LuminHouse Ltd – Terms
This document lists the terms that appear in the contract between us, and also in other documents that explain our services and provide you with everything you need to be fully informed about the business relationship that exists between us.
Definitions of our Terms
‘The Software’: The LuminHouse websites, contents and the programs and other operating information used to facilitate The Services.
‘The Services’: The provision of a cloud-based facility to enable the Uploading, Downloading, Storing, Sharing, Managing, Favouriting (Listing), Commenting, Backing-Up and Printing of Photos. The Services include guidance on how to use The Software, and help and support in using it.
‘The Gallery for a Lifetime’: The strapline used to describe LuminHouse and its key differentiator from other cloud gallery services – namely, the provision of a gallery service that is owned and used by a Client or a Guest, for as long as they wish to use and/or subscribe to The Services.
‘Customer/s’: A collective term for the Photographers, Clients and Guests that use The Services.
‘You’ and ‘Your’: The second person form meaning ‘Customer’ for the purposes of The Contract.
‘Personal Data’: information (including Photos) that enables a person to be directly identified and therefore distinguishable from another person.
‘Cookies’: Messages that web servers pass to the Customer’s web browser when a Customer visits luminhouse.com.
‘Cookies Policy’: The document outlining which type of Cookies are used by luminhouse.com so that the Customer may decide whether to continue using the website.
‘Data’: A subset of Personal Data. The digitised image-related information (Photos and their Metadata) stored as a result of using The Services.
‘Register (Registration)’: The process by which a Customer inputs required information at luminhouse.com in order to create an Account and use The Services.
‘Password’: A string of characters chosen by the Customer and required for access to their LuminHouse Account.
‘Subscribe/r (Subscription)’: A Customer paying an amount of money per month or per year (the Subscription), to have use of a specified volume of Data within their Account.
‘Fee(s)’: Monthly or Annual sums taken from the Customer’s credit or debit card and paid to LuminHouse Ltd. in return for the use of The Services within the Data limit represented by the Subscription plan.
‘Terminate (Termination)’: Cessation of the service by which Data is stored within The Software.
‘Termination Date’: The date at which The Services cease to be available to the Customer.
‘Data Retention Period’: The period of time for which Data will remain stored within The Software, if an Account becomes governed by the Data Retention Policy.
‘Data Retention Policy’: A document that explains the rules applicable to: Accounts for which the Subscription has ceased to be paid; and Accounts which have been suspended by LuminHouse Ltd, or Terminated by the Customer or by LuminHouse Ltd.
‘Account’: The Customer’s personal access to The Services.
‘Dashboard’: The area within a LuminHouse Account that stores Personal Data and enables The Customer to manage their Password and their Personal Data.
‘Gallery’: A named folder within the Account, in which Data is stored.
‘Privacy Setting (Privacy)’: A Gallery may be set to Private (accessed only via a Password) or Public (accessible to anyone who knows the URL (web address) for the Gallery).
‘Ambassador’: An individual, company, or organisation invited by LuminHouse Ltd to promote our services in return for a one-off commission if the promotion results in a sale of an annual subscription to a Photographer – determined by the Photographer using a promotion code that is unique to the Ambassador. An Ambassador may also be a Photographer.
‘Photographer’: A full-time or part-time professional (i.e. paid): photographer; or a business whose customer base is professional photographers.
‘Client’: The customer of a Photographer, invited to register with luminhouse.com by the Photographer.
‘Guest’: A member of a Client’s, or a Guest’s, friends and family group – invited by the Client or Guest to register with luminhouse.com.
‘Third Party (Parties)’: including but not limited to, any person, company, software application, or organisation that is not directly related to LuminHouse Ltd, with whom we may share your Personal Data. A list of Third Parties may be found here (link).
‘GDPR’: General Data Protection Regulations in force from 25th May 2018, designed to protect the Personal Data of EU and UK citizens and anyone visiting those countries.
‘Photos’: Still images digital files.
‘Permitted Use (Permission/s)’: For Data created as a result of a contract between a Photographer and a Client, the actions allowed for that Data will be determined by the contract between the Photographer and the Client, and facilitated via the Photographer’s LuminHouse Account, while the Data remains the Photographer’s property.
‘Upload(ing)’: Facilitated via the Internet, the act of placing Data into a LuminHouse Account.
‘Download(ing)’: Facilitated via the Internet, the act of taking Data out of a LuminHouse Account and storing it elsewhere.
‘View(ing)’: The act of using The Software to look at the Data stored within a Gallery, via a desktop, laptop, tablet or smartphone.
‘Manage(ing)’: The act of moving Data from one Gallery to another Gallery, and/or copying and/or deleting Data.
‘Backup (Backing Up)’: A second or subsequent copy of Data held in a different physical location to that of the original Data.
‘Favourite(ing)’: A heart symbol in one corner of the displayed Photo used to indicate that this is an important, preferred and/or special Photo.
‘Tagg(ing)’: A label (or several labels) assigned to a Photo in order to distinguish the people, places and/or things in that Photo. Tags may be searched upon to identify all Photos with that Tag, in all Galleries within the Account.
‘Store(ing)’: The act of keeping Data in a LuminHouse Gallery for as long as is desired by the owner of the Data.
‘Share(ing)’: The act of allowing other people to access the Data.
‘Comment(ing)’: The act of making statements and/or asking questions and/or making requests in relation to a Photo, in order to elicit a response to – and/or an action upon – that Photo, statement, question and/or request. The parties to this process may be the Photographer and their Client; the Client and other (invited) Clients; or the Client and their (invited) Guests.
‘Print(ing)’: Making a physical rendition of a Photo (including prints in an album, book, frame, mount or other physical display method).
‘Metadata’: Data that serves to provide additional information about the Data that contains it. For example, a Photo file may include Metadata that describes the file size, the date and time of capture, the camera settings at the point of capture and so on.
‘Commission’: a payment made regularly to Photographers with subscribing Clients, and as required when Photographers and Ambassadors fulfil the necessary criteria for earning one-off Commissions.
‘Withdraw(al)’: The act of taking money from the total Commission earned by a Photographer or Ambassador and having it deposited into a Paypal account.
‘Forbidden Data’: Files that contain threatening, abusive, defamatory, pornographic, discriminatory, or otherwise prohibited Data – including Data for which the Customer’s use will violate any law or infringe another person’s intellectual property or their right to privacy.
‘Malware’: malicious software which is specifically designed to disrupt, damage, or gain access to a computer system to which it has no right to access. It includes computer viruses, worms, Trojan horses, ransomware, adware, scareware, rootkits and spyware. For the purposes of The Contract, Malware means any software designed to do harm to any of: The Software; The Services; LuminHouse Ltd; Photographers; Clients and/or Guests.
‘Minimum Age’: The age below which registration to LuminHouse and the creation of an Account, is prohibited.
‘Refund Policy’: The terms applicable when a Subscription is Terminated or we cease to provide The Services that the Customer has Subscribed to.
‘GDPR’: General Data Protection Regulations that come into force on 25th May 2018. They apply to any business, regardless of where it is based, that serves customers in, or visitors to, the European Union or the United Kingdom.