Terms and Conditions
Date of Last Revision: Jan 31, 2019
LIGHTPAINTERS.COM USERS: As of May 29, 2018, LightPainters.com is owned and operated by Carbon Creatures LLC. Your continued use of the LightPainters.com services will be subject to these Terms of Use. These Terms of Use also apply to your use of the Services, where applicable, to purchase photographic prints, videos or other related merchandise, products and services (“Products”) through LightPainters.com’s approved third party vendors and retailers (“LightPainters.com Vendors”). For information about how LightPainters.com collects, uses and discloses your information, please see the LightPainters.com Privacy Policy.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, PURCHASING PRODUCTS OR LIGHTPAINTERS.COM PRO SERVICES, OR CLICKING THAT YOU AGREE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Welcome to the LightPainters.com community! The Services provide our users with online tools designed to facilitate and share our love of light painting photography and videos and to promote camaraderie. These Terms of Use protect the legal interests of Carbon Creatures, our users and our third party vendors.
Your use of the Services and your purchase of Products is expressly conditioned upon your agreement to these Terms of Use. If you do not consent to these Terms of Use, you are not permitted to use any Services. If you access the Services on behalf of a company or other entity, you warrant that you are an authorized representative of such company or entity with the right to bind such company or entity to these Terms of Use.
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. If you are under the age of 18, you may not use this site.
These Terms of Use contain provisions that govern how claims that you and Carbon Creatures have against each other are resolved (see Section 15 — Dispute Resolution). These Terms of Use also contain provisions requiring you to resolve certain disputes or claims relating to your use of the Services by binding arbitration, rather than in court. If you do not consent to such terms, you are not permitted to use the Services.
Carbon Creatures reserves the right to change, modify, revise or otherwise amend any provision of these Terms of Use, and any other terms, policies or guidelines governing your use of the Services, at any time at its sole discretion by providing notice that the Terms of Use have been modified. Such notice may be provided by sending an email, or by posting a notice on the Site, or by posting the revised Terms of Use on the Site and revising the date at the top of these Terms of Use or by such other form of notice as determined by Carbon Creatures. Your continued use of the Services, or your purchase of any Products or the Services following the posting of the revised Terms of Use or other notice will constitute your acceptance of such changes or modifications. Otherwise, any changes or modifications will be effective within thirty (30) days of the posting of the revisions on the Site unless you notify Carbon Creatures within such thirty (30) days that you do not agree to the changes and stop using the Services. Therefore, you should review these Terms of Use whenever you access the Services and at least every thirty (30) days to make sure that you understand the terms and conditions that will apply to your use of the Services.
Our Privacy Policy provides information on how LightPainters.com collects, uses and discloses information from all users of the Services and/or information obtained through your purchase of Products through the Services.
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GENERAL TERMS
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Additional Policies
These Terms of Use and the following additional LightPainters.com terms and policies (as applicable) together constitute a binding agreement between you and Carbon Creatures. All such additional policies are incorporated into these Terms of Use as applicable and collectively govern your use of the Services and/or purchase of Products.
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LightPainters.com Community Guidelines
When you use LightPainters.com, you are subject to the LightPainters.com Community Guidelines
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LightPainters.com Membership Terms
The Services consist of the free LightPainters.com Services, as well as the paid LightPainters.com Services known as LightPainters.com Membership. LightPainters.com Membership include all the benefits of free LightPainters.com Services along with additional advantages available only to LightPainters.com Membership users. For more information on LightPainters.com Membership, please see the additional terms and information found at Section B below.
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Terms of Sale (possible future feature)
Our Terms of Sale set forth in Section A below contain additional terms, conditions and policies applicable to your purchase of Products through the Services. By ordering Products through the Services, you agree to be bound by and accept the Terms of Sale.
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Copyright Policy
Carbon Creatures respects the intellectual property rights of others and expects its users to do the same. To that end, all LightPainters.com users are subject to the Copyright Policy set forth in Section B below.
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Mobile Applications
The LightPainters.com mobile application will soon be available for download by users via authorized application stores and other platforms (e.g., the Apple App Store). If you access and use the Services via the LightPainters.com mobile application, or on a mobile phone, tablet or similar mobile device, you are bound by these Terms of Use.
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License
The Services and all images, software, platforms, tools, graphics, data, text, code, the Marks (as defined below) and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof (collectively, the “LightPainters.com Materials”) are the property of Carbon Creatures or its third party licensors and are protected by United States and international intellectual property laws.
