Terms of Use
Welcome to Lightful Imagery ("lightfulimagery.com"). The lightfulimagery.com website ("Site") is operated by MIH STUDIO LLC ("MIH STUDIO").
Your access to and use of lightfulimagery.com is conditioned on your acceptance of and compliance with all terms, conditions, policies and notices stated here. These Terms of Use apply to all visitors, users and others who access or use the Site.
By accessing or using the Site you agree to be bound by the following terms and conditions ("Terms of Use"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services.
Any new features or tools which are added to the current site shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Age of Consent
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, written and other materials ("Intellectual Property") that appear as part of the Site are the property of MIH STUDIO or its suppliers and are protected by copyright and other laws that protect intellectual property and proprietary rights. The Site as a whole is protected by copyright and trade dress. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner.
Merchant of Record
FineArtAmerica.com is the merchant of record for orders placed through Lightful Imagery Shop. Questions regarding orders, payments, and refunds may be sent to FineArtAmerica.com Customer Service.
MIH STUDIO is the merchant of record for orders placed through Lightful Imagery Membership or through 'Buy me a coffee' button/link. Questions regarding Lightful Imagery Membership or 'Buy me a coffee' may be sent by submitting the Lightful Imagery Contact Form.
Payment
You may purchase Lightful Imagery membership or make a contribution by clicking 'Buy me a coffee' button/link (collectively "Transaction") through the Site. All sums are in U.S. dollars and are nonrefundable. MIH STUDIO will charge the payment method you specify at the time of Transaction. You authorize MIH STUDIO to charge all sums as described in these Terms of Use to that payment method.
Accuracy, Completeness and Timeliness of Information
MIH STUDIO is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Privacy Policy
Your use of lightfulimagery.com is subject to our Privacy Policy.
Third-Party Links
The Site may contain links to third-party sites or services that are not owned or controlled by MIH STUDIO.
MIH STUDIO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. You further acknowledge and agree that the Site 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 use of or reliance on any such content, goods or services available on or through any such sites or services.
Errors, Inaccuracies and Omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information is inaccurate at any time without prior notice.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, download, copy, scrape, index, extract or data mine; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the site or any related site, other sites, or the Internet; or (l) for any machine learning (ML) and/or artificial intelligence (AI) purposes including, but not limited to, developing, training, operating ML and/or AI systems.
Disclaimer of Warranties; Limitation of Liability
MIH STUDIO does not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
MIH STUDIO does not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site is provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MIH STUDIO be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, our liability shall be limited to the extent permitted by law.
Indemnification
You agree to indemnify, defend and hold MIH STUDIO harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Severability
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
MIH STUDIO may terminate or suspend access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Use.
All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Entire Agreement
The failure of MIH STUDIO to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by MIH STUDIO on this Site constitutes the entire agreement and understanding between you and MIH STUDIO and govern your use of the site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
Changes to Terms of Use
MIH STUDIO reserves the right, at its sole discretion, to modify or replace these Terms of Use at any time. Changes and clarifications will take effect immediately upon their posting on the site. Your continued use of or access to the site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
Last updated: 2024-10-17
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