Terms of Use

Last updated September 25, 2023

 

INTERPRETATION AND DEFINITIONS

WORD CAPITALIZATION

Words with the initial letter capitalized are defined under the conditions below. These definitions apply whether the terms are in singular or plural form.

 

DEFINITIONS

Definitions For these Terms of Use:

  • Affiliate: An entity that either controls, is controlled by, or is under common control with a party. "Control" here means ownership of 50% or more of the voting shares or equity.

  • Account: A distinct account created for your access to our website or parts of our website.

  • Jurisdiction: Refers to the state of California, United States.

  • Company: Herein referred to as "LUMACAST", "We", "Us", or "Our", means LUMACAST, Inc., located at 3261 National Avenue, San Diego, CA 92113.

  • Device: Any instrument that can access the Website, such as computers, cellphones, or tablets.

  • Goods: Items available for purchase on the Website.

  • Orders: Your request to purchase Goods from Us.

  • Promotions: Contests, sweepstakes, or other promotions available through the Website.

  • Terms of Use (or "Terms"): These conditions which form the full agreement between you and LUMACAST regarding the use of the Website.

  • Third-party Social Media Site: Any content or services provided by a third-party that might be displayed or made available on the Website.

  • Website: refers to the site, accessible from www.lumacast.com.

  • You: Refers to the individual or legal entity accessing the Website or using our services.

 

ACKNOWLEDGMENT

These Terms of Use ("Terms") define the rules for using the LUMACAST Website and establish the agreement between You and LUMACAST, detailing the rights and obligations for all Website users.

 

ACCEPTANCE OF TERMS

By accessing and using the Website, you signify your agreement to these Terms. If you disagree with any part of these Terms, please refrain from accessing the Website. All visitors, users, and other parties interacting with the Website are bound by these Terms.

 

AGE REQUIREMENT

You must be at least 18 years old to use the Website. LUMACAST prohibits access to its Website by individuals under 18.

 

PRIVACY POLICY

Your use of the Website also requires your acceptance of and adherence to LUMACAST's Privacy Policy. This policy describes our practices concerning the collection, use, and disclosure of your personal information. It further educates you about your privacy rights and legal protections. Ensure that you review the Privacy Policy in detail before accessing our Website.

 

DISPUTE RESOLUTION NOTICE

Be informed that these Terms include specific provisions detailing how potential disputes between you and LUMACAST, arising from your use of our Website, are resolved. These Terms specifically highlight an Arbitration Agreement, indicating that disagreements must be resolved through arbitration rather than in a court by a judge and jury. Moreover, arbitration claims must be made on an individual basis, meaning they cannot be raised as a plaintiff or representative in any class, collective, or representative capacity.

 

GEOGRAPHIC RESTRICTIONS

LUMACAST manages and operates the Website from its headquarters in the State of California, USA. We make no claims or representations that the Website's content is suitable, legal, or available for use outside the United States. Additionally, we do not guarantee that the content adheres to the regulations or laws of any other country. Should you access our Website from locations outside the United States, you do so on your initiative and bear the responsibility of ensuring compliance with your local laws and regulations.

 

DISCLAIMER OF WARRANTY AND LIABILITY

 

GENERAL DISCLAIMER

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. Except as may be provided in any applicable product warranty, access to the Website, its content, and any products or services through the Website are offered on an “AS IS, WITH ALL FAULTS” and “AS AVAILABLE” basis. No warranties, either expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, or non-infringement, are made regarding the Website.

 

LIMITATION OF LIABILITY

LUMACAST, its employees, agents, third-party content providers, and service partners will not be responsible for any loss or damage resulting from your use of the Website. This includes, but is not limited to, damages for loss of profits, data, or other intangibles, or any direct, indirect, special, consequential, compensatory, or incidental damages (whether based on contract, tort, strict liability, or otherwise), even if advised of the possibility of such damages.

 

CONTENT DISCLAIMER

LUMACAST neither represents nor warrants that the Website or its content is free of errors, viruses, bugs, or other harmful elements.

 

MAXIMUM LIABILITY

If any part of these disclaimers or liability limitations is deemed invalid, or if LUMACAST is found to be liable to you for any reason, our maximum aggregate liability for all such circumstances will not exceed the amount you've paid, if any, for accessing the Website.

 

CHANGES TO THE TERMS

LUMACAST reserves the right to update or modify these Terms at any time, without prior notice. Any changes will take effect immediately upon posting to the Website. We advise you to review these Terms regularly. Continued use of the Website following any changes indicates your acceptance of the revised terms.

 

INTELLECTUAL PROPERTY RIGHTS

All content, features, and materials on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, as well as the compilation and arrangement thereof, are the exclusive property of LUMACAST or its licensors. They are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Trademarks, service marks, and logos used or displayed on the Website are registered and unregistered trademarks of LUMACAST and its licensors. Unauthorized use of any content displayed on the Website may violate these intellectual property rights and could lead to criminal or civil penalties.

