End User Agreement

This is an agreement between Georgia Clegg, trading as Luma Bakery (“Luma Bakery”) and you, the licensee (“you”). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity.

By using our website and/or purchasing one of our licenses, you agree to be bound by the terms and conditions of the following End User License (the “Agreement”):

Definitions

For the purpose of this Agreement, the following definitions will apply:

A “Product” is any item licensed through lumabakery.com, including but not limited to videos, images and graphics.

A “New Media Project” is a production or service which makes use of new media or multimedia platforms, and includes but is not limited to cake mapping services, projection services, demonstrations, workshops, exhibitions, online tutorials, e-learning tools, online videos, videos on social media, company websites, video sharing sites, Internet advertisements, slideshows, internal corporate presentations and films.

Luma Bakery Non-Exclusive ‘Unlimited License’

Luma Bakery hereby grants you a personal, non-exclusive, perpetual, worldwide right to use each Product licensed by you in an unlimited number solely in New Media Projects created by you. In consideration of such license, you hereby agree to pay Luma Bakery a certain license fee according to our website rates. Please see our Product page for current pricing.

Limitations of Use

You may not:

sell, assign, transfer, share, sublicense or otherwise redistribute any Product, or the right to use any Product, to any third party, except solely as embodied within a New Media Project created by you;

sell, assign, transfer, share, sublicense or otherwise redistribute any Product in a manner that is competitive with lumabakery.com, including as, or as part of, a digital template or bundle;

represent, expressly or by way of reasonable implication, that any Product was created by you or a person other than the copyright holder(s) of that Product;

use a Product in connection with any New Media Project that is pornographic, defamatory, or could be considered libelous, obscene, or illegal;

use a Product in a manner that infringes upon any third party’s trademark or other intellectual property right, or would give rise to a claim of deceptive advertising or unfair competition; or

use a Product, or any part thereof, as a trademark, service mark, logo, or other indication of origin;

render the Product through a service that allows a third party to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” service.

Ownership

You hereby acknowledge that Luma Bakery is and remains the owner of all right, title and interest in each Product licensed by you, including without limitation any copyrights therein. Each Product is protected by and subject to United Kingdom and international copyright laws. Luma Bakery retains the right to sell licenses to the Products to third parties at its discretion.

Warranties and Representations

All Products are provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose.

Notwithstanding the foregoing, Luma Bakery warrants that it has the right to grant the license granted hereunder.

Limitation of Liability

In no event shall Luma Bakery be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Product, even if advised of the possibility of such damage. 

In the event of a claim arising from the use of a Product, Luma Bakery’s total liability to you under this Agreement shall be limited to the fee paid hereunder by you to Luma Bakery for the license to such Product.

Availability

Luma Bakery makes no representations or warranties that all Products will be available at all times. Luma Bakery may discontinue licensing certain Products at its sole discretion.

General Provisions

This Agreement shall be governed by and construed according to the laws of the United Kingdom.

Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between you or the company or legal entity you represent. 

Luma Bakery’s name, logo or branding may not be used to endorse or promote products derived from the Product without specific prior written permission.

This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. 

If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect. 

It is expressly understood and agreed that this Agreement is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this Agreement as to third parties.

Luma Bakery is under no obligation to provide tuition as to how the Product may be used as part of a New Media Project. It is your responsibility to determine whether you have sufficient knowledge to use the Product in its advertised format prior to purchasing the Product. 

0