Terms and Conditions

Introduction

Welcome to Lumepic. These Terms & Conditions govern the use of the Lumepic platform (the “Service”), which is operated and administered by Spotted Uruguay SAS, a company duly incorporated under the laws of the Oriental Republic of Uruguay (hereinafter, the “Company”), and apply whenever an individual or legal entity (the “User”) accesses or uses the Service through the platform available at http://www.lumepic.com (the “Site”).

By accessing or using the Service, the User acknowledges that they have read, understood, and fully accepted these Terms & Conditions and agree to be legally bound by them.

If the User does not agree with these Terms & Conditions, they must refrain from accessing or using the Service.

About the service

Lumepic is a virtual platform for photographers and athletes around the world.

The platform provides a space for photographers to share and sell their images. The photographs published on Lumepic are the exclusive property of the photographers and are referred to as "Intellectual Works."

Users upload Intellectual Works to the Site to sell them to other users for personal use, including posting on social media. Buyers may not use the photographs for commercial purposes.

Lumepic is free to use and charges a 20% commission on photographers' sales unless another amount is specified.

User conduct rules and service use

By subscribing to the Service, the user will create a personalized account, including a username and password to access the Service and receive messages from the Company.

The User must immediately notify of any unauthorized access to their account. The Company is not responsible for unauthorized use of your name, password, or account.

Usage restrictions

Use of this Site is subject to the following restrictions:

  • Do not post abusive, threatening, obscene, defamatory, racial, sexual, religious, offensive, or unrelated material.
  • Do not use the Service for illegal purposes.
  • Do not harass, abuse, or harm others.
  • Do not use another user's account without permission.
  • Do not provide false information when registering.
  • Do not interfere with the operation of the Service.
  • Do not take actions that impose an unreasonable burden on our servers.
  • Do not ignore robot exclusion headers or use software to harm, track, or manipulate the Service.

Conduct restrictions

The User is responsible for their use of the Service. The Company may remove the User from the Service at its discretion.

By using the Service, the User agrees to be responsible for their account and activity.

Lumepic may determine if the use of the Service is appropriate and cancel the User's account with or without prior notice.

The User agrees that any liability for the use of the Service is theirs. The Company is not responsible for misuse of the Service.

The Company may monitor User interactions with the Service.

Intellectual works

The Intellectual Work refers to any photographic material that the User uploads to the Site.

The User grants the Company a worldwide license to use, reproduce, adapt, and publish their Intellectual Work for promotional purposes, and to sublicense these rights to business partners.

The Company may apply promotions and discounts to encourage higher sales.

The Intellectual Work must not be unlawful or infringe on the legal rights of third parties.

The User must not submit any Intellectual Work that is subject to a lawsuit.

The Company may edit or remove any material submitted to the Site.

Content legal notice

The Company does not guarantee the accuracy of the information about the Service and is not responsible for opinions or advice from third parties. The Company is not liable for losses or damages resulting from reliance on information about the Service.

The Company may monitor the use of the Service or limit a user's access if they violate these Terms of Service or engage in illegal, offensive, or harmful activities.

Unauthorized use may result in criminal or civil actions. If you become aware of misuse of our Service, please contact help@lumepic.com.

Links to other sites and/or materials

The Service may provide links to third-party websites ("Third-Party Sites").

These links are provided as a courtesy. The Company has no control over Third-Party Sites and is not responsible for their content, accuracy, or completeness.

The inclusion of links to Third-Party Sites does not imply the Company's endorsement.

If the User accesses Third-Party Sites, they do so at their own risk and should review their terms and policies.

Closure of repeat infringer accounts

The Company respects the intellectual property rights of third parties and may close the accounts of infringing users.

Intellectual property

The Service owns all intellectual property rights related to the Service, including copyrights and trademarks. Other names mentioned in the Service may be trademarks of their respective owners. The Service reserves all rights not granted in these Terms and Conditions.

Communications via email

Email communications do not constitute legal notice to the Company in situations where notification is required by contract or law.

User consent to receive communications electronically

The User agrees to receive communications from the Company electronically and acknowledges that these communications meet legal requirements.

The Service may use the User's email address to send information about the Company and special offers.

The User can disable these emails in their account settings or by emailing help@lumepic.com.

Disclaimer of warranty

The Service is provided without any warranty of any kind. The Company disclaims all warranties related to the Service, including warranties of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement.

The Company does not guarantee that access to the Service will be uninterrupted or error-free. The User assumes responsibility for the use of files obtained from the Service.

Limitation of damages; Release

To the extent permitted by law, the Company is not liable for loss of profits, use, or data.

Modification of the Terms of Use

The Company may change the Terms and Conditions at any time. The User should check the Site for changes. Material changes will be notified on the Site or via email. The User must keep their contact information up to date. Changes to these Terms and Conditions must be made in writing and signed by a Company director.

General Terms

If any part of this Agreement is invalid, it will be interpreted according to the law. The remaining portions will remain in effect. The failure to enforce any provision shall not be considered a waiver. The Company's rights survive the termination of the Service. Any action related to the Company must be initiated within one year. These Terms and Conditions are governed by the laws of the Oriental Republic of Uruguay. The Company may assign these Terms and Conditions. The User may not assign rights or obligations without the Company's consent. These Terms and Conditions and the Privacy Policy represent the complete agreement between the User and the Company.

Group Structure and Intra-Group Services

Lumepic is a platform operated and administered exclusively by Spotted Uruguay SAS, which is the sole entity responsible towards Users for the provision of the services offered through the Platform, including — without limitation — the intermediation, commercialization, distribution of photographic content, billing, and customer support.

Spotted Uruguay SAS is part of a corporate group that includes The Spotted Global Inc, a company duly incorporated under the laws of the State of Delaware, United States of America.

Within this corporate structure, The Spotted Global Inc provides certain internal support services to Spotted Uruguay SAS, including administrative, technological, and/or treasury-related services, exclusively on an intra-group services basis. Such services do not imply any assignment, delegation, or transfer of the operation of the Platform or of the contractual obligations assumed towards Users.

Accordingly:

  • The User enters into a contractual relationship exclusively with Spotted Uruguay SAS.
  • The Spotted Global Inc does not operate the Platform and does not act as an intermediary with respect to Users, Photographers, Organizers, or third parties.
  • The Spotted Global Inc assumes no direct or indirect liability towards Users in connection with the services provided through Lumepic.
  • Nothing in these Terms and Conditions shall be construed as creating any contractual relationship between the User and The Spotted Global Inc.

The use of services provided by affiliated entities within the corporate group is intended solely to optimize operational and financial processes and does not affect the rights of Users nor the obligations assumed by Spotted Uruguay SAS under applicable law.