You are granted a limited license to access and use the Website and its content for personal, non-commercial viewing and browsing purposes only. Any other use, including but not limited to the reproduction, distribution, modification, creation of derivative works, public display, public performance, republishing, downloading, storing, or transmission of any material on our Website, is strictly prohibited unless expressly permitted by these Terms or with the prior written consent of LUMACAST. Any rights not expressly granted herein are reserved by LUMACAST.

Merely using the Website does not confer upon you any rights, title, interest, or ownership in our intellectual property or the content available through the Website. Except as expressly outlined in these Terms, no such rights are transferred to you when accessing or using the Website.

 

CHANGES TO THE WEBSITE

You acknowledge and agree that we reserve the right, in our sole discretion, to modify, alter, or update the Website and its features at any time without giving prior notice. This includes adding new features, services, enhancements, or other modifications. Unless explicitly mentioned otherwise, any additions or modifications to the Website after your initial access will fall under these Terms of Use.

We advise all users to revisit the Website periodically to stay informed of any changes. Your continued use of the Website following any modifications signifies your acceptance and agreement to such changes. While it's not our obligation, we might, at our discretion, notify users of substantial updates or changes, especially those that could significantly affect user rights or experience.

 

ACCESS TO THE WEBSITE

We reserve the right to discontinue or modify any part of this Website without prior notice. Your access to this Website can be blocked, limited, or terminated for various reasons, including but not limited to:

(a) Violating these Terms of Use.

(b) Breaching any applicable law or regulation in relation to your use of this Website.

(c) Engaging in behavior that, in our sole discretion, is deemed offensive, harmful, defamatory, or detrimental to us or others.

(d) Breaching any other agreements you have with us.

We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

 

SITE RULES

While using the Website, you must NOT:

  • Upload, post, transmit, or disseminate any malicious software such as viruses, worms, Trojan horses, time bombs, or any other harmful computer code, files, or programs.

  • Use any tools, software, or methodologies that can interfere with the proper functioning of the Website.

  • Inhibit, restrict, or prevent any other user from accessing or using the Website.

  • Harvest, collect, or gather information about other users or LUMACAST customers without their explicit consent.

  • Modify, reproduce, adapt, translate, create derivative works from, or exploit any part of the Website.

  • Engage in any fraudulent or unlawful activities on the Website.

  • Attempt unauthorized access to any parts of the Website, servers where the Website is hosted, or any other server, computer, or database connected to our Website.

  • Use automatic tools, bots, or similar methods for the purpose of unauthorized monitoring, copying, or data extraction from the Website.

  • Disrupt, interfere with, or compromise the integrity or security of the Website or any of its connected networks.

Violation of any of these rules may result in immediate termination of your access to the Website, at LUMACAST's sole discretion.

 

USER CONTENT

Any comments, suggestions, ideas, materials, and other submissions sent to us, whether through the Website, email, mail, telephone, in-store, on social media platforms or any other methods related to LUMACAST ("User Content"), are provided on a non-confidential and non-proprietary basis. When you submit User Content:

  • GRANT OF LICENSE: You grant LUMACAST an irrevocable and unrestricted license to use, reproduce, publish, broadcast, post, modify, transmit, display, distribute, or create derivative works from the User Content for any purpose.

  • YOUR RESPOSIBILITY: You are solely accountable for your User Content and any repercussions of posting or publishing it.

  • INTELLECTUAL PROPERTY: You represent that your User Content does not violate any third-party intellectual property rights.

  • ENDORSEMENT & MODERATION: LUMACAST neither endorses nor assumes responsibility for any User Content. While we reserve the right to monitor, edit, or remove User Content, we have no obligation to do so.

  • NO LIABILITY: LUMACAST isn't liable to any third party for the content or accuracy of the User Content you or other users submit.

Users are expected to refrain from posting content that is illegal, offensive, or in violation of any third party's rights. LUMACAST reserves the right to take appropriate action against any user who violates this provision, including banning from the Website or reporting to law enforcement.

 

USER SOCIAL MEDIA CONTENT

When you tag any of LUMACAST's social media accounts or use any designated LUMACAST hashtags, you agree to the following:

  • GRANT OF LICENSE: You provide LUMACAST with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the uploaded image(s) in any and all LUMACAST marketing materials on LUMACAST's official websites, and across all social media channels.

  • WARRANTIES: You represent and warrant that:

    • The uploaded images do not infringe on the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights.

    • You have obtained any and all necessary consents or permissions from identifiable individuals in the uploaded images to use their likeness for commercial purposes.

