Terms and Conditions
Last updated on October 10th, 2022.
By using this website, you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.
GENERAL PROVISIONS
This website is owned and operated by Lumina Creative LLC, a Texas company.
You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks and service marks are owned by and property of Lumina Creative, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may use our intellectual property with clear and obvious credit back to our site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.
YOUR COMMUNICATIONS
Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, email us at support@brandup.ink
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
TERMINATION
If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).
REFUNDS & PAYMENT COLLECTION
We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously too. Due to the nature of the services and/or products provided, refunds will not be given. Lumina Creative reserves the right to charge 5% interest per month upon any outstanding sum left unpaid on or after 14 calendar days from due date.
After 30 days of outstanding payment, Lumina Creative reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
If payments are paid late we reserve the right to reschedule your project into our calendar sometime within the next 30 days.
ONLINE SHOP TERMS
By agreeing to these Terms of Service, 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.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Our designs are copyrighted. You may not resell the design or claim the design as your own. Lumina Creative owns the property rights to all designs, graphics, photos and files included in your design. You are prohibited from sharing the theme or any design elements we provide with additional users.You may only use a theme for ONE product or page. You may not transfer your template to anyone else .
Designers are prohibited from claiming our themes as their own and promoting them as original work. All photographs used in demo sites are not for use with any live website. Photographs provided in these demo sites are copyrighted and protected. Please be sure to replace all demo photographs..
MAINTENANCE & RETAINER PLANS
Lumina Creative is not responsible for changes made to client’s website(s) by other parties.
Lumina Creative is not responsible for third-party plugins that may become unusable as a result of performing content maintenance.
Lumina Creative will not repair client’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to working with us.
Recovery, repair, and availability of backups for client’s website cannot be guaranteed.
12 month requirement (set on auto renewal, no refunds upon cancellation.) to work with us 1:1.
ENTIRE AGREEMENT
Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
SEVERABILITY
If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
LAW AND JURISDICTION
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of California, the United States of America.
CONSENT
By using our website, you hereby consent to our Terms and Conditions of Use.
If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at support@brandup.ink