Officeparty LLC x LUTBundle
'Last updated: February 12, 2020Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.lutbundle.com website (the "Service") operated by Officeparty LLC ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes, and Promotions
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Officeparty LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Officeparty LLC customer support team.A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Officeparty LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Officeparty LLC to charge all Subscription fees incurred through your account to any such payment instruments.Should automatic billing fail to occur for any reason, Officeparty LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Officeparty LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.Officeparty LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by Officeparty LLC on a case-by-case basis and granted in sole discretion of Officeparty LLC.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.Officeparty LLC has the right but not the obligation to monitor and edit all Content provided by users.In addition, Content found on or through this Service are the property of Officeparty LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Officeparty LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Officeparty LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Officeparty LLC. Officeparty LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.You acknowledge and agree that Officeparty LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.If you wish to terminate your account, you may simply discontinue using the Service.All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Officeparty LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Officeparty LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance
.Officeparty LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Hawaii, United States, without regard to its conflict of law provisions.Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at Info@lutbundle.com
This Affiliate Agreement (this “Agreement”), dated as of April 20th, 2020 (the “Effective Date”) is entered into by and between you (the “Affiliate”), and Office Party LLC, a Hawaii limited liability company (the “Company”, and together with the Affiliate, the “Parties”, and each, a “Party”).Your participation in the Program (as defined below) shall bind you to the terms and conditions contained herein.
1. Non-Exclusive Partnership. The Company hereby appoints the Affiliate to act as a nonexclusive promoter of certain creative lookup table bundles (the “LUTS”) to customers during the Term(defined below) and subject to the terms and conditions of this Agreement. Nothing contained herein shall restrict the Affiliate from having the right to promote other goods or products. For purposes of clarity, this Agreement imposes no restrictions on the ability of the Company to work with other similarly situated Affiliates.
2. Affiliate Program. Your participation in the Company’s affiliate program (the“Program”) shall be approved by the Company, in its reasonable sole discretion. Subsequent to your acceptance into the Program, you will be required to establish and maintain an online account capable of receiving timely payment associated the activities described herein (the “Payment Account”). Additionally, an Affiliate shall only be entitled to payment under Section 2(c) herein when the Company has all applicable contact, accounting and tax documentation for reporting purposes.
(a) Clicks and “First Click” Rule. The Company shall provide the Affiliate with certain links to promote the LUTS (each, a “Click Link”). The Company shall at all times retain the right to modify Click Links upon reasonable notice to the Affiliate. In connection with the foregoing, the Affiliate hereby acknowledges and agrees to only use links which are approved by the Company. Additionally, the Affiliate shall only be eligible for receipt of the payment specified in Section 2(c) if such Affiliate is the first affiliate to tag the applicable IP address associated with a user (the “First Click Rule”). The Company shall retain sole discretion in determining the appropriate payout in accordance with the First Click Rule.
(b) No Cookie Stuffing. The Affiliate shall not, under any circumstances, use cookie“stuffing” or other techniques incorporating tracking codes without specific actual knowledge of the applicable online user.
(c) Payment. Subject to compliance with Section 2(a) above, and each time a user clicks an Affiliate’s Click Link and completes a qualified transaction (as determined by the Company in its reasonable sole discretion), the Affiliate shall be entitled to a net payout of thirty percent (30%) of the total amount generated from an applicable sale. Notwithstanding the foregoing, in the event the Affiliate is also a Contributor (as defined below), the Affiliate shall be entitled to a net payout of seventy percent(70%) of the total amount generated from an applicable sale. All payments shall be electronically deposited into the Affiliate’s Payment Account on the first (1st) business day of each calendar month. For purposes hereof, a “Contributor” shall be defined as any person who contributes LUTS to the Company to be shared between the Company and all Affiliates under the Program.
3. Intellectual Property. The Affiliate hereby acknowledges, and irrevocably conveys,transfers, and assigns to the Company, any and all of the Affiliate’s right, title and interest in and to the following, all of which may be associated with the LUTS (the “Contributed Property”): patents, patent applications, trademark registrations and applications, copyright registrations, applications and exclusive copyright licenses, and all rights of any kind whatsoever of the Affiliate accruing under any of the foregoing provided by applicable law of any jurisdiction. For purposes of clarity, while the Company will own the rights to the Contributed Property, the Company hereby issues a non-exclusive, non-transferable, and revocable license to the Affiliate to use the Contributed Property solely for the purpose of performance under this Agreement.
4. Term, Termination. The term of this agreement shall begin as of the Effective Date and can be terminated by either Party at any time with or without cause (the “Term”). Notwithstanding the foregoing, the conditions specified in Section 2 (to the extent any payments remain outstanding) and Section 3 herein shall survive the expiration of this Agreement. An Affiliate will not be entitled to receive any payments under this Agreement in the event any terms or conditions of this Agreement are breached for any reason.
5. Amendment. The Company may, from time to time and at any time, modify this Agreement. The Affiliate hereby acknowledges and agrees any modifications shall be effective immediately upon the Company posting any such modifications to the Company’s website.
6. No Employment Relationship. Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship.7. Acceptable Use. You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Program in anyway that could damage the Company’s websites, products, services, or the general business of the Company.
8. Assumption of Risk. The Company does not accept responsibility for the security of your account or content. The Affiliate hereby acknowledges and agrees participation in the Program is conducted at his or her own risk.
9. Indemnification and Limitation of Liability. You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall beable to select its own legal counsel and may participate in its own defense, if the Company wishes. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE AFFILIATE’S PARTICIPATION IN THE PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE,LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
10. No Warranties. The Affiliate hereby acknowledges and agrees, as applicable, that the Company makes no warranties whatsoever as to the Contributed Content.
11. Governing Law. This Agreement shall be governed in all respects in accordance with the laws of the State of Hawaii.