  • INDEMNIFICATION: By uploading images, you agree to indemnify and hold LUMACAST harmless from and against any claims or damages arising out of or related to the uploaded images.

 

PRODUCT DESCRIPTIONS & LISTINGS

Our Website showcases product listings, detailed descriptions, visuals, as well as potential promotions, offers, or discounts related to these items ("Goods"). These Goods might be presented directly by LUMACAST or be linked to third-party providers.

Key Points to Consider:

  • ENDORSEMENT & AFFILIATION: Just because a third-party Good is listed on our site doesn't mean we endorse or are affiliated with it. It's purely informational.

  • ACCURACY & COMPLETENESS: We always aim to be accurate, but product details, visuals, and associated promotions can change. Our site might not always reflect the most up-to-date information. Features, specs, and prices are subject to change, and we can't guarantee their completeness or timeliness.

  • MEASUREMENTS & DETAILS: Any provided weights, measurements, or similar descriptions are only to give you a general idea and might not be exact.

  • LEGAL COMPLIANCE: It's essential to ensure you're adhering to all relevant local, state, federal, and international laws when purchasing, using, or selling any Goods, including age-related restrictions.

 

PRODUCT VISUAL REPRESENTATION

We strive to present the product images on our Website with utmost accuracy and clarity. Nonetheless, there are a few factors to consider:

  • DISPLAY VARIANCE: Every computer monitor or mobile device has its own color calibration and display settings, affecting how colors are shown.

  • PERCEPTION DIFFERENCES: The way colors appear can vary from person to person, influenced by individual sight nuances.

  • PHOTOGRAPHY CONDITIONS: The lighting during the product photography session can also influence how colors are captured and presented.

As a result, while we aim for precision, we cannot assure an exact match between the on-screen color and the product's actual color.

 

PLACING ORDERS FOR GOODS

By placing an Order for Goods through the Website, You warrant that You are legally capable of entering into binding contracts.

 

YOUR INFORMATION

To order Goods, you must provide details including your name, email, phone number, credit card information, and billing and shipping addresses. By giving this information, you confirm:

  • Your authorization to use the payment method you provide.

  • The accuracy and completeness of the information.

  • Consent for us to share your information with third-party payment processors for order completion.

 

ORDER CANCELLATION

We may refuse or cancel your Order for reasons including, but not limited to:

  • Goods unavailability.

  • Descriptive or pricing errors.

  • Order discrepancies.

Suspected fraudulent or unauthorized transactions can also lead to order cancellation.

 

YOUR ORDER CANCELLATION RIGHTS

At Lumacast, each product is custom-crafted to your specifications, embodying our dedication to quality and personalization. To ensure your selection perfectly complements your space, we recommend taking advantage of our material samples and comprehensive specifications prior to finalizing your order.

Cancellation Window: You have a 10-day grace period from the time of placing your order to cancel without incurring any fees, allowing for a full refund. This period provides you with the flexibility to reconsider your decision without penalty. After this window, your order will enter production and be cast specifically for you.

Restocking Fees: Should you choose to cancel your order after it has entered production, a 25% restocking fee will be applied due to the custom nature of our products. This fee covers the costs associated with the bespoke production process and restocking of the made-to-order item.

 

AVAILABILITY, ERRORS AND INACCURACIES

Though we frequently update our Goods on the Website, inaccuracies related to pricing, descriptions, or availability can occur. We might also lag in updating Goods information on the Website or other platforms.

The accuracy or completeness of any information, including prices, product images, specifications, availability, and services, is not guaranteed. We reserve amendment rights for any errors or inaccuracies without prior notice.

 

PRICES POLICY

LUMACAST can alter prices anytime before an Order's acceptance.

Events beyond LUMACAST's control, like government action, customs duty variations, or increased shipping charges, may cause post-acceptance price changes. In such cases, you retain the right to cancel your Order.

 

PAYMENTS

Goods require a one-time payment. Acceptable methods include Visa, MasterCard, American Express, or platforms like PayPal. Card payments undergo validation and authorization checks. We aren't liable for delays or non-delivery due to authorization failures.

 

THIRD PARTY CONTENT; LINKS

The Website may grant access to or highlight materials, resources, or content generated or provided by third parties, commonly referred to as "Third Party Content." This can include, but is not limited to, links to external sites, services, or other external resources. When you engage with such functionalities, you're directing LUMACAST to display or provide the related Third Party Content to you.

 

Please be aware:

  • NO ENDORSEMENT: LUMACAST doesn't endorse, verify, or assume responsibility for any Third Party Content. This includes the reliability, accuracy, or authenticity of any information, products, or services associated with such content.

  • INDEPENDENT TERMS: Interacting with Third Party Content may subject you to terms, conditions, and policies of those third-party providers. Always review any third-party terms before proceeding.

