Last updated: March 01, 2023

Introduction

Welcome to the Cowboy Studio® Lighting, Lighting Kit website (the “Site”). This Site is owned and operated by Cowboy Studio LLC (“Cowboy Studio”, “we” “us” and “our”).

Please read these Terms of Service (the “Terms”) carefully before using our Site. By accessing or using any part of the Site, you agree to these Terms. If you do not agree to all of these Terms, do not access or use the Site.

By accessing or using the Site, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site. These Terms expressly supersede prior agreements or arrangements with you. We may immediately terminate these Terms or any services with respect to you, or generally cease offering or deny access to the Site or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain services offered on the Site, such as policies for a particular event, activity or promotion. These supplemental terms will be disclosed to you in connection with the applicable service(s). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services.

We may amend the Terms related to our Site from time to time. Amendments will be effective upon our posting of the updated Terms. Your continued access or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended. If you do not agree to the amended Terms, you must stop accessing and using the Site.

Use of Site and Services

Eligibility: The Site is intended for non-commercial use only. To use or access the Site or services, you must be at least 18 years old and have the requisite power and authority to enter into these Terms. Use of the Site is void where prohibited.

Site Access and Use: The Site, including all text, graphics, photographs and all other materials made available on or through the Site (collectively, the “Content”) and all intellectual property rights in the Site and/or Content, are owned by us, our affiliates, and/or third parties. All trademarks, logos, trade dress and trade names appearing on the Site are owned by us or our affiliates or licensors and may not be copied, imitated or used without our prior written permission. You must abide by all copyright notices or other posted restrictions when accessing or using the Site.

You may use the Site and services for personal shopping purposes only. Any other purpose, including commercial purpose, is prohibited without our express prior written consent. We grant you a limited license to access and make personal use of the Site and services. This license does not include the right to compile or use the Content or data on the Site for any purpose other than personal consumer shopping. No right or license is granted to reproduce, download, republish, modify, store, archive, re-post, frame, publicly display, rent, lease, loan, sell, distribute or create derivative works based on the Site, Services or Content, in whole or in part, by any means. You must not access or use the Site or services in a manner that violates applicable law or infringes, violates or misappropriates any intellectual property rights or any rights of any third party. Any use of the Site/services not expressly permitted herein is prohibited.

User Information: You agree to provide accurate, current and complete user information as prompted by our registration or ordering forms, including your legal name, address, phone number and payment information (“User Information”). You agree to promptly update your User Information if it changes. We reserve the right to deny access to the services to anyone providing inaccurate, incomplete or false User Information. Verification of User Information by consumer reporting agencies may be required prior to the acceptance of any order. You authorize us to verify your User Information, and to obtain consumer reports about you now and in the future, including for purposes of evaluating your eligibility for credit extensions so that we may review your creditworthiness or to comply with applicable laws. Posting of User Information constitutes your consent and agreement to such reporting and verification. We will not provide your User Information to consumer reporting agencies without your separate consent.

User Conduct: You agree that you will NOT use the Site or Services to:

• Violate any law or encourage any illegal activity;
• Infringe the intellectual property, privacy or other rights of third parties;
• Impersonate any other person or conduct yourself in an offensive, abusive, threatening, harassing or fraudulent manner;
• Transmit or post harmful, offensive or illegal content or engage in conduct that is abusive, invasive of privacy, vulgar, obscene, deceptive, fraudulent, defamatory, threatening, harassing, hateful or otherwise objectionable or illegal;
• Post or transmit content that contains software viruses, worms, malicious code or any other harmful components;
• Upload content that contains advertisements, spam or repetitive posts or content;
• Collect, harvest or post anyone’s private information without express consent;
• Solicit personal information from a minor or post any minor’s identifying or contact information;
• Violate the letter or spirit of our guidelines for proper use of the services; and
• Violate any applicable local, state, national or international law or post any content that encourages conduct that could violate laws.

Violation of the above conduct guidelines may lead to restriction, suspension or termination of your Site access and account.

Site Transactions: You agree that all Site transactions will be accurate, complete and final. Product descriptions and graphics on the Site are for illustrative purposes only and may not be completely accurate. We will make reasonable efforts to ensure listing accuracy, but errors may be present. If a product offered by us is not as described, your sole remedy is to return it in unused and undamaged condition for a refund of the purchase price.

We reserve the right to refuse or cancel any orders in our sole discretion for any reason. We may require additional verification or information before accepting an order. We will contact you if all or any part of your order is cancelled or if additional information is required to process your order.

Pricing: All prices are in U.S. dollars. We periodically change prices on the Site; all pricing is dynamic and subject to change without prior notice.

Promotions: Promotions, coupons or discounts cannot be combined unless expressly stated. We reserve the right to rescind, revoke or amend any offer or promotion at any time for any reason without notice. Prepaid shipping offers apply only to Standard Shipping rates.

