relating to the Services that is material, we will let you know by posting it, or by sending you an email or other communication before the new policy takes effect. The notice will designate a reasonable period of time after which such new policy will take effect. If you disagree with such a new policy, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such new policy, and your continued use of the Services will be subject to such new policy.
Disclaimer of Warranties and Limitation of Liability
- YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
- VIOLATION OF THESE TERMS MAY, IN LIGHTNESS SOLE DISCRETION, RESULT IN TERMINATION/SUSPENSION OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT LIGHTNESS CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT POSTED ON THE SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU VIOLATE THE LETTER OR SPIRIT OF THESE TERMS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR LIGHTNESS, WE CAN STOP PROVIDING ALL OR PART OF THE SERVICES TO YOU.
- TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, LIGHTNESS OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPATIBILITY WITH ANY SOFTWARE OR HARDWARE.
- LIGHTNESS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT LIGHTNESS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. ANY MALFUNCTIONING CAN BE REPORTED AT email@example.com
- LIGHTNESS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
- YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL LIGHTNESS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE LIGHTNESS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE LIGHTNESS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIGHTNESS SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CLAIMS OF INFRINGEMENT RELATING TO THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
- YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE LIGHTNESS PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE LIGHTNESS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES.
Dispute Resolution, Arbitration; Jurisdiction
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH LIGHTNESS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- No Class Arbitrations, Class Actions or Representative Actions. Any Dispute arising out of or related to these Terms is personal to you and Lightness and will be resolved solely through individual action and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
- Notice; Informal Dispute Resolution. Each Party will notify the other Party in writing of any Dispute within thirty (30) calendar days of the date it arises, so that the Parties can attempt in good faith to resolve the Dispute informally. Notice to Lightness shall be sent by email to Lightness at firstname.lastname@example.org. Notice to you shall be by email to the then-current email address in your Account. Your notice must include (i) your name, postal address, email address and telephone number, (ii) a description in reasonable detail of the nature or basis of the Dispute, and (iii) the specific relief that you are seeking. If you and Lightness cannot agree how to resolve the Dispute within thirty (30) calendar days after the date notice is received by the applicable Party, will be able to eventually file a claim in court. Jurisdiction will be applied accordingly to the law.
- These Terms will be governed by and construed and enforced in accordance with the laws of Italy, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.
Waiver and Severability
- No waiver by Lightness of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lightness to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
- To you: We may provide any notice to you under these Terms by: (A) posting a notice on our website; or (B) publishing our changes, or (C) sending an email to the email address then associated with your account. Notices we provide by posting on our website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive or read the email.
- To us:To give us notice under these Terms, you must contact Lightness by email at email@example.com We may update this email address for notices to us by posting a notice on our website or sending an email to you. Notices to us will be effective when received by us.
- Language: All communications and notices to be made or given pursuant to these Terms must be in the italian or english language.
- These Terms of Service constitute the sole and entire agreement between you and Lightness regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
- Lightness and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, war.
Your Comments and Concerns
Please direct questions or concerns regarding these Terms or the Services to Lightness at firstname.lastname@example.org
Last Updated April 20, 2023