Terms of Use

Welcome to Lux Archive. By using the Lux Archive website (referred to as “Lux Archive,” “We,” “Us,” “Services” or “Site”) a service of Lux Archive LLC, you are agreeing to be bound by the following terms of use (referred to as the “Terms” “Terms of Use” or the “Agreement”). By visiting our Site or using Services, you are accepting the practices described in these Terms and our Privacy Policy which is incorporated into and is a part of these Terms. If you do not agree to these Terms and the Privacy Policy, do not use the Site or request or register for any Services.

Other requirements and policies that we post elsewhere on Lux Archive are incorporated into these Terms.

GENERAL TERMS

1.You must be 18 years old or older to use Lux Archive or have a legal guardian agree that you can use Lux Archive.
2.You are responsible for keeping your password and account details secure.
3.You may not use Lux Archive for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content.
4.You may not abuse, harass, threaten, impersonate or intimidate Lux Archive staff or users.
5.You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post and display on Lux Archive.
6.You may not modify, adapt or hack Lux Archive or modify another website so as to falsely imply that it is associated with Lux Archive.
7.You may not create or submit unwanted email (“Spam”) to Lux Archive staff or users.
8.You may not transmit any worms or viruses or any code of a destructive nature.
9.You may not, in the use of Lux Archive, violate any laws in your jurisdiction.
10.Lux Archive reserves the right to reject any order for any reason.
11.If you don’t like something published on Lux Archive, you may leave the website. We aren’t responsible for the impact anything published on Lux Archive may have on you.

GIFT CERTIFICATE TERMS
Gift certificates may only be used to purchase artwork on Lux Archive. Gift Certificates cannot be refunded, exchanged, converted to cash or resold. Only one gift certificate may be used per order.

Following a purchase, if there is a remaining balance on the gift certificate that amount will be kept on the gift certificate account and can be used towards future transactions. If an order exceeds the gift certificate amount the remaining balance must be paid for with a credit card.

SHIPPING TERMS
We normally ship orders within 1-3 business days of receiving a customer’s order. In the rare case we will take longer to ship an order the customer will be notified via email and be kept informed about when their order will be shipped.

Delivery of the order will be made to the address details as shown on the order. Any inaccurate details entered on the order are the responsibility of the customer. We cannot be held responsible for orders shipped to wrong addresses as entered inaccurately by the customer.

Please see our Shipping page for further information related to shipping.

RETURN POLICY
Please see our Return Policy for information related to refunds and returns.

SECURITY
All information is encrypted and transmitted using a Secure Sockets Layer (SSL) technology to secure the communication of all sensitive information passing between your browser and our servers. To confirm that it is a secure connection, you should see “https” in the URL when you proceed to the checkout page. You should also see a GeoTrust logo at the bottom of each page. GeoTrust is a technology company that specializes in data encryption and e-commerce. It is one of the most recognized companies for certifying that a website is secure and encrypted.

CHANGES TO TERMS OF USE
Lux Archive reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.

INTERNATIONAL LAW
Lux Archive makes no representation that materials in the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

THIRD PARTY SERVICES
Lux Archive may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by Lux Archive. Lux Archive does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from Lux Archive, you do so at your own risk, and you understand that this Agreement and Lux Archive’s Privacy Policy do not apply to your use of such sites. You expressly relieve Lux Archive from any and all liability arising from your use of any third-party website, service, or content.

COPYRIGHT
Purchasing artwork from Lux Archive does not represent a transfer of copyright. Our artists retain the copyright to their work at all times. You may not reproduce artwork you receive from Lux Archive without written permission from the artist.

COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that your copyrighted material has been infringed.
•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•A description of the copyrighted work that you claim has been infringed upon;
•A description of where the material that you claim is infringing is located on the site;
•Your address, telephone number, and e-mail address;
•A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on its site is the Legal Department: support@luxarchive.com

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lux Archive, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys’ fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. Lux Archive reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of Lux Archive.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY LUX ARCHIVE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LUX ARCHIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LUX ARCHIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUX ARCHIVE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM LUX ARCHIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUX ARCHIVE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS

APPLICABLE LAW
This site is created and controlled by us in the State of New York, USA. As such, the laws of the State of New York will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.