Terms of Service
Effective Date: December 14, 2024
Introduction
Welcome to LukeAndCalifornia.com, an AI Video Production platform operated by USA Fashion Company LLC ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website and services ("Services"). By accessing, browsing, or using the Services, you agree to comply with these Terms and our Privacy Policy. If you do not agree, please refrain from using our website or Services.
LukeAndCalifornia.com combines human creativity with AI technology to deliver innovative, cost-effective, and high-quality video production services.
Eligibility
The Services are intended for individuals aged 18 or older. By using our Services, you confirm that you meet this age requirement and have the legal capacity to enter into binding agreements.
We do not provide Services to individuals or entities located in countries subject to U.S. government sanctions, including but not limited to Russia, Iran, and North Korea.
Services Overview
LukeAndCalifornia.com offers comprehensive AI video production services, including but not limited to:
Scriptwriting: AI-generated scripts tailored to client briefs.
Casting: Creation of AI-driven characters and voiceovers.
Editing: Precision editing powered by AI tools.
Visual Effects: Seamless integration of AI-generated visual effects.
Our deliverables are AI-generated, supported by human oversight to ensure quality and alignment with client expectations.
Client Process and AI Video Production Deliverables
Who is the Client?
The term "Client" refers to any individual or entity that engages LukeAndCalifornia.com for video production or related services. A Client enters into a binding agreement with us and provides the necessary details and resources to complete their project.
Process
Our workflow is designed to ensure clarity, efficiency, and collaboration:
Initial Brief: Clients provide a description of their project, including objectives, target audience, budget, and any specific goals they want to achieve.
Detailed Brief: Clients supply additional details, such as:
Logos, branding elements, and visual guidelines.
Music, voiceovers, or specific audio preferences.
Aesthetic themes or creative directions.
Agreement and Prepayment: A binding agreement is signed, and 100% prepayment is required to begin production. This policy ensures streamlined operations and competitive pricing.
Production: Based on the approved briefs, we create:
AI-generated scripts and storyboards.
Final AI-driven videos tailored to the Client’s specifications.
Revisions: Clients may request revisions within the scope of the original brief. Additional fees may apply for revisions outside the initial scope.
Deliverables. Clients will receive:
Fully edited video files optimized for the specified platforms and resolutions.
Optional raw footage, assets, or project files upon prior agreement.
Usage Rights
Client Rights
Clients receive exclusive commercial rights to the deliverables provided by LukeAndCalifornia.com.
Clients may use the videos on any platform or for any purpose permitted under their agreement with us, including advertising, promotions, or internal business use.
Luke and California’s Rights
LukeAndCalifornia.com retains the right to showcase completed projects in:
Portfolios (e.g., website or social media).
Promotional materials and exhibitions.
Subsidiaries’ or partners’ platforms.
This includes the use of logos, branding elements, and visual materials incorporated into the final product. If a Client wishes to opt out of this provision, they must communicate this in writing before production begins.
Payment and Refund Policy
Full payment is required upfront.
Refunds are not offered once production begins due to the custom nature of our services.
Third-Party Materials
Clients are responsible for ensuring that all third-party materials they provide (e.g., logos, music, or images) are licensed for commercial use. LukeAndCalifornia.com is not liable for claims arising from the use of improperly licensed materials.
Permitted Use
You are permitted to use the Content online only for your personal, non-commercial use. You may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notices from the Content.
If you operate a website and wish to link to the Site, you may do so as long as you agree to remove the link upon our request. Any other use of the Content requires prior written permission from Luke and California LLC. Your permitted use of the Content is conditional upon your ongoing compliance with these Terms.
Prohibited Use
Unless explicitly permitted by LukeAndCalifornia.com, you may not:
Republish any portion of the Content on any website, intranet, extranet, or other online/offline platform.
Incorporate the Content into any database, compilation, archive, or similar medium.
Modify, copy, frame, cache, reproduce, sell, publish, transmit, or distribute any part of the Content.
Use scraping, data mining, or data gathering methods to extract Content without prior permission.
Bypass any security measures or restrictions designed to limit access to the Content.
Client Logos and Brand Assets
As part of our services, LukeAndCalifornia.com may incorporate client-provided logos, trademarks, or brand assets into AI-generated videos. By engaging our Services, clients grant Luke and California the right to use such logos and brand elements in our portfolios, promotional materials, and on the LukeAndCalifornia.com website, unless explicitly agreed otherwise in writing.