  • POTENTIAL RISKS: Some Third Party Content may be misleading, outdated, or incorrect. Engaging with or relying upon such content is done at your own risk.

  • NO CONTROL OR LIABILITY: LUMACAST doesn't monitor or have any control over Third Party Content. We might, at our discretion, restrict access to certain Third Party Content through our Website. If you find any issues or concerns with such content, please direct them to the respective third-party provider.

     

Your use or reliance on Third Party Content obtained through our Website is solely at your discretion and risk. We advise always using caution and conducting your own due diligence when accessing or relying on any content or resources from external parties.

PROMOTIONS

Any Promotions made available through the Site may be governed by rules that are separate from these Terms. Please consult the Terms of Promotion for a description of the rules of any sale or promotion we may be having currently.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

CORRECTIONS & ACCURACY ON THE WEBSITE

While we strive to ensure the information on our Website is accurate, we can't guarantee its complete reliability, timeliness, or accuracy. We're not liable for:

  • Any potential mistakes or missed details, including those related to product availability, promotions, content, pricing, or visuals.

  • Any errors or unintentional oversights.

If we spot discrepancies or receive updates, we may revise content or even cancel orders based on inaccurate information. This can occur at any point, even after you've placed an order, and we'll do so without prior notice.

 

INDEMNIFICATION

By using our Website, you commit to defending, indemnifying, and holding harmless LUMACAST, its successors, officers, directors, agents, employees, licensors, suppliers, third-party content providers, and service partners from all liabilities, claims, damages, costs, expenses (including legal fees), or other losses arising from or related to:

  • Your violation of these Terms.

  • Any content you contribute to the Website.

  • Unauthorized use of the Website’s content, products, or services.

  • Any other actions connected to your use of the Website.

 

TERMINATION

LUMACAST reserves the right to terminate your access to the Website or deactivate your account at our discretion. This action can be taken if you violate, or encourage others to violate, these Terms or partake in behavior we find inappropriate. In the event of such termination or deactivation, any permissions granted to you under these Terms will cease immediately without prior notification.

 

GOVERNING LAW; ARBITRATION

1. APPLICABLE LAW: These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

2. DISPUTE RESOLUTION: We strive to address any disagreements amicably. If these efforts are unfruitful, it is agreed that all disputes between you and LUMACAST arising from these Terms or related purchases will be settled through binding arbitration, irrespective of the legal grounds.

3. ARBITRATION SPECIFICS:

  • Arbitration replaces the right to go to court, involving an arbitrator instead of a judge or jury.

  • Proceedings typically have more confidentiality.

  • Discovery rights can be limited.

  • Court review of arbitration outcomes is minimal.

4. ARBITRATION PROCESS:

  • Disputes will be handled by the American Arbitration Association (“AAA”).

  • Claims under US $10,000 can opt for non-appearance-based arbitration.

  • Claims over US $10,000 may have a hearing per AAA Rules.

  • Hearings will be in San Diego, California unless mutually agreed otherwise.

5. ARBITRATOR SELECTION: A neutral arbitrator, either a seasoned lawyer or a former judge, in line with AAA rules, will adjudicate.

6. FEE AND COSTS: Arbitration expenses will align with AAA Rules. While each party bears their own costs, the winning party might recover expenses based on arbitrator’s decision.

7. DECISION: The arbitrator’s award will be conclusive.

8. SMALL CLAIMS COURT: Notwithstanding the above, both parties can approach a small claims court for suitable disputes.

9. WAIVER: By agreeing to these Terms, both you and LUMACAST waive any rights to a jury trial or participation in any form of class or collective action. All claims must be arbitrated individually.

10. CLASS ACTION WAIVER: If any competent authority finds the class action waiver unenforceable for a particular claim, the arbitration agreement will not apply, and the claim must be brought in a California court.

11. CLAIM PERIOD: All claims must be initiated within one (1) year from the date of the incident.

 

MISCELLANEOUS

 

ENTIRE AGREEMENT

These Terms represent the full understanding between LUMACAST and you regarding its subject matter, superseding all prior agreements, whether verbal or written.

 

SEVERABILITY

If any part of these Terms is deemed unenforceable, that part will be considered separate, not affecting the validity and enforceability of the remaining provisions.

 

BREACH AND REMEDIES

In the event of a breach of these Terms by you, we reserve the right to seek all remedies available by law or in equity, which may include damages and injunctive relief. These remedies are not limited, and having multiple remedies doesn't restrict us from choosing any particular one.

 

NO WAIVER

Should we fail to enforce any part of these Terms at any given time, it does not waive our right to do so later.

 

CONTACT

If you have questions or comments about these Terms of Use, please contact us via email at info@lumacast.com or phone at 888-710-1026