Carbon Creatures hereby grants you a limited, non-transferable, non-sublicensable, revocable license to access and use the LightPainters.com Materials solely in accordance with these Terms of Use. Except for the limited licenses granted hereunder, Carbon Creatures reserves all rights not expressly granted and no such additional rights may be implied. You acknowledge that (i) all right, title and interest in and to the LightPainters.com Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with Carbon Creatures or its third party licensors; (ii) no right or interest in the LightPainters.com Materials is conveyed other than the limited licenses granted herein; (iii) the LightPainters.com Materials are protected by copyright and other intellectual property laws; and (iv) Carbon Creatures asserts that the LightPainters.com Materials embody valuable confidential and secret information of Carbon Creatures or its licensors, the development of which required the expenditure of considerable time and money.
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Marks
You acknowledge that "Carbon Creatures", the Carbon Creatures logo, “LIGHTPAINTERS.COM”, the LightPainters.com logo, the look and feel of the Services, and any other Product or Service names, logos or slogans of either Carbon Creatures or LightPainters.com contained in the Services are property of Carbon Creatures (collectively, the “Marks”) and may not be copied, imitated or used without the prior written permission of Carbon Creatures. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
Carbon Creatures may provide users with tools to download the Marks via the Services. If you download or otherwise obtain the Marks using such tools, Carbon Creatures grants you a limited right to (i) use the Marks for the sole purpose of referencing the Services and (ii) to use only those Marks that are made available to you by Carbon Creatures through such tools. Your use of any Marks must be consistent with the size, dimensions, color and other characteristics of the Marks and consistent with any other policies concerning the Marks that we may post on the Site or otherwise make available through the Services from time to time. You may not (i) alter or change the appearance of the Marks, (ii) use the Marks in any manner that suggests Carbon Creatures sponsors or endorses a product, service, promotion, contest, or (iii) use the Marks for any other purpose deemed by Carbon Creatures to be inappropriate. Carbon Creatures has the right to revoke your right to use the Marks at any time at our sole discretion.
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Restrictions
You agree that you will not (i) modify or alter the LightPainters.com Materials; (ii) create derivative works of the LightPainters.com Materials; (iii) decompile, disassemble, decode or reverse engineer the LightPainters.com Materials, translate the LightPainters.com Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the LightPainters.com Materials or reduce the LightPainters.com Materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the LightPainters.com Materials.
Except as otherwise expressly permitted herein, you may not use the Services or the LightPainters.com Materials to engage in any of the following prohibited activities:
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the collection, copying or distribution of any portion of the LightPainters.com Materials;
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any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the LightPainters.com Materials;
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modifying or otherwise making any derivative uses of the Services or the LightPainters.com Materials;
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scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;
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with the exception of User Content made available by users for download, the downloading of any portion of the LightPainters.com Materials or any information contained therein; or
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any use of the Services or the LightPainters.com Materials other than for their intended purposes.
Any use of the Services or of any LightPainters.com Materials other than as specifically authorized herein, without the express prior written permission of Carbon Creatures, the applicable LightPainters.com user or the Content Owner, is strictly prohibited. Any such unauthorized use will result in the immediate termination of your rights under these Terms of Use and will constitute a breach of the license granted herein.
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HyperLinks
You may create a text hyperlink to the Site, provided such link does not portray LightPainters.com or Carbon Creatures or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Carbon Creatures at any time. You may not frame the Site or utilize framing techniques to enclose the Site, LightPainters.com Materials, LightPainters.com Marks or other proprietary information without Carbon Creatures express prior written consent.
As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses (“URLs”) that you may customize. Carbon Creatures does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.
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User Content
The Services may enable you to upload, post and transmit photos and videos to the Site or other portions of the Services (including to your user photo galleries or groups through the Services) and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit photos, videos, text, music, messages, information or other content or materials (collectively, the “User Content”).
You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your photos and videos. Carbon Creatures does not claim any ownership, right, title or interest in and to your User Content.
You represent and warrant that all individuals portrayed in any and all images you upload to the site are 18 years of age or older.
Notwithstanding the foregoing, by uploading and/or posting any User Content to the Services, you grant Carbon Creatures a perpetual, nonexclusive and royalty-free right to use the User Content (and the user name that is submitted in connection with such User Content) as is reasonably necessary in order to enable Carbon Creatures to provide the Services, including to display the User Content on the Services.
You represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post or transmit, or you otherwise have the right to post, use, display, distribute and reproduce such User Content and to grant the rights granted herein; (ii) the User Content you supply is accurate and not misleading; and (iii) the use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.
