1. Acceptance of Terms
By accessing or using the Lumenery platform ("Platform"), you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Platform.
These Terms constitute a binding agreement between you and Lumenery ("Company," "we," "us," or "our").
2. Platform Role and Disclaimer
Lumenery is a technology platform only that facilitates connections between artists, organizations, and other users.
Lumenery:
- Is not a party to any agreements between Users
- Does not employ, represent, vet, or guarantee any User
- Does not guarantee the quality, legality, safety, or success of any opportunity, collaboration, or transaction
All interactions, agreements, and outcomes are solely the responsibility of the Users involved.
3. Eligibility
You represent and warrant that:
- You are at least 18 years old
- You have the legal authority to enter into binding agreements
- Your use of the Platform complies with all applicable laws
4. User Accounts
You agree to:
- Provide accurate, complete, and current information
- Maintain the security of your account credentials
- Accept responsibility for all activity under your account
Lumenery reserves the right, in its sole discretion, to suspend, restrict, or terminate accounts at any time, with or without notice.
5. User Responsibilities
Artists
Artists represent and warrant that:
- They own or have rights to all submitted content AND content submitted is original work completed by them
- Their work does not infringe on any third-party rights
- They will fulfill commitments made through the Platform
Organizations
Organizations represent and warrant that:
- Opportunities posted are accurate and lawful
- Compensation terms (if any) are clearly disclosed
- They will honor commitments made to artists
6. Payments, Subscriptions, and Fees
Platform Fees
Lumenery may offer free and paid features, including subscription-based services. All pricing and billing terms will be disclosed prior to purchase.
Subscription Billing
- Subscriptions may be billed on a recurring basis (e.g., monthly or annually)
- By purchasing a subscription, you authorize Lumenery to charge your payment method automatically on a recurring basis until canceled
7. Cancellation Policy (Subscriptions)
- You may cancel your subscription at any time through your account settings or by contacting us at amandakossart@gmail.com
- Cancellation will take effect at the end of the current billing period
- No refunds or partial refunds will be provided for unused time, except where required by law
- You will retain access to paid features until the end of your billing cycle
Lumenery reserves the right to:
- Modify subscription pricing with reasonable notice
- Change or discontinue subscription features at any time
8. No Guarantee of Results
Lumenery makes no guarantees regarding:
- Artist selection or bookings
- Volume or quality of opportunities
- Revenue, exposure, or outcomes
Use of the Platform is at your own risk.
9. Intellectual Property
Platform Ownership
All Platform content, branding, and technology are owned by Lumenery and protected by applicable intellectual property laws.
User Content License
By uploading content, you grant Lumenery a:
- Non-exclusive
- Worldwide
- Royalty-free
- Sublicensable license
to use, display and promote your content in connection with the Platform and marketing efforts.
10. Prohibited Conduct
You agree not to:
- Misrepresent your identity or offerings
- Post fraudulent, misleading, or exploitative content
- Violate any laws or third-party rights
- Interfere with Platform functionality
- Attempt to bypass Platform systems or fees
11. Disputes Between Users
Lumenery is not responsible for disputes between Users.
You agree that:
- You are solely responsible for your agreements
- Lumenery has no obligation to mediate disputes
- Any legal claims must be directed toward the other User(s), not Lumenery
12. Termination
We reserve the right to suspend or terminate your access at any time, for any reason, including:
- Violation of these Terms
- Conduct that may harm the Platform or other Users
No refunds will be issued upon termination for violations.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We disclaim all warranties, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUMENERY SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
IN NO EVENT SHALL LUMENERY'S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO THE PLATFORM IN THE PREVIOUS 12 MONTHS.
15. Indemnification
You agree to indemnify, defend, and hold harmless Lumenery from any claims, damages, liabilities, and expenses arising out of:
- Your use of the Platform
- Your content
- Your interactions or agreements with other Users
- Your violation of these Terms
16. Modifications
We reserve the right to modify these Terms at any time. Updates will be effective upon posting.
Your continued use of the Platform constitutes acceptance of the updated Terms.
17. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles.
