Terms & Conditions

1. Acceptance of these terms

These Terms & Conditions govern this website (the "Site"), operated by the LumenEars team in Irvine, California, United States ("LumenEars", "we", "us", "our").

By visiting or using the Site you agree to these Terms & Conditions. If you do not agree with them, please do not use the Site.

2. What this Site is

The Site exists to describe the LumenEars product and its crowdfunding campaign. It is informational only. Specifically, the Site does not:

• sell any product or take any payment;
• create accounts, profiles or logins;
• collect anything you type into it, apart from the launch waitlist: a popup asks for a mobile number, or an email address if you prefer, so we can send you the Kickstarter link when the campaign opens. Giving it is optional, and the Privacy Policy explains what happens to it;
• form a contract of sale between you and us.

Every button that offers to take you to the campaign links out to Kickstarter and opens in a new tab. Once you leave the Site you are on someone else's platform, and their rules apply.

3. Pledging happens on Kickstarter

Rewards, pledge levels, payment, backer identity, refunds, disputes and the delivery of any reward are handled through Kickstarter and are governed by Kickstarter's Terms of Use and Privacy Policy, not by these terms. We do not control Kickstarter and cannot change how it works.

A pledge is not a pre-order and not a retail purchase. Backing a crowdfunding project means supporting the development of something that does not exist in final form yet, and it carries the risk that development takes longer than planned or does not succeed. The risks section of the campaign describes this in more detail.

4. Forward-looking information

Descriptions of the product on this Site — specifications, screen behaviour, characters, worlds, games, stretch goals, the timeline and the estimated delivery date — describe what we intend to build. They are based on a working prototype and on plans that are still in progress.

They are not promises, guarantees or warranties, and they may change as engineering, certification, tooling, manufacturing and supply conditions change. Renders, illustrations and animations represent the intended product, and finished hardware may differ in appearance and in detail.

5. Prices and reward tiers

Any price, tier, quantity limit or availability shown on this Site is indicative and may change at any time before the campaign goes live. The authoritative version of every tier, price and limit is the one shown on the Kickstarter campaign page at the moment you pledge. Where this Site and the campaign page disagree, the campaign page wins.

6. Intellectual property

The LumenEars name, product design, characters, artwork, animations, copy and the arrangement of this Site are owned by us or licensed to us, and are protected by copyright, trade mark and other laws. You may view the Site and share links to it. You may not copy, republish, sell or create derivative works from its content without our written permission, except where the law expressly allows it.

The underlying page template is TemplateMo 583 "Festava Live", used under its own licence, and Bootstrap and Bootstrap Icons are used under the MIT licence. Those components remain the property of their respective authors.

7. Acceptable use

You agree not to use the Site to break the law, to interfere with its operation or security, to attempt unauthorised access to any part of it or its hosting, to scrape it at a volume that degrades it for others, or to misrepresent yourself as us.

8. Links to other sites

The Site links to Kickstarter, Instagram and TikTok, and it can embed a campaign video hosted by YouTube or Vimeo. We do not control those services, we are not responsible for their content or their practices, and a link is not an endorsement. Their terms and privacy policies apply once you follow the link or press play.

9. The Site is provided "as is"

We work to keep the Site accurate and available, but we provide it on an "as is" and "as available" basis without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not warrant that the Site will be uninterrupted, timely, secure or error-free, or that any information on it is complete or current.

10. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of your use of or inability to use the Site. Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

11. Changes to these terms

We may update these terms as the campaign and the product develop. The current version is always the one published here, and the date at the top of this page tells you when it last changed. Continuing to use the Site after a change means you accept the updated terms.

12. Governing law

These terms are governed by the laws of the State of California, United States, without regard to its conflict of law rules, and the state and federal courts located in Orange County, California have exclusive jurisdiction over any dispute arising from them. If you are a consumer resident elsewhere, you may have rights under your local law that this clause does not take away.

13. Contact

Questions about these terms go to eesha@rclick.com.