Software and Technology
Decompiling, reverse engineering, or disassembling any software or products accessible through the Site is strictly prohibited. Attempts to manipulate the Site’s Content or functionality are not permitted.
Request to Use the Content
If you wish to use any Content from LukeAndCalifornia.com for purposes beyond what is permitted under these Terms, please submit your request through our Contact Form. Be sure to include "Content Use Request" in the subject line of your message and provide detailed information about your intended use.
In certain cases, we may offer online functionality that allows specific uses of our Content. For example:
You may be able to share a link to our Content via email or social media.
You may have the option to purchase rights to reproduce or redistribute portions of our Content for other purposes.
When such functionality is available, we will provide clear instructions on how the Content can be used or include links within the Content itself to facilitate the permitted action.
Permission for extended use of Content is subject to approval and compliance with any additional terms outlined in the Content Use Request process.
Information Collection
LukeAndCalifornia.com does not require users to create profiles or maintain registration accounts to access our website. However, we collect certain information from visitors, clients, and potential agents through specific forms on the website.
User Content Representations and Warranties
In some cases, LukeAndCalifornia.com allows users to submit or share content such as text, images, videos, or other materials ("User Content"), the following representations and warranties apply:
Ownership or Rights:
By submitting User Content, you affirm that you own the User Content or have obtained all necessary rights, licenses, consents, and permissions to use and share it in accordance with these Terms.
Non-Infringement:
You warrant that the User Content does not infringe upon any intellectual property rights, privacy rights, publicity rights, or any other legal rights of any individual or entity. You also agree not to submit any User Content that may cause harm, damage, or injury.
Use of Legal Name:
When submitting User Content, you are required to use your legal name unless submitting in areas explicitly permitting fictitious names (e.g., pseudonyms for artistic or agent purposes).
Compliance with Laws:
You acknowledge and accept responsibility for ensuring that the User Content complies with all applicable laws and regulations.
Monitoring and Removal
LukeAndCalifornia.com reserves the right to review, monitor, modify, or remove any User Content submitted to the platform if it is deemed inappropriate, unlawful, or in violation of these Terms.
User Content License
In some cases, LukeAndCalifornia.com allows users to upload, post, or share content ("User Content”). You agree to grant Luke and California LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable license to:
Use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from your User Content.
Share your User Content across affiliated websites, mobile applications, promotional materials, and other services operated by Luke and California LLC and USA Fashion Company LLC.
Make your User Content searchable and accessible on our platforms and affiliated services.
Place advertisements in proximity to your User Content.
Use your name, likeness, and other provided information in connection with the use of the User Content.
By granting this license, you waive any moral rights you may have in the User Content and authorize LukeAndCalifornia.com to use any ideas, concepts, or techniques contained in your submissions for any purpose, including commercial purposes.
User Responsibilities
You affirm that you own or have obtained all necessary rights and permissions for the User Content.
You agree to indemnify and hold Luke and California LLC harmless from any claims arising from your User Content.
Non-Compensation
These rights are granted without the need for additional compensation from LukeAndCalifornia.com.
Unsolicited Material and Ideas
While we welcome feedback and suggestions from our users, please note that LukeAndCalifornia.com is not responsible for any similarities between its content or programming and unsolicited ideas or materials submitted by users.
If you choose to transmit unsolicited submissions to us, you grant USA Fashion Company LLC a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable right and license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions.
By submitting unsolicited material, you acknowledge that:
You are not entitled to compensation, credit, or notice for any unsolicited submissions.
You waive the right to make any claims against USA Fashion Company LLC related to the use of your submission, including claims of intellectual property infringement, unfair competition, or breach of confidentiality.
This section applies to unsolicited submissions and does not affect any User Content submitted, which remains governed by the User Content License.
Linked Sites
LukeAndCalifornia.com may provide links to external websites or resources. However, we do not operate, control, or have direct affiliation with these external sites. We are not responsible for the content, practices, or terms of service of any external websites.
Exercise Caution
Before providing personal information or engaging in transactions with linked websites, we recommend that you carefully review the applicable terms and conditions and privacy policies of those sites.
By using LukeAndCalifornia.com, you acknowledge and agree that we are not liable for any content, materials, or practices of external websites, except as expressly provided in these Terms.
