Subscription Terms: WE ARE THE LUMINOUS

Introduction

  1. We are the Luminous Ltd is a registered UK company (number 12790845) with registered office at 10 Fairfield Close, Bosham, Chichester, England, PO18 8JQ. If you need to contact us by email, please do so at [email protected]
  2. By nominating your subscription option and ticking the required tick box to show you have read and agree to these Subscription Terms, you agree to comply with these Subscription Terms which apply to all our subscription models.
  3. Please also see our FAQs here. To the extent, however, that there is any conflict between these Subscription Terms and the FAQs, the terms contained in these Subscription Terms will prevail.

Permitted Use of our Material

  1. We are the Luminous are delighted to offer you access to the images and templates on our website (“the Material”) under the following subscription model:
    • Brilliance Membership, for the duration of your subscription, you are able to use our Material to promote your business on social media and for online marketing (on your blog or your website) and specific printed marketing material to promote your business (brochures, leaflets, PDFs, flyers (the “Permitted Use” for the Brilliance model).
  1. Payment of the Subscription Payment (the monthly or annual subscription fee) is a pre-requisite of your right to use the Material.
  2. The Material is available for you in a digital form to download and use for the Permitted Use only (as defined in paragraph 2). Other than promoting your business in the contexts set out at paragraph 2, no other use of our Material is permitted without our specific written permission.
  3. Nothing in these Subscription Terms transfers any rights to you in the Material beyond the grant of the non-exclusive licence. Any rights not expressly granted under these Subscription Terms are reserved by us.
  4. In particular, without our specific written permission, you understand that you are not entitled to create or authorise the creation of any products such as (without limitation) prints, calendars, mugs, social media templates, books, ebooks or otherwise whether or not in promotion of your business and whether or not for sale or to give away. If you are in any doubt as to whether your intended use of our Material is permitted please drop us a line at [email protected]
  5. Subject to paragraph 10, you are not entitled to use the Material for any business other than your own. You understand that you cannot transfer any of the rights granted under this licence to anyone else without first obtaining our written permission.  This means that you cannot allow anyone else to use the Material unless you have our specific written permission.
  6. If you have chosen the Brilliance for Creatives subscription model, you are entitled to use our Material for the number of clients that you have signed up for.

 

Grant of licence to you

  1. Subject to your compliance with these Subscription Terms, we grant to you a non-exclusive licence for reproduction of the Material for the Permitted Use anywhere in the world for as long as you subscribe to our service.  Under the Brilliance Membership, for the duration of your subscription, you will have access to our entire gallery of images and all our templates, certain “Collections” and our Education Hub.
  1. This licence is non-exclusive. That means that we may license others the right to use the same Material and we may use the same Material ourselves however we wish.
  2. All Material on our website is made available at our sole discretion. We aim to update and add to the Material regularly so that there is always plenty of new Material for you to access and choose from each month.
  3. If you choose to use any of our Collections, we may ask you to sign up to specific extra terms which we will make clear to you at the point of access (for example we may ask you to include a specific credit when you use photographs from Collections).

Acknowledgement

  1. This is not an obligation, but we are always grateful if you acknowledge us at We are the Luminous where you use our Material. In addition, if you would like to be featured on our instastories or enter our monthly transformational competitions then please do tag @weare.theluminous or #wearetheluminous.
  2. Although we don’t insist on an acknowledgement that the Material comes from us, you understand that you are not allowed to claim that you are the creator of any of our Material or that you are the owner of the copyright in any of our Material.

Altering the Material

  1. We acknowledge that you may need to crop or change the size or the resolution of the Material or change the orientation of the Material in order for the Material to fit into the space available for it for the Permitted Use. We are also happy for you to add your own text or website screenshot onto the Material in order to promote your business.   However, without our specific written permission, you are not entitled to manipulate the Material in any other way (including but not limited to any other editing, pixilating, obscuring, adapting, retouching or altering) and must only reproduce the Material in the form that we provide it to you.
  2. Other than you adding your own text or website screenshot to the Material to promote your business, you understand that no other content may be added or superimposed on any part of the Material without first obtaining our written permission.

Unlawful use of our Material 

  1. You shall ensure that your use of the Material does not in any way damage our reputation or goodwill and that no use of the Material shall be distasteful as determined by us in our sole discretion.  In addition, you shall ensure that no derogatory or defamatory or otherwise unlawful statements shall be made by you or inferred about us, by your use of the Material.
  2. You understand that the Material could portray additional material that is protected by copyright or other intellectual property right (e.g. a painting within the photograph that is still in copyright or a photograph that incorporates another party’s trade mark). It is your responsibility to determine any third party owner of any additional rights in the Material and to obtain any relevant permission from such third party before you use it. We are not responsible for any fees payable to a third party in respect of the Material and we do not accept any liability for any claims relating to the reproduction of the Material.
  3. You hereby indemnify us, our employees and agents, against any claim, damage, loss, legal expense or other liability suffered or incurred by us in connection with your reproduction of the Material where your use of the Material :
    • is defamatory
    • infringes third party rights
    • misrepresents the subject matter of any of the Material
    • damages the reputation of We are the Luminous or
    • is otherwise unlawful.
  1. Our intellectual property rights in the Material are obviously very important to us. Please inform us of any unauthorised use of the Material if and as soon as you become aware of any.

Warranty and limitation of our liability

  1. While we have taken care to make available all Material to you that we have created ourselves, you acknowledge that the Material is provided “as is” and to the fullest extent permitted by law, we exclude all warranties whether express or implied as regards the Material’s fitness for purpose.   We make no warranty that the Material does not infringe any third party’s intellectual property rights.
  2. In addition, we make no warranty that the site or content is free from infection by viruses or anything else that has contaminating or destructive properties. While we make reasonable efforts to ensure the accuracy, correctness and reliability of our Material, we make no representations or warranties as to the Material’s accuracy, correctness or reliability.
  3. To the extent permitted at law, We are the Luminous excludes all liability for any damages suffered by you that result from your use of any of our Material or the unavailability of the same (including lost profits, direct or indirect or consequential damages).

Cancelling your subscription

  1. You are free to cancel your subscription at any time. We cannot offer refunds for any Subscription Payments made or for cancellations made after the automatic renewal of your subscription.
  2. If you choose to cancel your subscription, you acknowledge that you are not entitled to re-post or re-use any Material that you have already used. Nor are you entitled to post/use any Material that you have previously downloaded from our website but have not yet posted/used.

Termination for breach

  1. You understand that if you are in breach of any provision contained in these Subscription Terms, we may choose to terminate the Subscription Terms immediately and you will then have no rights to use any of the Material.

General provisions

  1. You acknowledge that these Subscription Terms are intended to apply to any licensee acting in the course of a business and that these terms are not addressed to individual consumers.
  2. For the avoidance of doubt, no trade mark rights in the name We Are The Luminous are granted to you under these Subscription Terms.
  3. These Subscription Terms constitute the entire agreement and understanding between us with respect to your use of the Material.
  4. These Subscription Terms shall be governed and construed in accordance with English law and are subject to the exclusive jurisdiction of English courts.