Terms & Conditions
This website, www.thelumioncollective.com, is owned and operated by Ark Visuals ABN 48 932 608 407. The Lumion Collective is not affiliated with, and or endorsed by Act 3D B.V or the “Lumion” brand and operates as an independent third-party entity. This End-User License Agreement (this “Agreement, “EULA”, “License”) applies to all users of the service (collectively or individually, “You”, “Users”, “Customer”).
Before using the service, please read this agreement carefully. In purchasing products from this site, you hereby accept the terms of this agreement, and acknowledge that you have read, understood, and agree to be bound by this agreement. If you do no agree to all of the terms and conditions of this agreement, then please do not attempt to use our website or purchase, download or use any of our products.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not download or use any of our products.
This Agreement is a legal agreement between You and The Lumion Collective, and governs your use of the Service and related products and services provided to You by The Lumion Collective. The purpose of this Agreement and the License is to allow You to use the Service provided by The Lumion Collective as per the Terms on the terms and conditions stated in this Agreement, to develop works for either personal or commercial use (“Customer Assets”), as applicable under the License noted for each specific product. This EULA is made effective beginning on the earliest of the date on which you first accept this EULA, access or otherwise use the Service (the “Start Date”).
2. INTERNET ACCESS
A high-speed Internet connection is required for proper transmission and access to the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service. We are not responsible for notifying You of any upgrades, fixes or enhancements to any software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by The Lumion Collective or Ark Visuals. We assume no responsibility for the reliability or performance of any connections as described in this section.
3. THE SERVICE
The Service comprises a library of information pertaining to the Lumion software, as well as a dedicated asset store which comprises textures and models (“The Lumion Collective Assets”).
Payment of the applicable fees entitles You to use the Service, purchase The Lumion Collective Assets on a Pay-as-you-go basis through our website according to the terms of the License denoted on the Asset being purchased. You or any third party is strictly prohibited from using The Lumion Collective Assets in any other products or services or develop products and services that competes with The Lumion Collective’s products and services.
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for a single Permitted Entity (“You”) and may be used in both personal and commercial work (The “Purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
5. INTELLECTUAL PROPERTY
The products, whether modified or not, and all intellectual property copyright therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
6. REFUND POLICY
If in the event an asset provided by The Lumion Collective does not function properly:
Which causes You to be unable to fully enjoy the Service as reasonably expected; and
You have notified The Lumion Collective of the malfunction; and
The Lumion Collective is not able to properly remedy the malfunction or provide a replacement asset within a reasonable time frame,
The Lumion Collective may in its sole discretion offer you a full or partial refund of the Fees paid. Please contact The Lumion Collective at firstname.lastname@example.org for support and/or refund issues.
7. WARRANTIES AND LIABILITY
We make every effort to ensure that our products are accurate, authoritative and fit the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
Your use of The Lumion Collective constitutes your agreement to defend, indemnify, and hold harmless The Lumion Collective, its parents and affiliates, partners, and their respective employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use of misuse of The Lumion Collective and the rights granted under this agreement.
These terms and conditions constitute the entire agreement and understanding between The Lumion Collective and You for the supply of downloadable digital products, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrues to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with Australian law and both The Lumion Collective and You irrevocably submit to the exclusive jurisdiction of the Australian courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.
The Lumion Collective reserves the right, at its discretion, to update or revise the EULA at any time. The Lumion Collective will post such changes in its service and/or products and communicate such changes via email or otherwise communicate such terms to you in a suitable manner decided by The Lumion Collective and these additional or revised terms will become part of the EULA effective immediately. Please check the terms and conditions and EULA periodically for changes. Your continued use of The Lumion Collective assets constitutes your binding acceptance of the EULA, inclusive of any changes or modifications made by The Lumion Collective as permitted above.
11. NO PARTNERSHIP
This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between The Lumion Collective and You. Neither party shall have any right to bind the other party in any manner whatsoever, and nothing in this Agreement gives any rights of any kind to any third persons.