LIGHTBOX LABS
TERMS OF USE

LAST MODIFIED ON 1 August 2020

Important: Please read these Terms of Use carefully before continuing to use this software.

Section 18 of this Terms of Use Agreement contains a binding arbitration clause and class action waiver. If you live in the United States, this Section affects your rights about how to resolve disputes that you may have with us.

Please read it carefully.

This Terms of Use (the “Agreement”) applies to the “Shortlist” software application (the “Service”), provided by Lightbox Labs Incorporated (“Lightbox Labs”), a California corporation.

1. Acceptance of Terms

By continuing to use the Service, you agree as follows:

  • You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
  • You will use the Service in accordance with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Lightbox Labs from time to time; and
  • You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

If you do not agree with the terms and conditions in this Agreement, please discontinue all further use of the Service.

2. Lightbox Labs’ License to You

Lightbox Labs grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Service. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell or otherwise transfer a device on which any part of the Service is installed to a third party, you must remove the Service from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Service).

3. Messages from Lightbox Labs

You understand that you may receive business-related communications from Lightbox Labs through the Service, as notifications on your device, or through email, such as product and other announcements, and administrative notices. You agree that these communications are not “unsolicited commercial email advertisements” and you agree to receive them.

Email messages will be accompanied by instructions for opting out.

4. Your Account

  • Account Creation. You need to register for an Account to use the Service. You may only create an Account if you are at least 16 years old. If you are at least 16 years of age but still a minor in your jurisdiction, your parent or legal guardian must establish an Account with us in order for you to access and use the Service.

    You may create an Account for free by signing up through a registration form on the Service. You are solely responsible for the activity that occurs on your Account. You agree to keep your Account and devices secure and to notify Lightbox Labs immediately of any breach of security or unauthorized use of your Account.

  • Accurate Information. When creating your Account, you promise to provide a valid email address and accurate information related to your Account. You promise to keep this information updated so that it is accurate at all times.
  • Suspension of Accounts. Lightbox Labs may, at our sole discretion, suspend or terminate your Account or your access to the Service should your conduct, in our sole determination, fail to conform with this Agreement or for any other reason.
  • Your Username. Lightbox Labs may force you to change any of your username if (i) it is the name of another person, with the intent to impersonate that person, (ii) it incorporates the rights of a third party without appropriate authorization, or (ii) Lightbox Labs deems it unacceptable by community standards.
  • Account Privacy. You agree that there is no expectation of privacy in connection with your interactions with other users and public postings in and through the Service. You further agree that the contents of any messages or other communication sent from your Account, whether in or through reviews, posts, comments, chats, forums, direct user-to-user communication, or by other means, may be made public and accessed, reproduced, or distributed by other users and Lightbox Labs as it sees fit. Lightbox Labs will fully cooperate with law enforcement and other governmental entities in policing the content of the Service.
  • No Account Purchases and Transfers. You may not buy, sell, give, or trade any Account, nor attempt to buy, sell, give, or trade any Account. Lightbox Labs owns, has licensed, or otherwise has rights to all the content that appears on the Service, including Accounts.

5. Your License to Lightbox Labs; Your Conduct

  • Your Content. Any communications or material of any kind that you write, email, post, or otherwise transmit to Lightbox Labs or the public on or using the Service, including photographs, chat, reviews, emails, comments, voice recordings, data, questions, or suggestions are known as your “Content.”

    Lightbox Labs does not own your Content. By posting Content, you represent (i) that you are the owner of the Content or have all of the necessary rights to share it, and (ii) give Lightbox Labs permission to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Content otherwise available in any form and by any media (whether now known or hereafter devised), including through any on-demand or broadcast service, whether on a commercial or non-commercial basis anywhere in the world.

  • Conduct Policy. You are responsible for your conduct as a user of the Service. You agree that you will not engage in conduct (including the sharing of Content) which:
    • is threatening, bullying, defamatory, abusive, obscene, lewd, sexually provocative or suggestive, pornographic, or which in any manner could give rise to any civil or criminal liability under applicable law;
    • is or could be taken as slurs, hate speech, or attacks on individuals or groups on the basis of race, color, gender, age, religion, national origin, disability, sexual preferences, or gender identity;
    • constitutes spam (sending the same message multiple times or to multiple people, or sharing or sending the same content multiple times, will be treated as spam);
    • is a solicitation or advertisement for any lewd or inappropriate personal conduct, commercial product, or activity;
    • encourages or constitutes behavior that does not support a safe and comfortable environment for all users, which conduct may include but not be limited to bullying, vigilantism, engaging in any conduct or activity that is threatening, harmful, harassing, abusive, vulgar, hateful, defamatory, lewd, sexually provocative, suggestive, or explicit, inflammatory, profane, racially or ethnically objectionable or discriminatory, or in any manner encourages inappropriate, disrespectful, abusive, or unlawful conduct or otherwise makes the Service an uncomfortable experience for anyone;
    • restricts, inhibits, or discourages any other user from using the Service;
    • hacks, modifies or otherwise makes use of automation software (bots) or any other unauthorized third-party software designed to modify the Service experience;
    • violates any local, state, federal or international laws or gives rise to civil liability;
    • violates or infringes any rights of third parties (including but not limited to copyright, trademark, rights of privacy or publicity, defamation or any other proprietary right);
    • imposes an unreasonable or disproportionately large load on the Service or otherwise interferes with the Service;
    • is a “chain letter,” or constitutes “junk mail”;
    • specifies or claims that that you are affiliated with Lightbox Labs when you are not, including without limitation an “Administrator,” “Moderator,” or any other employee or agent of Lightbox Labs;
    • requests login information from other users;
    • “spoofs” (use of any means to disguise your online identity or alter original attribute information, including, but not limited to duplicate accounts);
    • uses or possesses programs to “crack” the Service or other Internet security tools;
    • contains, or uploads files that contain, viruses, Trojan horses, worms, corrupted files or data, or any other similar software or programs that may damage or inhibit the operation of the Service; or
    • anything else that Lightbox Labs, in its sole determination, deems offensive or harmful to the Service or to Lightbox Labs’ integrity or business.
  • Exposure to Content. You understand that when using the Service, you may be exposed to Content from a variety of sources, and that Lightbox Labs is not responsible for prescreening, monitoring, editing, or removing such Content, nor for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.

