Privacy Policy

Summary

Except where otherwise specified in the Limitations section of this policy:

• Lumental does not send any information it receives about you to any third parties.
• Lumental does not use any information it receives to communicate to you except to reply to an E-Mail that you have sent to Lumental.

Multimedia. Multimedia, within this policy, is (and only is) images, movies, sound files, or other files (except web pages) that a browser can render or delegate rendering of to another program.

Policy Item. A Policy Item, within this policy, is (and only is) software, Multimedia, a web page, or an E-Mail address that is subject to this policy in its current form. See the section Scope to determine which items are subject to this policy.

Access. To Access, within this policy, is (and only is) to download, view, submit a form from, execute, send information to, or otherwise use.

User. A User, within this policy, is (and only is) any person who is Accessing a Policy Item, or has Accessed a Policy Item.

Access Time. Access Time, within this policy, is (and only is) the exact time at which a User has Accessed a Policy Item.

User Information. User Information, within this policy, is (and only is) any information, private or otherwise, about a User that Lumental receives only as a consequence of the User's Accessing of a Policy Item. Access Times are also considered to be User Information.

Collect. To Collect, within this policy, is (and only is) to retain, use, transfer or publish.

Referring URL. A Referring URL, within this policy, is (and only is) User Information that is sent by a User's browser that identifies the URL of the web page containing the link that the User has used to Access the Policy Item, or sometimes simply the URL of the web page that was most recently viewed by the User's browser before the Policy Item was Accessed.

Browser ID. A Browser ID, within this policy, is (and only is) User Information that is the name and version of the browser that is used by the User to Access a Policy Item (as is typically sent by the browser).

Traffic Information. Traffic Information, within this policy, is (and only is) User Information including (and only including) the IP addresses of Users, Referring URLs, Browser IDs, and Access Times.

This policy is subject to the laws of the jurisdiction of Lumental, and to the laws of the jurisdiction of the User.

Notwithstanding any indication to the contrary contained within the Terms of this policy:

• User Information shall be Collected by Lumental if it is required by the law, or by the order of a court, within the aforementioned jurisdictions.
• Lumental may also decide, at its sole discretion, to Collect User Information if it is required by the order of a court that is not within the aforementioned jurisdictions.
• Lumental may Collect User Information if it decides that it is necessary to stop the User from any malicious attack against the lumental.com web site, or to bring appropriate justice against any such User.
• Lumental may Collect User Information about a User in any way explicitly permitted or requested in an E-Mail, written notification, or online web page form submitted to Lumental by said User.

Terms

Lumental shall not Collect any User Information, except for:

• Traffic Information, which includes (and only includes):
  • The IP address of the User.
  • Referring URLs.
  • Browser IDs.
  • Access Times.
• The E-Mail address of the User (as is received by Lumental when the User sends an E-Mail to Lumental).
• The content of any E-Mails sent by Users to Lumental.

Lumental may use an IP address that is User Information to identify the Internet Service Provider of the User. This information may be used to approximate the country, state, province, or city in which the User resides.

Lumental may use Referring URLs to gain information about the sources of traffic coming into the lumental.com web site. The host of the Referring URL is considered a third party, and so no User Information about the User shall be transferred to said host.

Lumental may use Browser IDs to gain information about the relative popularity of the various browsers that are Accessing the Policy Items.

Lumental may use Access Times to measure the trends in traffic amounts with respect to time.

Traffic Information, as defined above, shall be used for statistical purposes only. Traffic Information shall not be used to identify or send information to the User, nor to yield any information about the User that can be used, directly or indirectly, to identify or send information to the User. Statistics formed using Traffic Information may be published or transferred to third parties, provided that such statistics do not contain any User Information, such as the IP address of any User or any Access Times.

The version of a browser that is identified by a Browser ID is not considered within this policy to be User Information when it is no longer associated with the IP address of the User, the Access Time, or any other information that can identify the User who sent the Browser ID, because the information is no longer about the User. Therefore, such information may be transferred or published, for example in the aforementioned statistics.

The URL identified by a Referring URL, or a truncated version thereof, is not considered within this policy to be about a User, and is therefore not considered to be User Information, if and only if all of the following are true:

• It is not included with or associated with the Access Time, IP address, or any other information that can identify the User who sent the corresponding Referring URL.
• It begins with the string "http://".
• It does not contain a question mark followed by one or more characters.
• It does not contain the @ symbol.
• It is equivalent to each of the URLs, or truncated versions thereof, that are identified by no less than 49 other Referring URLs.

E-Mail

Lumental may retain any E-Mail address that is User Information, and may send E-Mails to the E-Mail address while it is retained.

This policy applies exclusively to all of the following:

• Web pages that:
  • Are hosted by lumental.com AND
  • Contain a direct link to this privacy policy.
• Web pages that:
  • Are directly linked to by a web page that:
    • Is hosted by lumental.com AND
    • Contains a direct link to this privacy policy.
• Software or Multimedia that:
  • Is developed by Lumental AND
  • At the time it was downloaded, was hosted by lumental.com, real.com, or realonearcade.com, and/or was received using an authentic version of the RealOne Arcade software.
• Software or Multimedia that:
  • Is an Embedded Object within a web page that is subject to this privacy policy.
• E-Mail addresses that:
  • Are hosted by lumental.com (that end with @lumental.com) AND
  • Are directly linked to by a web page that is subject to this privacy policy.

This policy does not apply to third-party web pages that are directly linked to by a web page that is subject to this policy.

Lumental reserves the right to host web pages on lumental.com to which this privacy policy does not apply. These web pages will not be directly linked to by a web page that contains a direct link to this privacy policy. Therefore it is safe to click any link to a web page that is hosted by lumental.com, as long as the link appears on a web page that is hosted by lumental.com and contains a direct link to this privacy policy.

This policy may change in the future. At that time, items that are currently subject to this privacy policy will no longer contain a direct link to this privacy policy, in its current state, or will not be directly linked to by a web page that is subject to this privacy policy, and therefore those items will no longer be Policy Items that are subject to this privacy policy. Please check back periodically for updates.