Embedded Video Players
During your visit to LukeAndCalifornia.com, you may come across content that is created, hosted, or licensed by third parties. This content may be accessed through links or displayed via embedded video players. LukeAndCalifornia.com has no control over these third-party sites or resources.
Liability Disclaimer
You acknowledge that we are not responsible for the availability or content of external websites or resources, and we do not assume liability for the content, actions, or policies of such third-party sites. Any information you provide on these external websites, including personal or transactional information, is governed by the terms and privacy policies of those sites.
YouTube and Vimeo Embedded Players
LukeAndCalifornia.com may utilize unbranded versions of YouTube and Vimeo embedded video players ("YouTube Player" and "Vimeo Player") to display video content from these platforms. By interacting with or engaging with these players, you agree to be bound by the terms of service of YouTube and Vimeo, as outlined on their respective websites.
By using our Site, you accept the terms and conditions outlined in this section regarding linked sites and the YouTube and Vimeo players.
Errors in the content of this website
Occasionally, errors may occur on LukeAndCalifornia.com in relation to product or service availability, pricing, or other information in advertisements or promotional materials. These errors may be caused by typographical mistakes, technological issues, inaccuracies in published dates, or information provided by advertisers, suppliers, or other third parties.
Acknowledgment of Errors
By using the Site, you acknowledge that LukeAndCalifornia.com cannot be held responsible for any errors or discrepancies related to such information. We strive to provide accurate and up-to-date details, but errors may occasionally occur, and we apologize for any inconvenience this may cause.
Exercise Judgment
We encourage users to exercise their judgment when relying on information provided in advertisements, pricing, or promotional materials on the Site.
Error Reporting
If you encounter an error or discrepancy, please report it to us promptly. We will investigate the issue and work to address it as efficiently as possible.
Corrections and Updates
LukeAndCalifornia.com reserves the right to correct any errors or inaccuracies, update information, or modify/remove advertisements without prior notice. Our goal is to ensure a transparent and fair experience for our users.
Communications with Third Parties Through the Site
Any interactions or communications you have with parties other than LukeAndCalifornia.com, conducted through the Site, are solely between you and those third parties. For example, certain sections of the Site may facilitate links or references to third-party services, vendors, or external resources.
No Liability for Third-Party Transactions
LukeAndCalifornia.com is not responsible for any goods, services, resources, or content provided by third parties through the Site. We do not control or endorse the actions, policies, or content of these external parties. Any harm, issues, or concerns arising from these interactions should be directed to the respective third parties.
Caution and Responsibility
We strongly advise users to review the terms, policies, and practices of any third party before engaging in any transactions or communications. It is important that you feel comfortable with the terms of these third parties before proceeding.
By using the Site, you acknowledge that LukeAndCalifornia.com is not responsible for any issues that may arise from third-party interactions or transactions.
Notice of Intellectual Property Infringement
LukeAndCalifornia.com is committed to complying with the Digital Millennium Copyright Act (DMCA) and other relevant laws. In appropriate circumstances, we will remove User Content that infringes on third-party intellectual property rights and may suspend or terminate the accounts of repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Site, please provide the following information to our Copyright Agent (you may want to consult legal counsel or refer to 17 U.S.C. Section 512(c)(3) for further details):
An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
A description of the copyrighted work or intellectual property.
Information about the location of the infringing material (URL is best).
Your contact details (address, phone number, email).
A statement made under penalty of perjury that you have a good faith belief that the use is not authorized.
A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
Contacting the Copyright Agent
To reach the Site's Copyright Agent, please contact Luke and California using our Contact Form. We will promptly investigate and address any notices of infringement that comply with the requirements set forth above.
Liability and Disclaimers
Disclaimer
Please be aware that all content featured on LukeAndCalifornia.com, including text, images, videos, logos, and other materials, is generated by artificial intelligence (AI), inspired by human input. The content is designed to simulate creative and engaging works, but it does not reflect the views, opinions, or expertise of any specific human author.
Regarding AI-Generated Content
Please note that all content on LukeAndCalifornia.com, including but not limited to texts, pictures, videos, logos, and even the name itself, is generated by artificial intelligence (AI). With a few exceptions, such as legal documents, AI plays a significant role in the creation of our content.
It is important to understand that AI-generated content differs from human-created content in the way it is produced. AI algorithms generate content without directly drawing upon existing works as humans do, meaning the concept of plagiarism, as traditionally understood, does not apply to AI-generated content.