You understand and agree that Lightbox Labs is not responsible for the conduct of any user of the Service, and that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable.

  • Advertising. The Service is supported by advertising revenue and may display advertisements and promotions within the Service. You understand that Lightbox Labs may present those advertisements and promotional materials to you or other users of the Service, either on their own or in conjunction with your Content, and other users’ Content, without compensation to you. The way these materials are presented, including time, placement, appearance, and frequency, may change without any notice to you. These advertisements and promotions, along with other sponsored content and commercial communications, may not always be identified as such.

6. Support Services

Lightbox Labs may, in its sole discretion, provide you with customer and technical support services related to the Service (“Support Services”). Lightbox Labs is not required to provide Support Services unless otherwise required by applicable law. No failure to provide, or to continue to provide, Support Services will be a default of Lightbox Labs under this Agreement. Any supplemental software code provided to you as part of the Support Services will be treated as part of the Service, and as between you and Lightbox Labs will be and remain the sole property of Lightbox Labs and will be subject to the terms and conditions of this Agreement.

Lightbox Labs customer support may be reached by contacting us at info@shortlist.dev. You agree that you will look solely to Lightbox Labs in connection with Support Services.

7. Modification, Termination, and Monitoring of the Service

Lightbox Labs reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of the Service) with or without notice at any time. You agree that Lightbox Labs will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Lightbox Labs reserves the right to monitor use of the Service to determine compliance with this Agreement, as well as the right to edit, refuse to post, or remove any Content, information, or materials, in whole or in part, at our sole discretion. We reserve the right to refuse access to the Service to anyone, for any reason, at any time.

Lightbox Labs may monitor your Content and other communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Service, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Lightbox Labs or its affiliates or agents monitor your Content and other communications and enforces or fails to enforce the terms of the Agreement. In no event will Lightbox Labs or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Lightbox Labs or its affiliates or agents.

8. Security of Data Transmission and Storage

Electronic communications using the Service may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Lightbox Labs or between you and other parties. Additionally, your communications and Content on the Service may be publicly available to other parties.

Lightbox Labs and its affiliates and agents are permitted, but not obligated, to review or retain your Content and other communications.

9. Hyperlinks

The Service may contain links to other sites, services, and software applications, including through display advertisements (the “Linked Services”). Lightbox Labs does not control the Linked Services, and Lightbox Labs and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those Linked Services. The fact that Lightbox Labs has provided a link to an external location is not an endorsement, authorization, sponsorship, or affiliation with respect to such Linked Services, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and Lightbox Labs cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Lightbox Labs or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on Linked Services.

10. Trademarks and Copyrights

The Service is owned by Lightbox Labs and is protected by United States and international intellectual property laws. All Service content, trademarks, services marks, trade names, logos, and icons are proprietary to Lightbox Labs. Nothing contained in the Service should be seen as granting any license or right to use any trademark displayed in the Service without the written permission of Lightbox Labs or such third party that may own the trademarks displayed in the Service. Your use of the trademarks displayed in the Service, or any other content in the Service, except as provided in this Agreement, is strictly prohibited.

Intellectual property displayed through the Service is either the property of, or used with permission by, Lightbox Labs. You are prohibited from using or authorizing the use of this intellectual property unless specifically permitted under this Agreement. Any unauthorized use of this intellectual property may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.

11. Copyright Complaints

If you are a copyright owner or their agent, and believe that any content on the Service infringes on your copyrights, you may submit a DMCA notification in writing to our Copyright Agent with the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed, a list of those works on the Service;
  • Identification of the material that is claimed to be infringing and that is to be removed disabled, reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your email, address, or phone number;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent may be reached at the following physical or email address:

Copyright Agent
Lightbox Labs Incorporated
6200 Canoga Ave. Ste. 201
Woodland Hills, CA 91367

Or by email at: info@shortlist.dev

12. Disclaimer of Warranties

Your use of the Service is entirely at your own risk.