Shipping: Shipping and delivery dates displayed on the Site at the time of purchase are estimates only and are not binding. All orders will be shipped to your address listed at checkout. We are not liable for any losses related to delayed shipping. We will make reasonable efforts to deliver your order according the estimated timeframe, but cannot guarantee a specific arrival date or time. You bear the risk of loss or damage during shipment. We require signature confirmation for all high-ticket items. Refused packages will incur a restocking fee.

Returns: If you are not completely satisfied with your purchase, most unopened items in new condition can be returned for an exchange or refund of the purchase price within 30 days of delivery. Custom, engraved, used, damaged or altered items cannot be returned. All refunds and exchanges will be determined at our sole discretion. You are responsible for return shipping costs unless the return is due to our error.

Payments: All payments for purchases must be made through services provided by our Site. We accept all major credit cards. You represent that you are authorized to use the payment method tendered. If payment cannot be properly processed or is fraudulent, your order may be cancelled. All financial obligations associated with purchases you make on the Site are your responsibility.

Taxes: You are responsible for all applicable taxes. We will collect sales tax for online orders based on your shipping address and the applicable state tax rates. Taxes may be included during checkout or billed afterward by the seller, depending on practices.

Intellectual Property Rights

Site Content: All Site design, text, graphics, interfaces, photographs, videos, illustrations, Content and computer code, including but not limited to source code and object code (collectively, the “Materials”), are protected by copyrights, trademarks, service marks, trade dress, patents, database rights, trade secrets and/or other proprietary rights, and are owned and controlled by us, our affiliates or our third party partners. The Materials may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable affiliates and/or partners. You must abide by all copyright notices, information or restrictions contained in or attached to any of the Materials. Nothing in these Terms grants you any license or right to use any Materials without the express written consent of Cowboy Studio.

User Content: You are solely responsible and liable for any content you post or submit on the Site (“User Content”). You grant Cowboy Studio a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to access, use, store, record, reproduce, display, modify, distribute, translate, excerpt (in whole or in part) any User Content and incorporate it into other works in any format or medium for Site operation and improvement purposes.

You represent and warrant that you own or have the necessary rights and permissions to use and authorize the use of your User Content in the manner contemplated herein. You shall not post or submit content that is protected by copyright, trademark or other proprietary right without the express permission of the owner. You agree to pay for all royalties, fees and other monies owing to any person due to User Content you posted to the Site.

Your Feedback: You agree that any comments, suggestions, ideas, notes, drawings, concepts or other information you provide related to Cowboy Studio, the Site or our services (collectively, “Feedback”), is non-confidential and shall become the sole property of Cowboy Studio. Cowboy Studio will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Disclaimers and Limitations

YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (1) WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND DATA ACCURACY, AND (2) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

WE DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR ANY CONTENT OR EMAIL SENT FROM US OR THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL AND EXEMPLARY DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO OUR OWN NEGLIGENCE, SHALL WE BE LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, ARISING OUT OF OR RELATED TO THE TERMS OR YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITIES ARE BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM YOUR USE OF THE SITE EXCEED THE GREATER OF THE FEES ACTUALLY PAID BY YOU FOR USE OF THE SITE OR $100.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify and hold harmless Cowboy Studio, our affiliates and subsidiaries, and each of our respective officers, directors, managers, members, shareholders, employees, agents, partners and licensors (collectively, the “Cowboy Studio Parties”) from and against any claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy or confidentiality right; or (iii) any claim that your User Content caused damage to or harmed a third party. This indemnification obligation will survive the termination of these Terms and your use of the Site.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Governing Law and Jurisdiction

These Terms and any action related to these Terms will be governed by the laws of the State of New York without regard to its conflict of laws provisions. All claims, legal proceedings or litigation arising in connection with the Site will be brought solely in the federal or state courts located in New York, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Site in your official capacity, this section does not apply to you.

Termination

Notwithstanding any provision contained in these Terms, we reserve the right, without notice and at our sole discretion, to terminate your license to access and use the Site, and to block or prevent your future access and use if you violate any of these Terms. Upon termination, all licenses, rights and authorities granted to you under these Terms will immediately cease.

Severability

If any provision of these Terms is deemed unlawful, invalid or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions herein.

Miscellaneous

Our failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. No waiver on the part of Cowboy Studio of any provision or any breach of these Terms will be effective unless it is in writing and signed by Cowboy Studio. No waiver on one occasion will be deemed a waiver on any other occasion.

These Terms constitute the entire agreement between you and Cowboy Studio relating to their subject matter and supersede all prior or contemporaneous understandings regarding such subject matter.

Any questions regarding these Terms or the Site should be directed to: [email protected]

Thank you for being a Cowboy Studio customer!