However, if you believe that any content on LukeAndCalifornia.com infringes upon your copyright or violates any other intellectual property rights, please follow the process outlined in the Notice of Intellectual Property Infringement section to contact our Copyright Agent. We take such matters seriously and will investigate any legitimate claims promptly.
While the AI-generated content undergoes thorough checks for originality and adherence to legal and ethical standards, we encourage you to reach out to our Copyright Agent if you have any concerns regarding the content.
We appreciate your understanding and cooperation in upholding intellectual property rights.
Plagiarism in AI-Generated Content
While the AI is programmed to generate content based on human input, it is important to understand that the content produced by AI does not adhere to the traditional concept of plagiarism, as it is not based on existing human-created works. However, the AI-generated content is created for entertainment and informational purposes, and it may not always provide accurate or up-to-date details.
We encourage users to approach the content critically and independently verify any information presented. While we take reasonable steps to ensure the content's originality and accuracy, we make no warranties regarding the completeness or reliability of the content provided.
Accuracy of implementation of Clients' ideas
AI-Generated Content in video and audio production:
Results may vary based on the clarity of the client’s instructions. While we strive for accuracy, AI technology has limitations, and minor discrepancies may occur.
Errors and Omissions:
We commit to correcting any identified errors promptly.
Indemnification:
Clients are responsible for ensuring all third-party content provided is properly licensed and indemnify Luke and California against related claims.
Intellectual Property
While we make every effort to check AI-generated content for plagiarism, it is important to note that the AI-generated content is not considered plagiarism in the traditional sense. If you believe any content on LukeAndCalifornia.com violates your intellectual property rights, please contact our Copyright Agent as described in the "Notice of Intellectual Property Infringement" section.
By using the Site, you acknowledge and agree to the terms and conditions of this disclaimer, including the limitations on liability and the unique nature of AI-generated content.
Agent Program
We offer an Agent Program to promote our Services and reward successful referrals.
Eligibility
Agents must be 18 years or older.
Agents must have a valid bank account for commission payments.
Agents cannot reside in countries subject to U.S. sanctions.
Process
Application: Submit a complete and accurate agent application form.
Client Notification: When a client signs a contract and mentions your agent nickname, we will notify you.
Verification: Your information will be verified before offering an agent agreement.
Commissions: Earned commissions are calculated based on the final contract amount.
Key Terms
Clients receive an additional agent discount on their first video only if they correctly provide your agent nickname.
Commissions are not paid for clients who have previously used our Services.
Agents must join the program before their referral becomes a client.
Copyright
All information, content, services, and software displayed on or transmitted through LukeAndCalifornia.com are owned by USA Fashion Company LLC and/or its licensors and suppliers, except for User Content and examples of our work that are displayed with permission from our clients who own such content. This includes, but is not limited to, text, photographs, videos, audio clips, illustrations, HTML, source and object code, trademarks, logos, and other materials (collectively, the "Content"), as well as their selection and arrangement.
Contact Form
When visitors contact us via the Contact Form, we collect the following information:
First Name
Last Name
Email
Subject
Message
Project Initiation Form
When potential clients initiate a project, we ask for the following information:
First Name
Last Name
Company/Brand (optional)
Email
Phone (optional)
Website (optional)
Project Type (required; selected from a drop-down list)
Budget (required; selected from a drop-down list)
Preferred Deadline for Completion (mm/dd/yyyy format)
Message
How did you hear about us?
Agent Application Form
When individuals apply to join our Agent Program, we collect the following information:
First Name
Last Name
Email
Phone (optional)
Address
Short Bio
LinkedIn Profile
Upload a Profile Picture
Agent Nickname
Date of Birth
Changes to Requirements
Please note that we may adjust or update these information requirements in the future to meet operational or compliance needs.
Accuracy of Information
You are responsible for providing accurate, complete, and up-to-date information when filling out any form on our website. If any of your details change, you must notify us promptly to ensure our records remain accurate.
Confidentiality
While LukeAndCalifornia.com does not maintain formal user accounts, the confidentiality of the information you provide during communication, project initiation, or agent application processes is taken seriously. We use this information solely for the purposes of providing our Services and do not share it without your consent, except as outlined in our Privacy Policy.
Limitation of Liability
The content on LukeAndCalifornia.com is provided "as is" and "as available." We make no representations or warranties about the accuracy, completeness, or reliability of the content. All express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, are specifically disclaimed.
