Lumina Studios - Terms and Conditions

Terms of Service

Welcome to Lumina Studios! These Terms of Service ("Terms") govern your access to and use of the Lumina Studios website (the "Site") and our photography services (the "Services"). By accessing or using our Site and Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Site and Services.

1. Acceptance of Terms: By accessing and using the Lumina Studios website and engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These terms constitute a legally binding agreement between you and Lumina Studios, located at 123 Oak Street, Willow Creek, CA 95573.

2. Service Description: Lumina Studios provides professional photography services, including but not limited to wedding photography, portrait photography, event photography, and commercial photography. Our services are designed to capture high-quality images for personal and commercial use. We are committed to delivering exceptional results that meet your specific needs and expectations. All services are subject to availability and prior booking.

3. Booking and Payments: To book our services, you must complete a booking form and pay a deposit as specified in our pricing schedule. The deposit is non-refundable and secures your booking. The remaining balance is due upon completion of the photography session or as otherwise agreed. We accept payments via credit card, debit card, and bank transfer. Failure to make timely payments may result in cancellation of your booking.

4. Cancellation Policy: If you need to cancel your booking, you must notify us at least 30 days prior to the scheduled date. Cancellations made within 30 days of the scheduled date will result in forfeiture of the deposit. In case of unforeseen circumstances, such as illness or inclement weather, we will work with you to reschedule your session at no additional cost, subject to availability.

5. Rescheduling: Rescheduling of a photography session is subject to availability and must be requested at least 14 days prior to the original scheduled date. A rescheduling fee may apply, depending on the circumstances. We will make every effort to accommodate your request, but we cannot guarantee that your preferred date will be available.

6. Photography Session: During the photography session, you agree to cooperate with our photographers and follow their instructions. We reserve the right to terminate the session if your behavior is disruptive or disrespectful. We will take all reasonable precautions to ensure your safety and well-being during the session, but we are not liable for any injuries or damages that may occur.

7. Image Delivery: We will deliver the edited images to you within 4-6 weeks of the photography session. The images will be delivered in digital format via an online gallery. We may also offer prints and other products for purchase. We retain the copyright to all images and grant you a license to use the images for personal purposes. Commercial use of the images requires our written consent.

Acceptable Use Policy

This Acceptable Use Policy ("AUP") outlines the guidelines for using our website and services. By using our Site and Services, you agree to comply with this AUP.

1. Prohibited Activities: You agree not to engage in any of the following prohibited activities:

Using our Site and Services for any unlawful purpose.
Uploading or transmitting any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Interfering with or disrupting the operation of our Site and Services.
Attempting to gain unauthorized access to our Site and Services, or any other computer systems or networks.
Collecting or harvesting any personally identifiable information from our Site and Services.
Using any robot, spider, scraper, or other automated means to access our Site and Services for any purpose without our express written permission.
Distributing spam or other unsolicited communications.
Violating any applicable laws or regulations.

2. Content Ownership: All content on our Site, including text, images, graphics, logos, and videos, is owned by Lumina Studios or its licensors and is protected by copyright laws. You may not reproduce, distribute, modify, or create derivative works of our content without our express written permission.

3. User Content: If you submit any content to our Site, such as testimonials or comments, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit and that the content is accurate and does not violate these Terms or any applicable laws.

4. Enforcement: We reserve the right to investigate and prosecute violations of this AUP to the fullest extent of the law. We may suspend or terminate your access to our Site and Services if you violate this AUP.

5. Reporting Violations: If you become aware of any violation of this AUP, please notify us immediately at [email protected].

Liability Disclaimer

Lumina Studios provides its services with reasonable care and skill. However, we do not guarantee that our services will be uninterrupted or error-free. We are not liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Site and Services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.

1. Limitation of Liability: To the fullest extent permitted by applicable law, Lumina Studios shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content.

2. Indemnification: You agree to indemnify, defend, and hold harmless Lumina Studios, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your use of our Site and Services (including negligent or wrongful conduct) by you or any other person accessing our Site and Services using your account.

3. No Warranty: The services are provided on an "as is" and "as available" basis. Lumina Studios makes no warranties, either express or implied, about the services, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

4. Third-Party Links: Our Site may contain links to third-party websites or resources. We are not responsible for the content, products, or services available from such websites or resources. Links to third-party websites are provided for your convenience only, and the inclusion of any link does not imply endorsement by Lumina Studios.

5. Force Majeure: Lumina Studios shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

6. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Copyright Information

1. Ownership: Lumina Studios retains all rights to the photographs and other content created by our photographers. Unless otherwise agreed in writing, we grant you a non-exclusive license to use the images for personal purposes. Commercial use of the images requires our express written consent.

2. Infringement: Unauthorized use, reproduction, or distribution of our copyrighted content is strictly prohibited and may result in legal action. If you believe that your copyrighted work has been infringed upon, please notify us immediately at [email protected].

3. Usage Rights: Upon full payment for our services, you are granted a limited, non-exclusive license to use the photographs for personal, non-commercial purposes. This includes sharing the images with friends and family, printing copies for personal use, and posting the images on social media. You may not use the images for commercial purposes, such as advertising or resale, without our express written consent.

4. Watermarks: We may include watermarks on the images to protect our copyright. You may not remove or alter the watermarks without our permission. If you require watermark-free images for specific purposes, please contact us to discuss licensing options.

6. Modifications: Lumina Studios reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our Site and Services after the posting of changes constitutes your acceptance of the new Terms.