The Service is provided by Lightbox Labs on an as-is basis. Lightbox Labs expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Lightbox Labs makes no warranty that (i) the Service will meet your requirements, (ii) that operation of the Service will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the Service will be accurate or reliable.

No advice or information, whether oral or written, obtained by you from Lightbox Labs, or through the Service creates any warranty regarding the Service not expressly stated in this Agreement.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

13. Limitation of Liability

You expressly understand and agree that Lightbox Labs is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goods, goodwill, use, data, or other intangible losses (even if Lightbox Labs has been advised of the possibility of such damages), resulting from the use or the inability to use the Service or any other matter relating to the Service.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Lightbox Labs and its affiliates will be limited to the fullest extent permitted by law.

14. Indemnification

You agree to indemnify and hold Lightbox Labs and its affiliates, officers, agents, and employees harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person or entity arising out of your violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including any negligent act, will Lightbox Labs or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Service.

15. Your Personal Information

Certain personal and other information that we collect, process, and share is subject to our Privacy Policy.  As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://shortlist.dev/privacy. You agree that your use of the Service is subject to the Privacy Policy.

16. Disclosures Required by Law

Lightbox Labs reserves the right to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Lightbox Labs reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Lightbox Labs to disclose the identity of any user believed to be in violation of this Agreement.

By accepting this Agreement, you waive all rights and agree to hold Lightbox Labs harmless from any claims resulting from any action taken by Lightbox Labs during or as a result of its investigations or from any actions taken as a consequence of investigations by either Lightbox Labs or law enforcement authorities.

17. Governing Law; Mediation; Jurisdiction

The Agreement, and all future agreements you enter into with Lightbox Labs, unless otherwise indicated on such other agreement, will be governed by the laws of the State of California. This is the case regardless of whether you reside or transact business with Lightbox Labs, or any of its affiliates or agents, in the State of California or elsewhere. Unless a dispute would be governed by the terms of Section 18 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Los Angeles, California, USA.

For EU users only: In the event of a dispute relating to the interpretation, performance, or validity of this Agreement, an amicable solution can be sought before any legal action. You can file your complaint with Lightbox Labs by sending a message via email to info@shortlist.dev. In case of failure, you can, within one year of the failed request, have recourse to an Alternative Dispute Resolution procedure by filing an online complaint on the European Commission’s Online Dispute Resolution website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. In the event that out-of-court dispute resolutions fail, the dispute may be brought before the competent courts.

18. Binding Arbitration

Any dispute or claim relating in any way to your use of the Service (each, a “Claim”) will be resolved by binding arbitration, rather than in court (except that you may assert claims in small-claims court if your claims qualify). You agree that each Claim must be brought individually.

YOU AND Lightbox Labs AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION MAY BE JOINED WITH ANY OTHER ARBITRATION.

The Federal Arbitration Act and federal arbitration law apply to this Agreement and this binding arbitration clause.

Arbitration is a process with no judge or jury – an arbitrator will review the arguments in the dispute and award damages and other relief just like a court would. The arbitrator must follow this Agreement as a court otherwise would. Court review of the arbitration award is limited under the Federal Arbitration Act.

To start an arbitration, you must send an email to info@shortlist.dev describing your Claim and requesting arbitration, or we may do the same by sending a written notice requesting arbitration to your address. The proceedings will be conducted through JAMS, using their Streamlined Arbitration Rules and Procedures. You can view these rules at jamsadr.com or by calling 800-352-5267. The payment of the initial filing fees will be made by the party filing the Claim, and any other filing and other fees will be apportioned as directed by the JAMS rules. The arbitration will take place in Los Angeles, California, USA, unless the Parties agree to video, phone, or internet connection appearances.

Except as otherwise set forth below, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Lightbox Labs will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given (including any attorneys’ fees and costs awarded), and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based.

Notwithstanding the terms of this Section, either of us may bring a lawsuit in court for equitable relief, for any misuse or infringement of intellectual property rights, or for any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use of the Service.

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND LIGHTBOX LABS WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

You and Lightbox Labs agree that if any portion this Section is found illegal or unenforceable, that portion will be severed and the remainder of the Section will be given full force and effect.

19. Miscellaneous Terms

  • Agreement Revisions. This Agreement may only be revised in writing by Lightbox Labs, or by Lightbox Labs’ publication of a new version on the Service.
  • Force Majeure. Lightbox Labs is not liable for any delay or failure to perform resulting from causes outside the reasonable control of Lightbox Labs, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Lightbox Labs’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
  • No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lightbox Labs as a result of this Agreement or your use of the Service.
  • Lightbox Labs may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without Lightbox Labs’ prior written consent, and any unauthorized assignment by you will be null and void.
  • If any part of this Agreement is determined to be void, invalid or unenforceable, then that portion will be severed, and the remainder of the Agreement will be given full force and effect.
  • Attorneys’ Fees. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation will be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
  • No Waiver. Our failure to enforce any provision of this Agreement will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
  • Equitable Remedies. You hereby agree that Lightbox Labs would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we will be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
  • Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and Lightbox Labs with respect to the Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Lightbox Labs with respect to the Service.