LuminHouse Ltd – Terms
This document lists the terms that appear in the contract between us, and also in other documents that explain our services and provide you with everything you need to be fully informed about the business relationship that exists between us.
Definitions of our Terms
- ‘The Software’: The LuminHouse websites, contents and the programs and other operating information used to facilitate The Services.
- ‘The Services’: The provision of a cloud-based facility to enable the Uploading, Downloading, Storing, Sharing, Managing, Favouriting (Listing), Commenting, Backing-Up and Printing of Photos. The Services include guidance on how to use The Software, and help and support in using it.
- ‘A Gallery for a Lifetime’: The strapline used to describe LuminHouse and its key differentiator from other cloud gallery services – namely, the provision of a gallery service that is owned and used by a Client or a Guest, for as long as they wish to use and/or subscribe to The Services.
- ‘Customer/s’: A collective term for the Photographers, Clients and Guests that use The Services.
- ‘You’ and ‘Your’: The second person form meaning ‘Customer’ for the purposes of The Contract.
- ‘Personal Data’: information (including Photos) that enables a person to be directly identified and therefore distinguishable from another person.
- ‘Cookies’: Messages that web servers pass to the Customer’s web browser when a Customer visits luminhouse.com.
- ‘Cookies Policy’: The document outlining which type of Cookies are used by luminhouse.com so that the Customer may decide whether to continue using the website.
- ‘Data’: A subset of Personal Data. The digitised image-related information (Photos and their Metadata) stored as a result of using The Services.
- ‘Register (Registration)’: The process by which a Customer inputs required information at luminhouse.com in order to create an Account and use The Services.
- ‘Password’: A string of characters chosen by the Customer and required for access to their LuminHouse Account.
- ‘Subscribe/r (Subscription)’: A Customer paying an amount of money per month or per year (the Subscription), to have use of a specified volume of Data within their Account.
- ‘Fee(s)’: Monthly or Annual sums taken from the Customer’s credit or debit card and paid to LuminHouse Ltd. in return for the use of The Services within the Data limit represented by the Subscription plan.
- ‘Terminate (Termination)’: Cessation of the service by which Data is stored within The Software.
- ‘Termination Date’: The date at which The Services cease to be available to the Customer.
- ‘Data Retention Period’: The period of time for which Data will remain stored within The Software, if an Account becomes governed by the Data Retention Policy.
- ‘Data Retention Policy’: A document that explains the rules applicable to: Accounts for which the Subscription has ceased to be paid; and Accounts which have been suspended by LuminHouse Ltd, or Terminated by the Customer or by LuminHouse Ltd.
- ‘Account’: The Customer’s personal access to The Services.
- ‘Dashboard’: The area within a LuminHouse Account that stores Personal Data and enables The Customer to manage their Password and their Personal Data.
- ‘Gallery’: A named folder within the Account, in which Data is stored.
- ‘Privacy Setting (Privacy)’: A Gallery may be set to Private (accessed only via a Password) or Public (accessible to anyone who knows the URL (web address) for the Gallery).
- ‘Ambassador’: An individual, company, or organisation invited by LuminHouse Ltd to promote our services in return for a one-off commission if the promotion results in a sale of an annual subscription to a Photographer – determined by the Photographer using a promotion code that is unique to the Ambassador. An Ambassador may also be a Photographer.
- ‘Photographer’: A full-time or part-time professional (i.e. paid): photographer; or a business whose customer base is professional photographers.
- ‘Client’: The customer of a Photographer, invited to register with luminhouse.com by the Photographer.
- ‘Guest’: A member of a Client’s, or a Guest’s, friends and family group – invited by the Client or Guest to register with luminhouse.com.
- ‘Third Party (Parties)’: including but not limited to, any person, company, software application, or organisation that is not directly related to LuminHouse Ltd, with whom we may share your Personal Data. A list of Third Parties may be found here (link).
