The following TERMS AND CONDITIONS are those in effect as of this date, and are subject to change at any time without notice at the sole discretion of the Site owner and operator. The Site owner and operator is under no obligation to inform you of any change to these Terms and Conditions, and by utilizing and/or purchasing any product provided on this Site, you agree to visit the Site regularly for updates to these Terms and Conditions.
This website is owned and operated by Lutz Studios, LLC, DBA Brandon & Lindsay Lutz Photography (“Company,” “we,” or “us”).
Please review all terms and conditions set forth herein, as these Terms and Conditions shall apply to your use of this site, any related site listed herein (hereinafter collectively referred to as the “Sites”), and any products purchased on the Sites. By utilizing and/or purchasing from any of the Sites, you expressly agree to any and all Terms and Conditions set forth herein. As stated above, we reserve the right to modify the content of these Terms and Conditions at any time without any sort of notice, and it is your responsibility to check this page periodically for any such changes. By utilizing any of the Sites subsequent to a change to the Terms and Conditions, you thereby agree to accept and be bound by any such changes to the Terms and Conditions, regardless of whether you have actually read and/or otherwise reviewed said changes. If, at any time, you determine that you are not willing to be bound by the Terms and Conditions set forth herein, then you shall relinquish any rights that you may have to the use of the Sites and any products purchased therefrom, and agree to no longer utilize any of the Sites.
These Terms and Conditions shall apply not only to brandonandlindsaylutz.com, but to all websites owned and operated by Lutz Studios, LLC, which include but are not necessarily limited to the following: www.brandonandlindsaylutz.com, www.lutzstudios.com.
Additionally, these Terms and Conditions shall apply to any social media account owned and operated by Lutz Studios, LLC, including but not limited to any account on Facebook, Linkedin, Twitter, Instagram, Pinterest, or the like.
These Terms and Conditions shall also apply to any site that Lutz Studios, LLC may have owned or operated at some previous time, or that Lutz Studios, LLC either currently owns and operated but has not listed herein, or that Lutz Studios, LLC owns and operates at a future date. Unless otherwise provided, all references to the Sites shall be to any and all sites referenced in this section of the Terms and Conditions, but shall not apply to any Third Party Sites (discussed below).
On occasion, the Sites will provide links to third party sites (hereinafter referred to as the “Third Party Sites”) for reference or referral purposes. On such occasions, these Terms and Conditions shall apply only to the Sites, and expressly do not apply to the Third Party Sites. Lutz Studios, LLC has no official affiliation with the Third Party Sites, and therefore has no control over the terms and conditions that will apply to the Third Party Sites. As such, it is your responsibility to review the Third Party Sites for their applicable terms and conditions.
Additionally, Lutz Studios, LLC does not endorse or take any responsibility for the content or products provided on the Third Party Sites. Consistent therewith, you hereby agree to hold Lutz Studios, LLC harmless with respect to your use of the Third Party Sites, despite any link thereto provided on the Sites.
By utilizing the content or purchasing the products contained on the Sites, you expressly acknowledge that such information is confidential, and agree not to disclose any such information to any third party.
INTELLECTUAL PROPERTY/SINGLE USE LICENSE
All content contained in and all products sold on the Sites are the intellectual property of Lutz Studios, LLC. As such, any such content and/or products are being provided to you for your individual use and as a single-use license. No license to sell or otherwise distribute Lutz Studios, LLC’s intellectual property is express or implied. You are not authorized nor permitted to utilize any such content and/or products on your sites without express permission from Lutz Studios, LLC. By utilizing the content and/or purchasing the products contained on the Sites, you expressly agree (1) not to infringe on or otherwise violate Lutz Studios, LLC’s intellectual property, (2) to ensure that any confidential information disclosed to you by Lutz Studios, LLC remains confidential, and (3) not to disclose any information provided to you by Lutz Studios, LLC to any third party. In the event that you violate any provisions of this section of the Terms and Conditions, you agree that Lutz Studios, LLC will be entitled to injunctive relief against you in relation to such violations.
NO PROFESSIONAL-CLIENT RELATIONSHIP
Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between you and the Company or any of its professionals. The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website.
FOR EDUCATIONAL AND INFORMATIONAL USE ONLY
The information contained on this Website and the resources available for download through this website are for educational and informational purposes only.
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in photography and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review. Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website. We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to email@example.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we earn a commission if/when you click on or make purchases via affiliate links.
As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
The Company will clearly inform you when a page or post affiliate links on it.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
At various places on this Website, you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.
Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.
ERRORS AND OMISSIONS
This World Wide Web Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this Website.
In the event that any cause beyond the control of the parties (including, but not necessarily limited to, an act God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, etc.) make it inadvisable, illegal or impossible for either party to perform its obligations under this Agreement, that party’s performance shall be extended (but not excused) without liability for the period of delay.
If any provision of these Terms and Conditions are deemed to be invalid or otherwise unenforceable, the remaining terms of the Terms and Conditions shall remain in full force and effect. Additionally, the failure of Lutz Studios, LLC to exercise any right contained herein will not be deemed a waiver of that right or any further right hereunder.
USER’S PERSONAL RESPONSIBILITY
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.
You may not assign your rights to utilize the content or products contained on the Sites without the express written consent of Lutz Studios, LLC.