From time to time, Carbon Creatures may limit the amount of User Content, including your photographs, stored via the Site. Carbon Creatures has the right, at any time, to remove your User Content stored on the Site in excess of such limits. Further, if Carbon Creatures were to terminate an account on the Site for any reason, all User Content associated with such account would be removed. While Carbon Creatures will use reasonable efforts to notify you of such removal, whether by notice in the account or by email to the email you have specified in your account, it is your responsibility to download any User Content which you wish to save and make backup copies of all User Content to prevent the loss thereof.
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Acceptable Use; Disclaimer
You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:
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User Content that is unlawful, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
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User Content that is obscene, pornographic, indecent, lewd, sexually suggestive, including without limitation photos, videos or other User Content containing nudity, unless you have restricted access to such User Content with an appropriate content filter setting that will restrict viewing by minors;
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User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
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User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party; User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
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unsolicited messages containing promotions, political campaigning, advertising or solicitations;
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private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
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viruses, corrupted data or other harmful, disruptive or destructive files; and
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User Content that, in the sole judgment of LightPainters.com, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose LightPainters.com or its users to any harm or liability of any nature.
Although we prohibit certain activities in these Terms of Use, Carbon Creatures does not make any representation or warranty that the User Content you may encounter through your use of the Services complies with these acceptable use provisions or the Terms of Use. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these acceptable use provisions. Carbon Creatures reserves the right (but is not obligated) to (i) review or screen any User Content submitted to the Site or otherwise submitted through the Services; (ii) edit any User Content posted on the Services; and/or (iii) remove any User Content from the Services for any reason, at any time, without prior notice, at our sole discretion. Carbon Creatures will have no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of such activities. Carbon Creatures’s enforcement of the acceptable use provisions set forth in these Terms of Use with respect to User Content in some instances does not constitute a waiver of our right to enforce such provisions in other instances involving similar User Content.
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Your Account
Certain activities on the Services require you to register and create an account. In order to create an account, you must be 18 years of age or older. By registering for an account, you represent and warrant that you are at least 18 years of age and that all information you provide in the registration form (“Registration Data”) is complete and accurate. Carbon Creatures reserves the right to terminate your account and/or refuse access to the Services to anyone at any time, with or without cause at its sole discretion. If Carbon Creatures terminates your account due to inactivity, Carbon Creatures will use reasonable efforts to notify you of such termination in advance by posting such notice in your account and emailing such notice to the email address you have specified in your account. You agree to keep your registered email addresses and other Registration Data current and complete, as Carbon Creatures may send important notices about your account from time to time. By registering for an account, you consent to receive communications from Carbon Creatures about the Services by email and/or system messages consistent with the terms of our Privacy Policy.
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Account Security
You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other users of the Services. You understand and acknowledge that any User Content contained in public areas of the Services, including any user galleries or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results. LightPainters.com provides security options and settings for your content available in the settings section of your applicable user account (the “Account Settings”).
We use commercially reasonable security measures to protect your account and User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” from illegally accessing the Services or their contents. LightPainters.com is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your User Content is accessed and used by the public and other users of the Services. You agree to immediately notify LightPainters.com of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to LightPainters.com.
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Third Party Services
Carbon Creatures may make third party content and services available on or through the Services (“Third Party Services”) solely as a convenience to its users (for example, links to third party websites, software and other services). When you leave the Services, you should be aware that these Terms of Use and all other Carbon Creatures policies no longer govern your use of such websites and services or any content contained thereon.
Carbon Creatures does not imply affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the Services. Carbon Creatures makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.
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Advertisements and Promotions
The Services may contain third party advertisements and promotions generated or posted by other users of the Services, LightPainters.com Vendors or other third party service providers.
Your business dealings or interactions with any third parties, including other users of the Services or LightPainters.com Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. LightPainters.com does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users or the LightPainters.com Vendors. Carbon Creatures is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with its users or a LightPainters.com Vendor or otherwise resulting from the presence of advertisements for third party products and services included on the Services.
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DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, THE LIGHTPAINTERS.COM MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CARBON CREATURES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE LIGHTPAINTERS.COM MATERIALS, AND THE PRODUCTS.
CARBON CREATURES DOES NOT REPRESENT OR WARRANT THAT THE LIGHTPAINTERS.COM MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM CARBON CREATURES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARBON CREATURES IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. CARBON CREATURES ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.
