Using the Site
By accessing or using this website, you agree to follow these Terms of Use and our Privacy Policy.
Lookout Mountain Media LLC
These terms explain the rules that apply when you visit our website, use our services, download digital products, or make a purchase.
By accessing or using this website, you agree to follow these Terms of Use and our Privacy Policy.
Digital products, printed products, apparel, and custom purchases are subject to the purchase policies described below.
Contact Lookout Mountain Media directly when you need clarification regarding these terms, the Site, or a purchase.
Site Usage and Responsibilities
These Terms of Use apply to all users of this Site. By using this Site, you agree to comply with and be bound by these Terms of Use with Lookout Mountain Media LLC. If you do not agree to these Terms of Use, you may not access or use this Site.
By agreeing to these Terms of Use, you also agree to the terms of our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully before using this Site.
Any personal information you provide through the Site must be true, accurate, current, and complete, and you agree to update that information when necessary. If there is any conflict between these Terms of Use and the Privacy Policy, these Terms of Use will control.
Lookout Mountain Media LLC provides custom digital images, custom print products, and custom printed apparel.
The Site may provide an online download service for individuals who choose to print images independently. It may also provide custom print products and custom printed apparel for customers who order, select, and pay for those items.
In consideration of your use of this Site, you agree that any personal information you provide will be true, accurate, current, and complete. You also agree to update that information when necessary.
Lookout Mountain Media LLC owns all intellectual property rights in the text, logos, images, headers, trademarks, service marks, design elements, and other protected elements appearing on the Site, except for materials licensed from others.
Lookout Mountain Media LLC also owns the intellectual property rights in materials provided as part of its services and any other intellectual property rights available through state law, federal law, registration, or common law.
Except as expressly stated in these Terms, no rights to this intellectual property are granted to you. You agree not to use, copy, reproduce, distribute, or otherwise infringe upon any protected material without authorization.
Lookout Mountain Media LLC retains all intellectual property rights in its products, services, website content, photographs, images, designs, logos, trademarks, service marks, headers, and other protected materials, except for materials licensed from others.
Purchasing or downloading a product does not transfer ownership of the underlying intellectual property unless a separate written license expressly states otherwise.
You agree not to copy, reproduce, distribute, publish, resell, modify, or otherwise use Lookout Mountain Media LLC intellectual property without written authorization. Lookout Mountain Media LLC reserves the right to take appropriate legal action to protect its intellectual property.
The Site may contain content generated by third parties, including comments, reviews, links, or other submitted materials.
Lookout Mountain Media LLC does not guarantee the accuracy, integrity, reliability, or quality of third-party content. The opinions and statements of third parties do not necessarily reflect the views of Lookout Mountain Media LLC.
Disclaimers and Legal Limitations
We make no representations or warranties regarding this Site, its content, or any product or service available through or promoted on this Site. The Site and its content are provided on an “as is” and “as available” basis without representations or warranties of any kind.
To the fullest extent permitted by law, Lookout Mountain Media LLC, its owners, employees, representatives, service providers, and licensors disclaim all express and implied warranties, including warranties of title, non-infringement, merchantability, fitness for a particular purpose, accuracy, completeness, security, and uninterrupted or error-free operation.
We do not represent or warrant that this Site, its servers, or any transmission sent through the Site will be free from viruses or other harmful components.
We are not responsible for statements, advice, or opinions included in third-party or user-generated content. We also do not guarantee against the deletion, misdelivery, or failure to store communications, settings, files, or other data.
Applicable law may not allow certain warranty limitations, so some or all of these disclaimers may not apply to you.
To the fullest extent permitted by applicable law, Lookout Mountain Media LLC and its owners, officers, employees, agents, suppliers, licensors, and service providers will not be liable for any direct, indirect, general, special, punitive, incidental, or consequential damages arising from or connected with your use of this Site.
This limitation includes loss of use, loss of data, loss caused by viruses, loss of income or profit, damage to property, third-party claims, or other losses, even when the possibility of such damage has been disclosed.
You are responsible for establishing appropriate procedures for data backup, file storage, and virus protection. This limitation applies whether liability is alleged under contract, negligence, strict liability, tort, or another legal theory.
Our failure to require performance of any provision of these Terms of Use or to exercise any available right will not be considered a waiver of that provision or right.
All waivers must be made in writing. A waiver of one breach will not be interpreted as a waiver of any continuing or later breach.
If any provision of these Terms of Use is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be interpreted or modified to accomplish its original purpose to the fullest extent allowed by law.
The remaining provisions will continue in full force and effect.
These Terms of Use and the Privacy Policy will be governed by the laws of the State of Georgia without regard to conflict-of-law principles.
Any action or proceeding arising from or relating to these Terms of Use will be adjudicated exclusively in a state or federal court of competent jurisdiction serving Dade County, Georgia. You consent to the personal jurisdiction of those courts.
Lookout Mountain Media LLC may also bring legal proceedings in any jurisdiction where it reasonably believes an infringement or violation is occurring or originated.
If either party brings a legal action to enforce or interpret these Terms, the prevailing party may recover reasonable attorneys’ fees, court costs, bond premiums, and other expenses, in addition to any other relief awarded.
You agree to indemnify, defend, and hold harmless Lookout Mountain Media LLC, its owners, employees, representatives, agents, service providers, and licensors from any loss, liability, claim, demand, damage, cost, or expense, including reasonable attorneys’ fees, arising from your use of the Site in violation of these Terms.
This includes claims arising from your breach of these Terms, your breach of any representation or warranty, or materials you submit or post that cause Lookout Mountain Media LLC to become liable to another person or entity.
Updates and Interpretation
Lookout Mountain Media LLC reserves the right to revise these Terms of Use from time to time in accordance with applicable law.
Changes become effective when the revised Terms are posted on this Site. Your continued use of the Site after revised Terms are posted constitutes your acceptance of those revisions.
If you do not agree to a revised version of these Terms, you should discontinue your use of the Site.
These Terms of Use, together with the Privacy Policy and any applicable privacy notices, purchase agreements, service agreements, or click-through agreements, contain the entire understanding between you and Lookout Mountain Media LLC regarding the Site.
They supersede prior communications, negotiations, representations, and agreements, whether oral, written, or electronic, concerning your use of the Site.
Content means the software, code, text, photographs, images, illustrations, graphics, sound recordings, videos, audio-video clips, and other materials available through the Site.
Lookout Mountain Media LLC, we, us, and our refer to Lookout Mountain Media LLC.
Including means including, but not limited to.
Site means any website, application, platform, or service owned or operated by Lookout Mountain Media LLC on which these Terms are posted.
Products means digital images, downloadable files, printed products, apparel, photographs, and other goods or services offered by Lookout Mountain Media LLC.
All products and materials are non-refundable and non-returnable unless otherwise required by applicable law. All sales are final.
You are responsible for downloading digital products promptly and securely backing up all purchases. Digital purchases will remain available for download for 72 hours following the time of purchase.
Lookout Mountain Media LLC is not responsible for the loss of a product after it has been downloaded, accidental deletion, damage to downloaded files, or a customer’s unintended purchase or download.
Emailed download links may expire for security purposes. Please download and securely back up all purchased files immediately. Any online account access provided by Lookout Mountain Media LLC is offered as a courtesy and should not be relied upon as permanent storage for purchases.
Contact Lookout Mountain Media LLC with questions regarding this Site, these Terms of Use, or a purchase.
Contact UsTerms of Use for Lookout Mountain Media LLC