- ‘GDPR’: General Data Protection Regulations in force from 25th May 2018, designed to protect the Personal Data of EU and UK citizens and anyone visiting those countries.
- ‘Photos’: Still images digital files.
- ‘Permitted Use (Permission/s)’: For Data created as a result of a contract between a Photographer and a Client, the actions allowed for that Data will be determined by the contract between the Photographer and the Client, and facilitated via the Photographer’s LuminHouse Account, while the Data remains the Photographer’s property.
- ‘Upload(ing)’: Facilitated via the Internet, the act of placing Data into a LuminHouse Account.
- ‘Download(ing)’: Facilitated via the Internet, the act of taking Data out of a LuminHouse Account and storing it elsewhere.
- ‘View(ing)’: The act of using The Software to look at the Data stored within a Gallery, via a desktop, laptop, tablet or smartphone.
- ‘Manage(ing)’: The act of moving Data from one Gallery to another Gallery, and/or copying and/or deleting Data.
- ‘Backup (Backing Up)’: A second or subsequent copy of Data held in a different physical location to that of the original Data.
- ‘Favourite(ing)’: A heart symbol in one corner of the displayed Photo used to indicate that this is an important, preferred and/or special Photo.
- ‘Tagg(ing)’: A label (or several labels) assigned to a Photo in order to distinguish the people, places and/or things in that Photo. Tags may be searched upon to identify all Photos with that Tag, in all Galleries within the Account.
- ‘Store(ing)’: The act of keeping Data in a LuminHouse Gallery for as long as is desired by the owner of the Data.
- ‘Share(ing)’: The act of allowing other people to access the Data.
- ‘Comment(ing)’: The act of making statements and/or asking questions and/or making requests in relation to a Photo, in order to elicit a response to – and/or an action upon – that Photo, statement, question and/or request. The parties to this process may be the Photographer and their Client; the Client and other (invited) Clients; or the Client and their (invited) Guests.
- ‘Print(ing)’: Making a physical rendition of a Photo (including prints in an album, book, frame, mount or other physical display method).
- ‘Metadata’: Data that serves to provide additional information about the Data that contains it. For example, a Photo file may include Metadata that describes the file size, the date and time of capture, the camera settings at the point of capture and so on.
- ‘Commission’: a payment made regularly to Photographers with subscribing Clients, and as required when Photographers and Ambassadors fulfil the necessary criteria for earning one-off Commissions.
- ‘Withdraw(al)’: The act of taking money from the total Commission earned by a Photographer or Ambassador and having it deposited into a Paypal account.
- ‘Forbidden Data’: Files that contain threatening, abusive, defamatory, pornographic, discriminatory, or otherwise prohibited Data – including Data for which the Customer’s use will violate any law or infringe another person’s intellectual property or their right to privacy.
- ‘Malware’: malicious software which is specifically designed to disrupt, damage, or gain access to a computer system to which it has no right to access. It includes computer viruses, worms, Trojan horses, ransomware, adware, scareware, rootkits and spyware. For the purposes of The Contract, Malware means any software designed to do harm to any of: The Software; The Services; LuminHouse Ltd; Photographers; Clients and/or Guests.
- ‘Minimum Age’: The age below which registration to LuminHouse and the creation of an Account, is prohibited.
- ‘Refund Policy’: The terms applicable when a Subscription is Terminated or we cease to provide The Services that the Customer has Subscribed to.
- ‘GDPR’: General Data Protection Regulations that come into force on 25th May 2018. They apply to any business, regardless of where it is based, that serves customers in, or visitors to, the European Union or the United Kingdom.
LuminHouse Conditions of Use
What is LuminHouse?
Luminhouse.com provides a safe and effective cloud-based (online) mechanism for storing, viewing and taking action upon jpeg image Data. (Photos plus their Metadata)
It is principally designed for use by professional photographers and their clients, but the services are available to anyone that wishes to use them providing they are aged 18 or older.