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LIMITATION OF LIABILITY
IN NO EVENT WILL CARBON CREATURES OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE LIGHTPAINTERS.COM MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM CARBON CREATURES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CARBON CREATURES’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF CARBON CREATURES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE LIGHTPAINTERS.COM MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO CARBON CREATURES FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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Indemnity
You agree to defend, indemnify and hold harmless Carbon Creatures and its affiliates and subsidiaries (collectively, the “Indemnified Parties”), and the Indemnified Parties’ independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to any User Content you post or otherwise transmit on or through the Services, your use of or inability to use the Services, the User Content, or the LightPainters.com Materials or the Products, including any actual or threatened suit, demand or claim made against any of the Indemnified Parties and/or their independent contractors, service providers, employees, directors or consultants, arising out of or relating to your User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.
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Dispute Resolution
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Applicable Law
Your use of the Services is subject to all applicable local, state, national and international laws and regulations. These Terms of Use and your use of the Services will be governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be entirely performed within the State of Colorado, without regard to its conflict of law provisions.
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Agreement to Arbitrate & Waiver of Representative Actions
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CARBON CREATURES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION 15, YOU ARE NOT PERMITTED TO USE THE SERVICES.
You and Carbon Creatures agree to arbitrate any dispute arising from these Terms of Use or relating to the Services, Site or LightPainters.com Materials. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Carbon Creatures agree: (i) to notify each other of any dispute within thirty (30) days of when it arises; (ii) to attempt informal resolution prior to any demand for arbitration; (iii) that any arbitration will occur in Santa Clara County, California; and (iv) that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable). The AAA’s rules are available at www.adr.org. Other than class procedures and remedies described in these Terms of Use, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Notwithstanding the foregoing, you and Carbon Creatures are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for (1) the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents or (2) allegedly criminal conduct under laws of the United States or any state thereof including, but not limited to, criminal laws addressing pornography, exploitation, obscenity, or hate speech.
The arbitrator will not be bound by rulings in prior arbitrations involving different Carbon Creatures or LightPainters.com users but is bound by rulings in prior arbitrations involving the same Carbon Creatures or LightPainters.com user to the extent required by applicable law. The arbitrator’s award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND CARBON CREATURES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND CARBON CREATURES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CARBON CREATURES OR LIGHTPAINTERS.COM USERS.
Unless you and Carbon Creatures agree otherwise, in the event that a court decides that any part of this Section 15 is invalid or unenforceable, you agree that any claim or dispute that has arisen or may arise between you and Carbon Creatures must be resolved exclusively by a state or federal court located in Santa Clara County, California. The remainder of the Terms of Use will continue to apply. You and Carbon Creatures agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
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Feedback
We welcome feedback from our users regarding ideas and suggestions for improvements to the Site, Services and Products. Carbon Creatures will be entitled to use any such feedback without restriction, even if you designate such feedback as confidential. You hereby grant Carbon Creatures a royalty-free, sublicensable, transferable, perpetual, irrevocable license in and to any feedback to use in any matter related to the operation of our business.
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Assignment
These Terms of Use are binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns. Notwithstanding the foregoing, you may not assign your rights under these Terms of Use without Carbon Creatures’s prior written consent. Carbon Creatures will be permitted to assign its rights under these Terms of Use at its sole discretion.
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International Users
Carbon Creatures is located in the State of Colorado in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with Carbon Creatures occur in the United States. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.
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Severability
If any provision of these Terms of Use is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms of Use will remain in full force and effect, and, if legally permitted, such offending provision will be replaced with an enforceable provision that as nearly as possible effects the parties’ intent.
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Survival
The terms and conditions of these Terms of Use which by their nature are intended to survive termination or expiration of Services (including, but not limited to, Indemnification, Warranty Disclaimer, Dispute Resolution and the Limitation of Liability) will survive any expiration or termination of these Terms of Use.
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Questions or Comments
LightPainters.com is committed to keeping our users happy and satisfied with their use of the Services. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at admin@lightpainters.com. If you have any questions, concerns, complaints or comments in any way related to your use of the Services or the transfer of your LightPainters.com account to Carbon Creatures, please contact us at admin@lightpainters.com.
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ADDITIONAL TERMS APPLICABLE TO LIGHTPAINTERS.COM MEMBERSHIP
You may use the LightPainters.com Membership only in accordance with these LightPainters.com Membership Terms (and the Terms of Use of which they are a part). In the event of any conflict between these LightPainters.com Membership Terms and the other provisions of the Terms of Use, these LightPainters.com Membership Terms will control.
