Terms and Conditions
1. Acceptance of Terms
Welcome to Luminary Lens Studio. By accessing and using our website (luminarylensstudio.com), you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, please do not use our website.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User" or "you") and Luminary Lens Studio, located at 123 South Tryon Street, Suite 400, Charlotte, NC 28202 ("Luminary Lens Studio," "we," "us," or "our"). These Terms govern your access to and use of the Luminary Lens Studio website and any services offered through the website (collectively, the "Services").
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting to the website. Your continued use of the website after any changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.
2. Use of Website
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.
You are responsible for maintaining the confidentiality of any account information, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
We reserve the right to terminate or suspend your access to our website at any time, without notice, for any reason, including, without limitation, breach of these Terms.
The website may contain links to third-party websites or resources. We are not responsible for the availability or accuracy of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
3. Intellectual Property
All content on this website, including but not limited to text, graphics, logos, images, and software, is the property of Luminary Lens Studio or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, display, perform, or otherwise use any of our content without our prior written consent.
Photographs taken by Luminary Lens Studio are subject to copyright protection. Clients receive a license to use the photos for personal use, which typically includes printing and sharing with family and friends. Commercial use, resale, or distribution of the images without express written permission from Luminary Lens Studio is strictly prohibited.
If you believe that your intellectual property rights have been infringed upon on our website, please notify us immediately with the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on our website; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
4. Limitation of Liability
To the fullest extent permitted by applicable law, Luminary Lens Studio shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or services, including, without limitation, damages for loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages.
Our total liability to you for any and all claims arising out of or in connection with these Terms or your use of our website or services shall not exceed the amount you paid to us for the services in question. This limitation of liability applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory.
We are not responsible for any delays or failures in performance resulting from causes beyond our reasonable control, including, without limitation, 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.
5. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Charlotte, North Carolina, and you consent to the jurisdiction of such courts.
6. Changes to Terms
We reserve the right to modify these Terms at any time without prior notice. Your continued use of our website after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates. The most current version of the Terms will be posted on our website and will supersede all previous versions.
We may also, in our discretion, notify you of significant changes to these Terms by email or through a prominent notice on our website. However, it is ultimately your responsibility to stay informed of any changes.
7. Indemnification
You agree to indemnify, defend, and hold harmless Luminary Lens Studio, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in connection with your use of our website or services, your violation of these Terms, or your violation of any rights of another person or entity.
8. Disclaimer of Warranties
Our website and services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We disclaim all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website or services will be uninterrupted, error-free, or free of viruses or other harmful components.
We make no representations or warranties about the accuracy, reliability, completeness, or timeliness of the content on our website or the results that may be obtained from using our website or services. You are solely responsible for your use of our website and services and for any decisions or actions you take based on the information provided on our website.
9. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The invalid or unenforceable provision shall be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision.
10. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Luminary Lens Studio
123 South Tryon Street, Suite 400
Charlotte, NC 28202
Phone: (704) 555-0123
Email: [email protected]
11. Entire Agreement
These Terms constitute the entire agreement between you and Luminary Lens Studio with respect to your use of our website and services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.