LUMICAST
TERMS OF SERVICE
These Terms govern your access to and use of Lumicast Agency, LLC. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Lumicast Agency's Privacy Policy), and procedures that may be published from time to time by us. You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
1. Your Account
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account and keep the information current. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure. You are responsible for maintaining the security of your account and any Service related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Visitors and Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else and are not responsible for any use or effects of such Content. So, for example: We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties. If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct. We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The existence of a link to or from one of our Services does not represent or imply that we endorse such website. When using these links, You are responsible for Page 2 of 5 privacyterms.io taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
3. Fees, Payment, and Renewal
a. Fees for Paid Services
Certain Services offered by Lumicast Agency, LLC (“Lumicast”) require payment. By engaging our Services, you agree to pay the fees outlined in the applicable proposal, quote, invoice, or Client Service Agreement. Fees may include one-time project fees, recurring monthly retainers, or other agreed-upon charges based on the scope of Services.
b. Payment
Unless otherwise agreed in writing, invoices are due according to the payment terms stated on the applicable invoice or agreement. Failure to make timely payment may result in suspension or termination of Services. You are responsible for all applicable taxes, fees, and charges associated with your engagement unless otherwise stated.
c. Fee Changes
Lumicast reserves the right to modify its pricing for future Services at any time. Any changes to pricing will not affect an existing signed agreement during its stated term unless mutually agreed upon in writing. Pricing for new engagements or renewals may be adjusted upon advance notice.
d. Refunds and Renewals
Unless otherwise provided in a written agreement, fees paid for Services already performed are non-refundable. Ongoing service engagements are governed by the renewal and termination provisions contained in the applicable Client Service Agreement or Statement of Work.
4. General Representation and Warranty
By accessing this Website or engaging the Services of Lumicast Agency, LLC (“Lumicast”), you represent and warrant that:
a. Compliance with Laws
You will use this Website and our Services in compliance with all applicable federal, state, and local laws, regulations, and industry standards.
b. Accuracy of Information
You agree to provide accurate, current, and complete information when submitting inquiries, entering into agreements, or otherwise communicating with Lumicast. You are responsible for promptly notifying us of any material changes to such information.
c. Client Content and Rights
You represent and warrant that you own, or have obtained all necessary rights, permissions, licenses, and approvals to provide any content, materials, trademarks, logos, images, videos, or other information submitted to Lumicast for use in connection with the Services. You agree that such materials do not infringe upon the intellectual property or other rights of any third party.
d. No Guarantee of Results
While Lumicast strives to provide strategic communications, marketing, public relations, media production, and consulting services of the highest professional quality, we do not guarantee any specific business outcome, media placement, publicity, audience growth, revenue increase, search engine ranking, or other measurable result. Outcomes depend on numerous factors beyond our control.
e. Website Availability
We make reasonable efforts to keep this Website accurate, secure, and available. However, we do not warrant that the Website or its content will be uninterrupted, error-free, or free from viruses or other harmful components.
5. Copyright Infringement
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with one of our products or services violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of our service. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
6. Intellectual Property
The Agreement does not transfer from Lumicast Agency to you any intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Lumicast Agency. Any trademarks, service marks, graphics, and logos used in connection with our Services, are trademarks or registered trademarks of Lumicast Agency. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Lumicast Agency or third party trademarks.
7. Changes
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
8. Jurisdiction and Applicable Law
These Terms and Conditions and any dispute arising out of or relating to these Terms, the Website, or the Services provided by Lumicast Agency, LLC shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Orange County, California, and you hereby consent to the personal jurisdiction and venue of such courts.
9. Miscellaneous
The Agreement constitutes the entire agreement between Lumicast Agency and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Lumicast Agency may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.