Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Creative Light LLC (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these Terms, you may not access or use our services.

2. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the updated Terms on this page with a new effective date. It is your responsibility to review these Terms periodically. Your continued use of our services following the posting of any changes to these Terms constitutes acceptance of those changes.

3. Access to the Service

We reserve the right to withdraw, modify, or amend our services, and any service or material we provide, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the service, or the entire service, to users.

4. User Accounts

When you create an account with us, you warrant that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our service.

You are solely responsible for maintaining the confidentiality of your account and password, including but not limited to restricting access to your computer and/or account. You agree to accept responsibility for all activities that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. Intellectual Property

The service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Creative Light LLC and its licensors. The service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Creative Light LLC.

6. Intellectual Property Rights and Content Usage

6.1 Copyright Ownership

Creative Light LLC retains full copyright ownership of all photographs, videos, and audio recordings (“Media”) created for clients through our service. As the creator of the Media, we reserve all rights not expressly granted to the client in these Terms or in a separate written agreement.

6.2 Client Usage Rights

By engaging our services, clients are granted a limited, non-exclusive license to use the Media provided to them, subject to the following conditions:

a) The specific usage rights granted to clients for the Media will be as agreed upon in their individual contracts with Creative Light LLC.

b) Clients do not acquire copyright ownership of any Media created by Creative Light LLC.

c) Personal Use: Depending on the terms of their individual contract, clients may be granted rights for personal, non-commercial use of the Media. “Personal use” typically includes sharing with friends and family, displaying in the client’s home, or using on personal social media accounts (with proper credit to Creative Light LLC).

d) Commercial Use: Any use of the Media for commercial purposes, including but not limited to advertising, marketing, promotion, or sale of products or services, must be separately negotiated and licensed. Clients must obtain explicit written permission from Creative Light LLC and pay any applicable licensing fees before using the Media for any commercial purpose.

e) Any use of the Media beyond the agreed-upon terms in the contract or these Terms of Service may constitute copyright infringement and is strictly prohibited.

f) Clients may not sell, transfer, or sublicense the Media or their usage rights to any third party without explicit written permission from Creative Light LLC.

6.3 Creative Light LLC’s Usage Rights

Creative Light LLC reserves the right to:

a) Display, promote, and distribute the Media for the purposes of marketing our services, building our portfolio, and attracting potential clients.

b) Use the Media in any and all media or distribution methods (now known or later developed) for the above purposes, unless explicitly agreed otherwise in writing with the client.

6.4 Client-Provided Content

In cases where clients provide content (“Client Content”) to be incorporated into our work:

a) Clients retain all of their ownership rights in their Client Content.

b) By providing Client Content, clients grant Creative Light LLC a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Client Content as necessary to deliver the agreed-upon services.

c) Clients represent and warrant that they own or control all rights in and to their Client Content and have the right to grant the license described above.

6.5 Representations and Warranties

Creative Light LLC represents and warrants that:

a) We own all rights in and to the Media we create.

b) To the best of our knowledge, the Media we create does not infringe or violate any third-party rights, including intellectual property rights and rights of privacy/publicity.

6.6 Removal of Content

Creative Light LLC reserves the right to remove any Client Content that violates these Terms or that we believe, in our sole discretion, violates the rights of any third party

.

7. Prohibited Uses

You agree not to use the service: a) In any way that violates any applicable federal, state, local, or international law or regulation; b) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; c) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; d) In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful.

8. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREATIVE LIGHT LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California for the resolution of any dispute arising from or relating to these Terms or your use of our services.

11. Termination

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the service will immediately cease.

12. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

13. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

14. Contact Us

If you have any questions about these Terms, please contact us at:

hello@creativelightportraits.com

(858) 215-5173

Last updated: September 29, 2024