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Subscriptions
LightPainters.com Membership is available to users (i) who register for a free trial (when available) or for a subscription to the LightPainters.com Membership (“Subscription”) and (ii) who pay in full the Subscription fees (“Subscription Fees”) applicable to the level of Subscription selected by such user (the “Subscription Plan”). If you wish to purchase a Subscription, we will ask you to provide certain information in order to facilitate such purchase, including your credit card number, billing address and any related payment information as required by LightPainters.com (collectively, “Payment Information”). LightPainters.com may use a third party payment processor (e.g., Amazon Payments, Stripe.com, or PayPal) to facilitate your payment of any Subscription Fees. Any Payment Information that you provide will be governed by the terms of our Privacy Policy. By submitting Payment Information via the Services, you warrant that you have the legal right to use any such credit card or other payment mechanism that you provide to facilitate the transaction.
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Free Trials
When you first register for the LightPainters.com Membership, LightPainters.com may offer you the ability to use the LightPainters.com Membership without charge for a limited trial period (a “Free Trial”). The duration of a Free Trial will be the number of days specified by LightPainters.com at the time of your registration for such Free Trial. You need to provide LightPainters.com (or our applicable third party payment processor) with valid Payment Information and select a Subscription Plan in order to register for a Free Trial. At the conclusion of your Free Trial, you will be charged for the Subscription Fee applicable to your selected Subscription Plan unless you elect to cancel your LightPainters.com Membership account prior to the expiration of your Free Trial. LightPainters.com may offer you the ability to register for a Subscription directly without the need to participate in a Free Trial.
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Subscription Plans
LightPainters.com offers a variety of Subscription Plans designed to reflect the diverse needs of our users, each with its own features, descriptions, functionality and terms with respect to the use of the Services. A description of each Subscription Plan that is currently offered by LightPainters.com is available on our Membershiop page. By purchasing a Subscription, (i) you agree to pay all applicable Subscription Fees and other charges in accordance with your selected Subscription Plan, pursuant to the renewal and termination provisions described below (including any applicable taxes, such as sales tax), and (ii) you agree that you are only entitled to the features and services applicable to the Subscription Plan that you select at the time you purchase a Subscription.
LightPainters.com Membership is intended to be used by LightPainters.com users for the distribution and sharing of photos and/or videos, as permitted under the user’s applicable Subscription Plan. LightPainters.com, at its sole discretion, reserves the right to limit, suspend or terminate your LightPainters.com Membership if LightPainters.com determines that you have violated these LightPainters.com Membership Terms or the Terms of Use.
Each Subscription is personal to the individual LightPainters.com user. You may not transfer or assign your Subscription to another individual, entity or LightPainters.com user unless such transfer or assignment is expressly permitted by the terms of your Subscription Plan.
From time to time, LightPainters.com may provide certain users with complimentary Subscriptions. Any user accessing the Services by using a free Subscription is bound by the Terms of Use and any applicable terms and conditions of these LightPainters.com Membership Terms (including LightPainters.com’s right to terminate or cancel such Subscriptions).
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Term and Automatic Renewal
Your Subscription is valid commencing on the date in which LightPainters.com provides you with access to the Services pursuant to its receipt of your valid Payment Information (the “Commencement Date”) and will last for the duration of the Subscription term that you select at the time of your registration for the LightPainters.com Pro Services (the “Subscription Term”).
YOUR SUBSCRIPTION WILL NOT AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM.
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Interruptions or Discontinuation of LightPainters.com Membership; Changes to LightPainters.com Membership and Terms of Use
LightPainters.com reserves the right at any time, at its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the LightPainters.com Membership or any portions thereof, including the Subscription Plans and any policies, features and terms applicable thereto. If the LightPainters.com Membership, or any part thereof, to which you subscribe are permanently discontinued or canceled by LightPainters.com, your Subscription will terminate, and we will have no further liability to you. You acknowledge that the LightPainters.com Membership may be interrupted from time to time, with or without notice, for maintenance, upgrades, system updates or in the event of equipment failure or for any other foreseeable or non-foreseeable cause.
CARBON CREATURES WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE LIGHTPAINTERS.COM PRO SERVICES FOR ANY REASON, OR FOR ANY LOSS OR INABILITY TO ACCESS ANY MEDIA OR MATERIALS ON THE SERVICES.