By using the Site, you acknowledge that any reliance on the content is at your own risk. LukeAndCalifornia.com is not responsible for any errors, omissions, or inaccuracies in the content, or for any damage that may result from reliance on it.
To the maximum extent permitted by law, LukeAndCalifornia.com and its affiliates, officers, directors, and employees will not be liable for any indirect, consequential, special, incidental, or punitive damages, including without limitation, damages related to unauthorized access to data, errors in the content, or issues arising from third-party interactions. In no event shall the total liability exceed the lesser of $100 or the amount you paid to use the Site.
Indemnity
You agree to indemnify, defend, and hold harmless LukeAndCalifornia.com, its parent companies, partners, suppliers, licensors, officers, directors, shareholders, employees, contractors, agents, and sublicensees from any and all claims, damages, liabilities, losses, including but not limited to defamation, trade disparagement, privacy violations, intellectual property infringement, and any legal fees or court costs incurred.
This indemnity applies to any allegations related to:
Your use of the Site.
The Site's or LukeAndCalifornia.com's use of any User Content or information you provide, as long as such use is consistent with these Terms.
Information or material provided through your account, even if it was not posted by you.
Any violation of these Terms by you.
You acknowledge and agree that LukeAndCalifornia.com is not responsible for any content you submit or actions you take while using the Site. In the event of any claim or demand arising from the above circumstances, you agree to provide a full indemnity and hold LukeAndCalifornia.com harmless.
This indemnity provision applies to all claims, damages, liabilities, and legal fees, including those arising from third-party actions or assertions. You are responsible for any actions taken, content submitted, or communications made via your account.
Ongoing Indemnity
Please note that this indemnity provision remains in effect even after your use of the Site has ceased.
International Users
LukeAndCalifornia.com is operated and administered from the United States. We make no representation that the materials or content available through the Site are appropriate or available for use outside of the United States. Accessing the Site from territories where the content is illegal is prohibited.
You are also prohibited from using the Site or exporting the Content and/or User Content in violation of U.S. export laws and regulations.
If you choose to access the Site from a location outside the United States, you do so at your own risk and are responsible for ensuring compliance with all applicable laws in your jurisdiction.
European Economic Area (EEA) Users
If you are located in a member state of the European Economic Area (EEA) or any jurisdiction that has adopted the General Data Protection Regulation (GDPR), please be aware that you are not permitted to provide personal data to us unless you are specifically notified that we will process such data in compliance with the GDPR. If you choose to provide personal data despite this restriction, we will not be held responsible for any consequences arising from such disclosure.
It is your responsibility to ensure compliance with the laws and regulations of your jurisdiction when accessing and using the Site.
Modifying These Terms
The Site and USA Fashion Company LLC reserve the right to change these Terms at any time in their respective discretion and to notify users of any such changes by changing the Effective Date of these Terms. The most current version of these Terms will supersede all previous versions. Your continued use of the Site after posting any amended Terms shall constitute your agreement to be bound by any such changes. Your use of the Site prior to the time these Terms were posted will be governed according to the Terms that applied at the time of your use.
Discontinuation of Service
LukeAndCalifornia.com reserves the right to modify, suspend, discontinue, or restrict the use of any portion of the Site, including the availability of any Content, at any time and without prior notice or liability. We may deny access to any user, including registered members, at our sole discretion, and for any reason, or no reason at all.
We also reserve the right to transfer rights and obligations under these Terms to any LukeAndCalifornia.com affiliate, subsidiary, business unit, or any entity that acquires LukeAndCalifornia.com, the Site, or any of their respective assets.
Please note that our decision to modify, suspend, discontinue, or restrict the Site or any portion thereof, or to deny access to any user, is at our sole discretion, and there is no obligation to provide prior notice.
We encourage you to review these Terms periodically to stay informed of any updates or changes.
Statute of Limitations
To the extent permitted by applicable law, you agree to initiate any claim related to this Site or these Terms within six months of the occurrence of the events giving rise to such claim. Failure to do so within this time period will result in the waiver of such a claim.
Please note that this provision establishes a time limit within which you must assert any claims, and it is important to act promptly to protect your rights.