Luminhouse.com (the software) combined with (but not limited to) the available subscription plans, online help, instructions, videos, advice, blogs and the support and guidance of LuminHouse staff, is collectively known as ‘The Services’.
- The Contract
- Use of The Services
- Service Availability
- Intellectual Property Rights and Trademarks
- Disclaimer, Limitation of Liability and Indemnity
- Governing Law and Jurisdiction
- General Terms
- Contractual Obligations
- Complaints Regarding Data Stored In and Shared Via a LuminHouse Account
- How to Contact Us
1. The Contract
You agree that by Registering Your details with luminhouse.com, You are entering into a legally binding contract with LuminHouse Ltd. If You wish to Terminate The Contract at any time, You may do so by closing Your Account and no longer accessing or using The Services. Your Data will be deleted in accordance with our Data Retention Policy
Registered users of The Services are either Ambassadors, Photographers, Clients, or Guests.
For the purposes of The Contract, Ambassadors and Photographers will be collectively termed ‘Photographers’, except for any specific reference to Ambassadors.
The Services Offered by LuminHouse
LuminHouse offers several options for using The Services based on the amount of Data being stored in the Account. These are available to view at www.luminhouse.com.
Clients may access commissioned Data held within their Photographer’s Account, and take action upon the Data in accordance with their agreement with the Photographer.
The purchase or upgrade of a Data allowance will enable access to that Data allowance as soon as the payment has been processed. Downgrades to a cheaper Data allowance will only take effect at the next charging point for The Services.
A downgrade in Subscription plan, and correspondingly reduced Subscription payments, will not take effect until the volume of Data has been managed to fit within the new Subscription plan. See our Data Retention Policy
The Services enable the Uploading, Downloading, Storing, Viewing, Sharing, Managing, Favouriting (Listing), Commenting, Backing-Up and Printing of the Account-holder’s Data.
The Services also allow Clients to invite the uploading of Data to a LuminHouse Gallery created by the Client for that purpose.
By using The Services, You are directing us to Store and Back-up Your Data and to enable Uploading, Downloading, Viewing, Sharing, Managing, Favouriting (Listing), Commenting and Printing actions to be applied to Your Data.
Use of The Services
Photographers: You may use The Services to Upload, Download, Store, View, Share, Manage, Back-Up and Print Your Data using the features and functionality we make available to You. In addition You may Favourite (List) Galleries (but not Data) and participate in Commenting activities with Your Clients.
Data that You upload to Your Account must be Your own property and You may not use LuminHouse to operate Your own (paid or unpaid) Data-management service on behalf of other people.
You must not bring Forbidden Data into Your LuminHouse Account or share Forbidden Data with any person, via Your LuminHouse Account.
Your Data must be free of Malware.
Clients: You may use The Services to Upload, Download, Store, View, Share, Manage, Back-Up and Print Your Data using the features and functionality we make available to You. In addition You may Favourite (List) Photos and participate in Commenting activities with Your Photographer, other (invited) Clients and (invited) Guests.
Data that You Upload to Your Account must be Your own property and You may not use LuminHouse to operate Your own (paid or unpaid) Data-management service on behalf of Yourself, Your own business or other people or businesses. Data that is uploaded to Your Account by Your invited Guests, becomes Your property.
You and the Guests You invite to upload Data to Your Account must not bring Forbidden Data into Your LuminHouse Account or share Forbidden Data with any person, via Your LuminHouse Account.
Your Data, and the Data uploaded to Your Account by Your Guests, must be free of Malware.
Guests: You may use The Services to Upload, Download, Store, View, Share, Manage, Back-Up and Print Your Data using the features and functionality we make available to You. In addition You may Favourite (List) Photos and participate in Commenting activities with (invited) Clients and other (invited) Guests.
Data that You Upload to Your Account must be Your own property and You may not use LuminHouse to operate Your own (paid or unpaid) Data-management service on behalf of Yourself, Your own business or other people or businesses. Data that is uploaded to Your Account by Your invited Guests, becomes Your property.