By utilizing the content or purchasing the products contained on the Sites, you agree, for yourself, your marital communities and/or spouses (if any), your respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors, and accountants, to indemnify and hold harmless Lutz Studios, LLC, and their respective heirs, successors, personal representatives, administrators, executors, assigns, receivers, partners, employees, agents, attorneys, subsidiaries, parent companies, shareholders, officers, directors and accountants, and each of them, and anyone chargeable on their behalf, against any and all causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, controversies, agreements, promises, variances, injuries, damages, costs, expenses, attorney’s fees, judgments, executions, obligations, claims, and demands whatsoever from the beginning of time to the date of this Agreement arising from or relating to your use of said content and or products from the Sites.
If not resolved first via good faith negotiations, every controversy or dispute with Lutz Studios, LLC relating to the content and/or products on the Sites must be submitted to the American Arbitration Association. All claims against Lutz Studios, LLC must be lodged within one hundred (100) days of the date of the first claim or otherwise be waived. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The written decision of the arbitrator will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced by any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances, you will be responsible for any and all arbitration costs and attorneys’ fees incurred by Lutz Studios, LLC.
Any notice, demand, or communication required or permitted to be given by any provision of these Terms and Conditions will be deemed to have been given and received (a) when delivered personally to the Party designated to receive such notice, or (b) on the first (1st) business day following delivery to a nationally recognized overnight courier service (such as Federal Express), specifying next day delivery, or (c) on the third (3rd) day after the same is sent by certified mail, postage and charges prepaid. Any notice, demand, or communication directed to Lutz Studios, LLC, shall be sent to:
Lutz Studios, LLC
121 Hunter Hollow Pl, Conroe, TX 76316
REFUSAL OF SERVICE
Lutz Studios, LLC reserves the right to refuse service to any person or entity without reason, including but limited restricting access to the Sites and refusing to sell products contained on the Sites.
EFFECT OF HEADINGS
The headings or captions of these Terms and Conditions are for convenience and reference only and do not control or effect the meaning or construction of any of the provisions hereof.
These Terms and Conditions shall be construed and interpreted in accordance with the laws of the State of Texas.
SCOPE OF USE OF SITE CONTENT
Lutz Studios, LLC owns the content contained on the Sites. Accordingly, you are permitted to do the following with respect to any information contained on the Sites, without need to obtain prior permission:
• Link to the Sites or any specific post on the sites.
• Extract any portion of a post on the Sites, provided that you cite the appropriate Site and provide a link to that Site.
• Print and distribute portions of the Sites for internal distribution within your company.
• Print any information from the Sites in any non-commercial publication, provided you cite the source of the information and provided information for accessing the source of the information.
If you wish to utilize the content of the Sites in any other manner, you must first obtain the express written consent of Lutz Studios, LLC. In order to request such consent, please consent, please contact firstname.lastname@example.org.
Updated as of March 23, 2020
When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. This policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on these Website or on or through any of the features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of the Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
INFORMATION WE COLLECT ABOUT YOU
When you access the Website, the Company will learn certain information about you during your visit. The Website provides various places for users to provide information. We collect information that users provide by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website.
We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.
INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGY
As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our Website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.
The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.
Similar to other commercial Websites, our Website utilizes a standard technology called “cookies” and server logs to collect information about how our site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at our site, and the Websites visited just before and just after our own, as well as your IP address.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a Website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each Website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a Website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside Websites so as to tailor advertising messages users see while visiting that social media Website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
We also use Google Analytics to help us understand how our customers use the Site--you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for our Website, sign up through any of our forms using your email address or make a purchase on this site. For further information see the email policies below.
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in the section titled Disclosure of Your Information.
We will maintain the information you send via e-mail in accordance with applicable federal law.
In compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
HOW AND WHY WE COLLECT INFORMATION
The Company collects your information in order to record and support your participation in the activities you select. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a visitor to this Website, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services and/or purchase products that you are required to provide information.
HOW DO WE USE THE INFORMATION THAT YOU PROVIDE TO US?
We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.
From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.
From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.
DISCLOSURE OF YOUR INFORMATION
As a general rule, we do not sell, rent, lease or otherwise transfer any information collected whether automatically or through your voluntary action.
We may disclose your personal information to our subsidiaries, affiliates, and service providers for the purpose of providing our services to you.
We may disclose your personal information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.
We may provide your information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets and/or business.
We may disclose information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.
HOW DO WE PROTECT YOUR INFORMATION AND SECURE INFORMATION TRANSMISSIONS?
Your Personal Information and its security are important to us. Thus, we take commercially reasonable steps to ensure the security of the information you provide to us and the information we collect automatically. Please note, however, that no internet transmission method or manner of electronic storage is 100% secure. Therefore, we cannot guarantee the security of the Personal Information we have collected from you.
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on our Website may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.
The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
For site security purposes and to ensure that this service remains available to all users, the Company uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.
INTERNATIONAL DATA TRANSFER
LINKS TO THIRD PARTY SITES
Our Website and/or the services we provide to you may contain links to third party sites not owned or operated by us. We have no official affiliation with them and, therefore, have no control over the privacy policies that apply to their sites. Thus, it is your responsibility to review their privacy policies before using their sites. Additionally, we do not endorse or take any responsibility for the content, products or services provided on any third party sites, and you agree to hold us harmless with respect to your use of them despite any links on our Website directed to them.
VISITORS’ GDPR RIGHTS
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
Lutz Studios, LLC
121 Hunter Hollow Pl, Conroe, TX 76316
Email Address: firstname.lastname@example.org
Updated as of March 23, 2020