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Termination of Services
You may request the termination of your Subscription at any time by sending an email to admin@lightpainters.com providing clear written notice of such request. When LightPainters.com receives your termination request, LightPainters.com will terminate your Subscription and notify you of such termination via email. LightPainters.com may request additional information from you prior to terminating your Subscription. Your Subscription is not terminated until you receive confirmation of such termination from LightPainters.com. If you terminate your Subscription, such termination will be effective at the end of any previously paid Subscription Term. By way of example and not in limitation of the foregoing, if you request the termination of your Subscription and you have two months remaining in your Subscription Term, such termination is effective at the end of the two months remaining in your Subscription Term and you will have access to the LightPainters.com Pro Services for the remaining two months of such Subscription.
LightPainters.com may terminate a Subscription, or any user’s access to and use of the LightPainters.com Pro Services, at any time for any reason at its sole discretion, which such termination will be effective immediately. If you violate the Terms of Use, LightPainters.com at its sole discretion may (i) require you to remedy any violation thereof and/or (ii) take any other actions that LightPainters.com deems appropriate to enforce its rights and pursue available remedies.
All Subscription Fees are nonrefundable. Upon termination, cancellation or discontinuation of your Subscription for any reason, you will not be entitled to receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term.
You may change your email, credit card information or other Payment Information for your account by using the Account Settings available in your user profile. It is solely your responsibility to keep your account information and Payment Information accurate and up-to-date. If the Payment Information for your account is invalid and cannot be billed for the renewal Subscription Fee at the time such Subscription Fee is payable and due, then LightPainters.com may terminate your LightPainters.com Pro Services account for nonpayment. If LightPainters.com does not have a current, working email address for your user account, then you may not receive important notices from us regarding your account, including notices regarding termination. LightPainters.com cannot guarantee that you will receive notice of the termination of your account.
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Backup Policy
YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUP COPIES OF ANY USER CONTENT YOU UPLOAD, POST OR MAKE AVAILABLE THROUGH THE SERVICES DURING ANY APPLICABLE SUBSCRIPTION TERM AT YOUR SOLE COST AND EXPENSE. YOU MAINTAIN RESPONSIBILITY AND LIABILITY FOR ANY LOSSES OR DAMAGES YOU INCUR FOR FAILURE TO MAINTAIN BACKUP COPIES OF YOUR USER CONTENT. CARBON CREATURES IS NOT LIABLE TO YOU FOR ANY DAMAGES OR LOSSES THAT RESULT FROM THE LOSS OR BREACH OF YOUR USER CONTENT IN CONNECTION WITH YOUR USE OF THE LIGHTPAINTERS.COM SERVICES.
LightPainters.com uses third party vendors to host and store any Media that you upload to LightPainters.com through your use of the LightPainters.com Pro Services. We may require our vendors to maintain certain standards with respect to your User Content, but Carbon Creatures does not guarantee that your User Content will be secure and/or available at all times during the Subscription Term. Carbon Creatures does not guarantee that your User Content will be available on the Services after the termination of your Subscription, irrespective of the reason for such termination. It is your sole responsibility to create and maintain backup copies of any such User Content on a regular basis. Please note that when User Content or other files are deleted (or your account is cancelled), those files will be deleted as soon as reasonable pursuant to LightPainters.com’s data destruction policies and cannot be recovered by Carbon Creatures or any third party vendor following deletion.
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Independent Contractors
Use of the LightPainters.com Membership does not create a partnership, agency, joint venture or any employee-employer relationship between you and Carbon Creatures. At all times the relationship between you and Carbon Creatures will be that of independent contractors. You are responsible for all state, local, federal or other taxes that you are obligated to pay in connection with your use of the LightPainters.com Membership.
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COPYRIGHT POLICY
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, LightPainters.com has adopted a policy of terminating, in appropriate circumstances and at LightPainters.com’s sole discretion, the accounts of users who are deemed to be repeat infringers. LightPainters.com may also, at its sole discretion, limit access to LightPainters.com’s website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. LightPainters.com will respond to claims of copyright infringement committed using LightPainters.com that are reported to LightPainters.com’s Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to LightPainters.com’s Designated Copyright Agent. Upon receipt of the Notice as described below, LightPainters.com will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement (“Notice”):
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Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
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Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
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Provide your mailing address, telephone number, and, if available, email address.
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Include both of the following statements in the body of the Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
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Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to LightPainters.com’s Designated Copyright Agent:
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Address of Designated Agent
ATTN: Copyright agent
ATTN: Dan Chick
Carbon Creatures Inc.
1950 S Locust St
Denver, CO, 80224, USA
Email Address of Designated Agent
dan@lightpainters.com