You (and those You invite to upload Data to Your Account) must not bring Forbidden Data into Your LuminHouse Account or share Forbidden Data with any person, via Your LuminHouse Account.
Your Data (and those uploaded to Your Account by invitation) must be free of Malware.
Engaging a Photographer who upon Your acceptance of their invitation, transfers their commissioned Data into Your LuminHouse Account, results in You becoming a Client of that Photographer. Thenceforth You will be identified as a Client, for the purposes of The Contract.
Photographers: You may use The Services to Share commissioned Data with Your Clients using the Privacy setting (Private or Public) that they have requested. You may only Share Data relating to a Client commission with that Client, unless they have given their written permission for You to share the Data elsewhere. Your Client may View, Download, Share, Print and/or take ownership of The Data in accordance with the agreement You have with Your Client.
You are solely responsible for the settings within LuminHouse which determine the actions Your Client may apply to the Data, until such time as You transfer the Data into Your Client’s ownership.
The Data will remain in Your LuminHouse Account for as long as You Subscribe and until You have permanently Deleted the Data from Your Account, or Terminated Your Account. Note – Transferring commissioned Data to a Client’s Account does not automatically remove it from Your Account.
Clients and Guests: You may use The Services to Share Data with others, as a Private or Public Gallery, through LuminHouse or other media or channels of Your choosing. You will decide who has access to Your Data and accordingly, You are solely responsible for setting the desired level of Privacy for Your Data, and for the Privacy of the individuals who appear in that Data .
Data Uploaded by invited Guests to Your LuminHouse Account, become Your property and You will decide who has access to it. That means You are responsible for the Privacy of the individuals who appear in the Data uploaded to Your Account.
If You Share Data, anyone with access to that Data may View, Download and Print the Data in accordance with the permissions You have granted via the options in Your LuminHouse Dashboard.
The Data will remain in Your LuminHouse Account for as long as You Subscribe and until You have Deleted the Data from Your account, or Terminated Your Account.
Sharing Your Personal Data with Third Parties
See here for a list of the Third Parties who may have access to Your Personal Data. LuminHouse Ltd has no control over the operational activities of Third Parties and therefore LuminHouse Ltd accepts no responsibility for the outcome of any interaction You may have with a Third Party linked to luminhouse.com, or any for transaction undertaken with a Third Party linked to luminhouse.com.
We may release Your Personal Data when we have a good-faith belief that the release is appropriate to the following activities: (1) to comply with a judicial proceeding, a court order or a legal process; (2) to enforce our site policies; or (3) to protect ours or others’ rights, property, or safety.
We may disclose the Personal Data and non-personal information of our Customers to any successor-in-interest of ours, such as a company that acquires our business, or to a Third Party Administrator, Receiver, or Liquidator should LuminHouse Ltd go into Administration, Receivership, or Liquidation.
We may share aggregated or anonymized information that does not directly identify You.
Photographers earn a monthly or annual Commission for each of their Clients who pays to Subscribe to LuminHouse, for as long as the Client Subscribes, PROVIDING the Photographer is the FIRST Photographer from whom the Client accepts an invitation to transfer commissioned Data from the Photographer’s LuminHouse Account to the Client’s LuminHouse Account.
Clients and Guests operating a free LuminHouse Account do not generate Commission until they hire a Subscribing Photographer to create Data for them, and the Client or Guest becomes a paying Subscriber, and the Client or Guest accepts the Photographer’s invitation to transfer the commissioned Data into the Client or Guest’s LuminHouse Account.
At this point the Data (but not necessarily the copyright) becomes the property of the Client or Guest, in accordance with their agreement with the Photographer. The Guest is henceforth known as a Client.
Photographers and Ambassadors may earn a one-off commission (per referral) for recommending The Services to Photographers who purchase an annual Subscription to LuminHouse as a result of that recommendation.
All Photographer Commissions cease upon Termination of their LuminHouse Subscription.
