The terms "we", "us", and "our" refer to Lucht Studios. "You" and "your" refer to the user of this Site and/or the Service. "User" refers to anyone who accesses either the Site or the Service. "Subscriber" refers to users of the Service.
1. Acceptance of theseTerms
2. Use by Minors
This Site is not intended for use by minors. This site is not meant for use by persons under the age of 13. Persons under the age of 18 must seek parental consent. Persons under the age of 18 may not sign up for the Service.
Some content on this Site may not be appropriate for all viewers. Parental discretion is advised.
3. Changes to NM Artists / Art Studios Online
We may discontinue or change any content, service, function or feature of the Site or the Service at any time.
4. Copyright and Intellectual Property
Re-sale of the Site or the Service is expressly prohibited.
By signing up for our Service you are granted limited, non-transferrable, non-exclusive license for use of our system for the duration of your contract with us.
Ideas given to us for feature and service improvements become our property and you may not assert any claim on them.
You will not attempt to modify, repair, or otherwise alter this Site or the Service. You will not upload any virus or other code designed to disrupt the Site(s), the Service, their servers or networks, or other users.
You may not use any program, spider or "bot" or any other means to gather or "harvest" information from this Site or the Service.
6. Content Posted by Others
We are not liable for content that is provided by others. We have no duty to screen content that Users may supply or post, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.
Text, images, and other content contributed by Subscribers are their individual copyright and may not be re-used without the express written permission of the individual owner.
7. Customer Interactions
You acknowledge that all correspondence, interactions, sales transactions, etc that take place on or as a result of any website, webpage, or other features we provide are your sole responsibility. Lucht Studios plays no part in any such interactions and may not be held liable for disputes.
8. 3rd Parties
The Site and the Service may include links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites.
You acknowledge that we do not have control over 3rd party products or infrastructure and cannot be held liable for any issues that arise out of their use.
If you engage a 3rd party for services, including but not limited to domain registrars, DNS services, agents, reps, and SEO firms, you are responsible for all dealings with them. We are under no obligation to provide support for or work with outside vendors.
9. Use of the Service
By creating a login account and signing up for the Service, you agree to the following additional terms:
9.1 Payment and Term
Free sample sites are provided for a limited term.
This is a pre-paid Service. All fees are non-refundable. Setup fees and subscription fees are due before the site goes live. Subscription fees may be paid yearly or monthly.
If you require additional services such as customizations, arrangements and payment terms for such services may be set forth in a separate addendum to this Agreement. Each Additional Services Addendum will be incorporated into and be subject this Agreement.
Custom work requires a deposit before work is commenced. Additional payments may be required at project milestones. All remaining fees for custom work are due and payable upon project completion.
Pricing and fees for services may occasionally change. We will notify you at least 2 weeks prior to your renewal date of any changes in pricing.
Past due accounts will result in removal of your website or webpage, as well as any content and associated services. We are under no obligation to renew domains for past due accounts. Late payments will incur a late fee, a setup fee to re-activate the site and a fee to retrieve any expired domains (Note: domains may not always be retrievable, and may be permanently lost if not renewed on time).
9.2 Subscriber Responsibilities
You agree to keep your account and contact information accurate and up to date. Notices and invoices will be sent to the email address of record. Emails sent to this address will be deemed as received and will satisfy any legal requirements regarding communications. All such communications will come from the email address firstname.lastname@example.org. You must ensure that this address is not blocked by any spam filters you have installed.
You agree that if you sign up for the Service of behalf of a group or business, that the group or business in its entirety will be obligated by this Agreement. Additionally, groups and businesses must designate one point of contact.
You agree that you are responsible for what you post. You agree not to post any content that is illegal, immoral or otherwise objectionable. You agree that you own the copyright or have obtained copyright permission for any content you post. You will defend, indemnify and hold harmless Lucht Studios with regard to any third party claim or allegation that the content provided infringes on or violates any third party rights or violates any law.
You agree to keep your own copies of any materials submitted. We are not liable for any lost materials.
If you choose to register your own domain through a 3rd party, you are responsible for keeping that account paid and up to date and for managing DNS settings, including any changes.
You grant Lucht Studios a perpetual license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote your name, images, correspondence and any other content in any way and in any commercial or non-commercial medium or form without charge.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LUCHT STUDIOS BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA) THAT RESULT FROM YOUR OR YOUR CUSTOMERS' USE OF OR INABILITY TO USE THIS SITE, THE SERVICE OR ANY OTHER WEBSITES OR FEATURES WE PROVIDE FOR YOU, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, NO INFORMATION OR ADVICE GIVEN TO YOU BY LUCHT STUDIOS AGENTS, EMPLOYEES, OR CONTRACTORS SHALL CREATE A WARRANTY.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THE SERVICE, YOUR SOLE RECOURSE IS TO TERMINATE YOUR SUBSCRIPTION TO THE SERVICE AND STOP USING THE WEBSITE.
11. Force Majeure
We will not be responsible for any delay or failure in performance resulting from any cause beyond our control.
You agree to defend, indemnify, and hold harmless Lucht Studios from all liabilities, claims, and expenses, including attorney's fees, that arise from use or misuse of this Site or the Service.
The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provisions at a later time.
14. DISCLAIMERS OF WARRANTIES
LUCHT STUDIOS MAKES NO PROMISES REGARDING THIS SITE OR THE SERVICE. THIS SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES REGARDING UPTIME, USABILITY, ERRORS OR OMMISSIONS, ACCURACY, TIMELINESS, SUITABILITY FOR A PARTICULAR PURPOSE, MERCHANTABILITY, LOSS, THEFT, NON-INFRINGEMENT, COMPATIBILITY WITH SPECIFIC BROWSERS OR DEVICES, SEARCH ENGINE PERFORMANCE, OR FUNCTION.
15. Dispute Resolution
16. International Use
We make no representation that content on this Site or the Service is appropriate or available for use in all locations. If you choose to access this Site or the Service, you do so at your own initiative and you are responsible for compliance with local laws.
17. No Third Party Beneficiary
This Agreement is not intended to confer a benefit on, or to be enforceable by, any person who is not a party to this Agreement.
We reserve the right to terminate your use of this Site and/or the Service if you violate this Agreement or any rules or guidelines posted on the Site or for any other reason in our discretion.
You may terminate your subscription at any time prior to the renewal date. If you choose to terminate, you agree to pay any outstanding balances immediately.
Upon termination, we reserve the right to discontinue access to your account, delete any content and remove any pages, sites, services or other features provided for you.
This Agreement and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The Section headings used herein are for reference and convenience only and will not enter into the interpretation hereof.
Revision Date: September 7, 2012