Disputes
Initial Dispute Resolution
If you have any concerns or questions about the Site, we encourage you to contact our Customer Support team via the Contact Form. Our team is dedicated to addressing issues promptly and resolving disputes to your satisfaction. Both parties agree to make reasonable, good-faith efforts to resolve any dispute through this process before pursuing legal action or arbitration.
Binding Arbitration
If a dispute cannot be resolved through negotiation, it will be subject to binding arbitration administered by the Judicial Arbitration and Mediation Services (JAMS), following its applicable rules. Arbitration will occur in Los Angeles, California, unless otherwise agreed upon, and will be governed by the Federal Arbitration Act.
Scope of Arbitration:
This provision covers all disputes arising from or relating to these Terms, including claims based on contract, tort, statute, or other legal theories. It also applies to claims predating or following the termination of these Terms. However, disputes related to intellectual property rights or eligible for small claims court are excluded.
Procedure for Arbitration:
Claims under $250,000 follow JAMS Streamlined Arbitration Rules.
Claims over $250,000 adhere to JAMS Comprehensive Arbitration Rules.
Arbitration will be conducted individually, not as a class action.
To initiate arbitration, you must:
Submit a written Demand for Arbitration (template available at www.jamsadr.com).
Provide three copies of the Demand and the appropriate filing fee to JAMS at Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
Send a copy to Luke And California via the address provided upon request through the Contact Form.
Luke And California will cover additional arbitration costs if the filing fee exceeds the standard cost of filing a lawsuit. If deemed non-frivolous, we will also cover JAMS-related costs. Each party is responsible for their own legal fees unless otherwise specified by applicable law.
Class Action Waiver
Arbitration must be conducted individually. Both parties waive the right to bring or participate in class actions. If a court invalidates this waiver, the arbitration agreement will become null and void.
Exceptions to Arbitration
Disputes involving intellectual property rights or eligible for small claims court may proceed in court. Intellectual property claims include issues related to patents, copyrights, trademarks, and trade secrets, excluding privacy or publicity rights.
Opt-Out Option
You may opt out of arbitration and the class action waiver within 30 days of accepting these Terms by submitting a written notice via the Contact Form with the subject line: MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.
Survival and Amendments
This arbitration provision survives the termination of your account or use of the Site. Changes to this section will take effect 60 days after they are posted and apply only to disputes arising after that period.
Severability
If any provision of these Terms is found to be unenforceable, it will be enforced to the maximum extent permissible to fulfill the intent of the parties, and the remaining provisions will continue to be in full force and effect.
Force Majeure
The Site will not be considered in breach of these Terms if it fails to comply with any provision due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Site (excepting compliance with applicable codes and regulations), or other force majeure event.
Section Titles
The section titles used in these Terms are for convenience only and do not carry any legal or contractual effect.
No Waiver
The failure of the Site to enforce or exercise any provision or right under these Terms shall not constitute a waiver of that provision or right.
No Third-Party Beneficiaries
These Terms do not create any rights or benefits for third parties, except as expressly provided in these Terms.
Conflicts
In the event of a conflict between these Terms and any electronic or machine-readable statement or policy, these Terms shall prevail. Likewise, in the event of a conflict between these Terms and our Privacy Policy, these Terms shall prevail.
No Joint Venture, Partnership, or Agency Relationship
No joint venture, partnership, or agency relationship is created between you and the Site. These Terms, along with our Privacy Policy, your use of the Site, and any information, products, or services provided by the Site, do not establish or imply a joint venture, partnership, or agency relationship between you and the Site or Luke And California.
Termination
If these Terms are terminated for any reason, certain provisions will survive, including limitations on your use of Content, any licenses granted to the Site, the Disputes provisions, and any other provisions that are deemed equitable or appropriate to survive termination.
Limitation of Liability and Disclaimer of Warranties are Material Terms.
You acknowledge that the provisions in these Terms that limit liability and disclaim warranties are essential terms of these Terms of Service.
Entire Agreement
These Terms constitute the entire agreement between you and the Site, and they supersede all prior or contemporaneous understandings regarding the subject matter. No amendment or modification to these Terms will be binding unless made in writing and signed by Luke And California. Failure to exercise or delay in exercising any right or power by either party under these Terms shall not operate as a waiver, and any partial exercise of a right or power shall not prevent further exercise of that right or power. In the event of a conflict between these Terms and any applicable purchase or other terms, these Terms shall prevail.
Contact Information
For questions or concerns regarding these Terms, please contact us at using our Contact Form.