Information provided to LuminHouse Ltd by The Software
1.1 Changes to The Contract
We may modify any part of The Contract at any time. The date and version number will indicate the date that the current version of The Contract came into force, and which version of The Contract it is.
If we make any material changes we will provide You with reasonable notice through The Services, or by other means specified in Your Contact Information, so that You may review the changes before they become effective. Changes cannot be retrospectively applied. If You object to the changes, You may Terminate Your Account.
Your continued use of The Services after we publish the new version of The Contract or send a notice about our changes to The Contract means that You are consenting to the updated Contract.
2. Use of The Services
2.1 Who can Use The Services
The Services are not for use by anyone under the age of 18 (the ‘Minimum Age’).
To use The Services, You agree that: (1) You are the Minimum Age or older; (2) if You are a Client or Guest You will only have one LuminHouse Account, which must be in Your real name; (3) if You are a Photographer You will have only one LuminHouse Account Registered per business that You own and the Registration will be in the name of that business and (4) You are not prevented by LuminHouse staff from using The Services (i.e. Your Account has not been suspended or Terminated by LuminHouse Ltd).
Creating an Account with false information is a violation of our terms, including Accounts Registered on behalf of others or persons under the Minimum Age.
If local law requires that You must be older than 18 in order for LuminHouse to provide The Services to You without parental consent (including the use of Your Personal Data) then the Minimum Age is such older age.
2.2 Your Account Security
Registered Photographers, Clients and Guests are Account holders. As an Account holder You agree to: (1) choose a strong password; (2) keep Your password secure and confidential; (3) adhere to the Terms within The Contract. You are responsible for anything and everything that happens through Your Account unless You Terminate it or report its misuse via email to [email protected].
2.3 Subscription Payments and Withdrawal of Commission Payments
Subscription payments are taken via Stripe, using Your Credit or Debit Card – the details of which are then stored by Stripe so that future payments may be taken automatically.
If You purchase any of our Subscription services You agree to pay us the associated Fees and any applicable taxes. Failure to pay these Fees and taxes will result in the Termination of Your Subscription services and deletion of Your Data.
We will automatically renew Your Subscription at the end of the billing period unless You have Terminated Your Account link Note – we require 10 days’ notice of Termination in order to prevent further subscription payments being processed.
Additionally You agree that:
- Your purchase may be subject to Your Bank or Credit Card company’s foreign exchange processing fees, and/or differences in prices as a result of Your location (e.g. exchange rates between Your currency and ours, which are subject to permanent fluctuation);
- Your purchases of our Subscription services are subject to the LuminHouse Refund Policy;
- For Clients and Guests: depending on the ‘Country, State or Region’ (Area) in which You reside we may calculate and add sales tax and any other taxes that are a requirement by law in Your Area;
- If You are a Photographer: depending on the Area in which You and/or the business associated with Your Account resides, we may calculate and add sales tax and any other taxes that are a requirement by law in that Area;
- If You are a Photographer or Ambassador and You earn Commission: You are solely responsible for any taxes that You are liable for as a result of that income;
Copies of invoices may be obtained via Your LuminHouse Account Dashboard.
Withdrawal of Commission paid to Photographers and Ambassadors
Commission is paid into a Paypal account. Photographers and Ambassadors need a Paypal account in order to receive the Withdrawals they make from their earned Commission. A record of Commission earned and Withdrawals made, is held in the LuminHouse Dashboard. Withdrawals are made via the Dashboard.
2.4 How we will send Information to You
You agree to us sending information to You in the following ways: (1) from within The Service, via Your Dashboard or (2) via the Contact Information You provide to us at Registration and maintain via Your LuminHouse Dashboard (e.g. email address, telephone number). You agree to keep Your Contact Information up to date.
2.5 Sharing and Privacy of Data
The Services allow You to share Your Data (via LuminHouse Galleries) with individuals invited by You to see it. Within LuminHouse You will choose whether to make a Gallery Public or Private. Private galleries require a Password for access by You and Your invitees.
Should You choose to share Your Data on other platforms such as (but not limited to) social media platforms, You are entirely responsible for the Privacy of Your Data. LuminHouse has no jurisdiction over the Privacy policies of other File-Sharing media/channels that You choose to use.
2.6 Misuse of The Services
LuminHouse Ltd reserves the right to restrict, suspend, or Terminate Your Account if we believe that You may have breached The Contract, or caused an infraction of the law, or that You have infringed the rights of another person (see section 9.2 Item 3), or that You have violated (but not necessarily invalidated) any part of The Contract.
2.7 Notification of Additional Products and Services
3. Service Availability
We may alter, suspend or end any part of The Services or modify prices at our discretion. Material changes will become effective upon notice provided to You. You will have the option to cancel or change Your Subscription to The Services at any time, subject to the terms of our Refund Policy.
Any change to The Services will become effective immediately, or at the date advised in our notice where applicable. Any change in the cost of Subscriptions will take effect at the next charging point for Your Subscription plan.
Any delay in or failure of performance by LuminHouse Ltd, The Software and/or The Services under the terms of The Contract will not be considered a breach of The Contract and will be excused to the extent caused by any occurrence beyond the reasonable control of LuminHouse Ltd including, but not limited to, acts of God, power outages and governmental restrictions.
4. Intellectual Property Rights and Trademarks
LuminHouse Ltd reserves all of its intellectual property rights in The Software and The Services, including but not limited to text, graphics, logos, icons, audio clips, video clips, downloadable resources and the arrangement thereof.
Using The Software and The Services does not give You any ownership of The Software or The Services or the content or information disseminated through The Software and The Services. No part of The Services may be modified or republished in any form or distributed in any way, without the express permission of LuminHouse Ltd. Copyright notices on downloaded or distributed resources must remain intact.
LuminHouse, luminhouse.com, ‘A Gallery for a Lifetime’, LuminHouse logos and other LuminHouse trademarks, and graphics used for The Software and The Services are trademarks and/or service marks of LuminHouse Ltd.
LuminHouse Ltd shall not acquire intellectual property rights, or take ownership of the copyright, for any Personal Data, or Photos that do not contain Personal Data, housed within the LuminHouse Account of a Photographer, Client or Guest.
For the purposes of improving or promoting The Services Photographers, Clients and Guests (‘Visitors’) creating content within The Services or the social media pages of LuminHouse Ltd, grant LuminHouse Ltd a royalty-free, perpetual licence to use all content that they create (‘Visitor Generated content’) including, but not limited to, comments and feedback about The Services. LuminHouse Ltd reserves the right to amend or delete Visitor Generated Content for any reason.
5. Disclaimer and Limitation of Liability
5.1 Warranty SHOULD THIS SECTION BE IN BLOCK CAPITALS?
LuminHouse Ltd warrants that it (1) has the necessary skill to supply The Services and (2) that The Services will be supplied with due skill, care and diligence. We have a duty to use reasonable care and skill to ensure that the information we present within The Services is true and accurate. We commit to resolving any reported concerns regarding the information we present, within 72 hours of receiving the report. At the very least this means we will remove the reported information until the concerns have been fully investigated.
System Data breaches will be reported to the appropriate authority within 72 hours of LuminHouse Ltd becoming aware of the breach. Individual Data breaches will be dealt with as per our Data Breach policy.
Whilst we endeavour to ensure the accuracy and integrity of luminhouse.com, we do not guarantee its accuracy or integrity and we cannot guarantee that luminhouse.com will not be subject to attack by third parties who may introduce inaccuracies or errors. We cannot guarantee that The Services will function without interruption or errors or that The Services will function as intended in areas where internet and/or mobile data service is non-existent or unreliable. See luminhouse.com for advice as to the browser and operating system requirements for effective use of The Services.
5.2 Limitation of Liability
To the extent permitted under law, LuminHouse Ltd shall not be liable to You or others for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any inaccuracy, loss, or misplacement of Data stored within The Services, or any loss of reputation or causing of emotional stress as a result of Your use of the Services, or any loss of income or profits as a result of Your use of The Services. Your sole remedy for dissatisfaction with the Services is to Terminate Your Account.
IN NO EVENT SHALL LUMINHOUSE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, LUMINHOUSE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
You agree to indemnify and hold harmless LuminHouse Ltd, its directors and staff, agents, associates, third party service providers, suppliers, and its successors and assigns from any claims, demands, causes of action, judgments, liabilities, losses, and expenses arising from: (1) Your breach of The Contract; (2) any Data that You upload to and share from a Gallery or any information that You post on luminhouse.com or the social media accounts of LuminHouse; or (3) Your misuse of information provided by other Photographers, Clients or Guests. The indemnity provisions contained in this section include but are not limited to reasonable legal fees and court costs.
You may Terminate Your Account at any time with 10 days notice. The Termination Date is the final date of the Subscription period that You most recently paid for. At midnight (GMT) on the Termination Date, we will cease to provide The Services to You and all of Your Data will be permanently Deleted.
The following shall survive Termination of The Contract:
- Our rights to use and disclose any feedback You have provided at any time;
- Sections 5, 7, 8, and 9.3 of The Contract;
- Any amounts owed by either party upon reaching the Termination Date will remain owed after the Termination Date.
As per Section 2.6 Misuse of The Services we may Terminate The Contract or suspend or Terminate Your use of The Services at our discretion, without notice, if You fail to comply with the terms of The Contract.
If Your Subscription is suspended or Terminated by us, You may be unable to access Your Data; You will not receive any refund of Fees or any other compensation, and Your Data may be Deleted.
If The Services are suspended or Terminated as a result of LuminHouse Ltd’s insolvency, winding-up, appointment of a receiver or liquidator or upon entering into a scheme of arrangement on behalf of LuminHouse Ltd the terms of The Contract shall survive.
7. Governing Law and Jurisdiction
The Contract shall be exclusively governed by and construed in all respects in accordance with the laws of Ireland.
The parties agree to submit to the exclusive jurisdiction of the Courts of Ireland located in Dublin, Ireland as regards any claim or matter arising out of or in relation to The Contract and/or The Services. Claims and disputes can be litigated only in Dublin, Ireland.
In any action to enforce the terms of The Contract the prevailing party shall be entitled to payment of costs and legal fees by the other party.
8. General Terms
To the extent permitted by law, the English language version of The Contract is binding. This version of The Contract (and any additional terms that may be provided to You by us when You engage with The Services) is the only agreement between us regarding The Services and it replaces all previous versions of The Contract.
If an Irish court finds any part of The Contract unenforceable, You and we agree that the court shall modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, You and we agree to ask the court to remove that unenforceable part and still enforce the rest of The Contract.
Any failure to enforce a breach or act upon a violation of The Contract, or any choice on our part not to enforce a breach or not to act upon a violation of The Contract, does not mean that LuminHouse Ltd has waived its right to enforce The Contract.
Any claim by either party in relation to a breach of The Contract must be made within 6 years of the date of the breach.
You may not assign or transfer The Contract (or Your use of The Services) to anyone without our consent. However, You agree that LuminHouse Ltd may assign The Contract to its affiliates or a party that buys it, or to any Receiver, Administrator, or Liquidator, without Your consent.
You agree that the only way to provide us with a legal notice is at the address provided in Section 11.
9. Contractual Obligations
9.1. You agree that You will:
- Comply with all applicable laws including, without limitation, privacy laws, intellectual property laws, anti-spam laws, tax laws, and regulatory requirements;
- Provide accurate Personal Data to us and keep it updated;
- Use Your real name at Registration (if You are a Client or Guest);
- Use Your business name at Registration (if You are a Photographer);
- Use The Services in the spirit for which they are intended.
9.2. You agree that You will not:
- Create a false identity with luminhouse.com, or use or attempt to use another’s Account unless You can prove that You have their express permission to do so;
- Disclose or Share information that You do not have the consent to disclose or Share (such as any Personal Data of others, including their Photos and related Comments);
- Violate the intellectual property rights or other rights of others. For example, do not copy or distribute Data belonging to others without their permission; do not make libellous, defamatory, inflammatory, bigoted, violent, racist, sexist, ageist, or otherwise illegal, discriminatory, harmful, or offensive Comments about Photos displayed in Your Account or that of another LuminHouse Ltd Customer;
- By any means monetize or make profit from The Software or The Services (other than via legitimately earned Commissions) without the written consent of LuminHouse Ltd;
- Upload to luminhouse.com any Data or other vehicle that contains Malware;
- Override any security feature or bypass or circumvent any access controls or Data-use limits of The Software or The Services;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for The Software or any related technology that is not open source;
- Monitor The Software’s or The Services’ availability, performance, or functionality for any competitive purpose;
- Interfere with the operation of, or place an unreasonable load on, The Software or The Services (for example but not limited to spam, denial of service attack, distributed denial of service attack, introduction of Malware, gaming algorithms);
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of The Software or The Services;
- Overlay or otherwise modify The Software or The Services or their appearance;
- Develop, support or use any form of software or any other technology or any person or persons to scrape data from The Software or The Services or otherwise copy data from The Software or The Services with the intention of taking custom from, or doing harm to, the business of LuminHouse Ltd;
- Copy, use, disclose or distribute any information obtained from The Software or The Services, whether directly or through third parties (including search engines), without the consent of LuminHouse Ltd;
- Violate the intellectual property or other rights of LuminHouse Ltd, including, without limitation, (1) copying or distributing videos, blogs and/or other materials residing at luminhouse.com (2) copying or distributing our technology, unless it is released under open source licenses; (3) using the word ‘LuminHouse’ or our logos in any business name, email, or URL without the written permission of LuminHouse Ltd;
- Deep-link to The Services or information shared on our website, without crediting LuminHouse Ltd as the source and providing a link to www.luminhouse.com;
- Imply or state that You are affiliated with or endorsed by LuminHouse Ltd without our express written consent (e.g. do not represent Yourself as a LuminHouse Ambassador, unless You have been invited to that position, in writing, by the staff of LuminHouse Ltd.).
10. Complaints Regarding Data Stored In and Shared Via a LuminHouse Account
LuminHouse Ltd provides an unmoderated service. A such we assume no responsibility for the Data and Comments stored within a LuminHouse Account and shared by the Photographer, and/or Client and/or Guest owner of the Account. This does not mean that we consent to the storage and sharing of Forbidden Data or other offensive Data and/or Comments.
Any gallery found to contain such Data and/or Comments will be immediately suspended and the Photographer, Client or Guest owner will be restricted from using all LuminHouse Ltd services with immediate effect. This means they will be denied access to ALL Data stored within their LuminHouse Account and that Data may be permanently Deleted.
Additionally, we respect the intellectual property rights of others. We require that the Data Uploaded to a LuminHouse Account by Photographers, and/or Clients and/or Guests must not violate the intellectual property rights or other rights of third parties. We assume that anyone identifiable within a Photo contained by a LuminHouse Gallery, has given their permission for the display of that Photo within the Gallery.
We provide a facility to report Data that contravenes this clause. See here for further information.
We may demand clarity in the complaint, in order to assess its merits.
11. How To Contact Us
If You want to send us notices or service of process, please contact us at:
The Rubicon Centre
Getting in touch about the information presented here
We love receiving feedback, as it helps us to improve our services to you.
If you have any questions about our Terms, please send an email to [email protected]
Please note – although we talk about GDPR here, the regulations only apply to citizens of, and visitors to, the EU and the UK. However these regulations have been designed to give the utmost protection to your Personal Data and we think that’s a good thing for everyone – so we will apply them to all of our Customers, from wherever in the World they hail.