TERMS OF USE

Our services and products are intended for personal or commercial use, subject to the terms and conditions set forth in these Terms of Use. You are responsible for complying with all applicable laws and regulations, and you agree not to use our services or products for any unlawful or abusive purpose. You also agree not to:

• Attempt to gain unauthorized access to our services or products

• Modify, adapt, or hack our services or products

• Interfere with or disrupt the performance of our services or products

• Use our services or products to transmit any viruses, worms, or malicious code

1. Intellectual Property: All content included in or made available through our services or products, such as text, graphics, logos, images, audio clips, digital downloads, and data compilations, is the property of LXRY ENTERTAINMENT or its content suppliers and protected by copyright laws. You may not use any of our trademarks, trade names, or logos without our prior written consent.

2. Disclaimer of Warranties: Our services and products are provided on an "as is" and "as available" basis. We do not warrant that our services or products will be uninterrupted or error-free, or that any defects will be corrected. We make no representations or warranties of any kind, express or implied, regarding the use or the results of our services or products.

3. Limitation of Liability: In no event shall LXRY ENTERTAINMENT be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use our services or products. Our liability to you shall in no event exceed the amount paid by you for the services or products.

4. Indemnification: You agree to indemnify, defend, and hold harmless LXRY ENTERTAINMENT, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees arising out of or in connection with your use of our services or products or your breach of these Terms of Use.

5. Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of state(s) NY,NJ,PA. Any dispute arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of state(s) NY,NJ,PA.

6. Copyright Ownership:  In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of Provider business.

7.  Permitted Uses of Product(s): Provider grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Provider with attribution each time Client uses Provider's property. Personal use includes, but is not limited to, use within the following contexts: In photos on Client’s personal social media pages or profiles; or In personal creations, such as a scrapbook or personal gift; orIn personal communications, such as a family newsletter or email or holiday card.

8. Exclusivity: Client understands and agrees that he or she has hired Provider exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Provider hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

9. Style: Client has spent a satisfactory amount of time reviewing Provider's work and has a reasonable expectation that Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

10. Consistency. Provider will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Provider current portfolio and Provider will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that: 1.Every client is different, with different tastes, budgets, and needs 2.Provider services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique; 3.Provider will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions: 4.Although Provider will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Provider shall have final say regarding the aesthetic judgment and artistic quality of the Services: Dissatisfaction with Provider's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

11. Appropriate Conduct/ Safe Working Environment. Project: The Client(s) expressly agree(s) to take best efforts to provide [Provider] and Provider’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Provider] or a bystander to present a threat or implied threat of injury or harm to LXRY ENTERTAINMENT staff or equipment, LXRY ENTERTAINMENT reserves the right to cancel all services remaining under this Agreement and leave if performing services on-location. At LXRY ENTERTAINMENT discretion, LXRY ENTERTAINMENT may enact a three-strike policy. After the first offense, LXRY ENTERTAINMENT will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), LXRY ENTERTAINMENT shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the project. If the behavior occurs a third time, LXRY ENTERTAINMENT will immediately leave the project. If LXRY ENTERTAINMENT leaves the project early due to any offending behavior, the Client(s) expressly agree to relieve and hold LXRY ENTERTAINMENT harmless as a result of incomplete project coverage, or for a lapse in the quality of LXRY ENTERTAINMENT work, and the Client(s) shall be responsible for payment in full. 

12.  LXRY ENTERTAINMENT is an insured photograph entertainment company; we strive to provide the best service possible to our clients. However, we reserve the right to stop any and all performances if we feel our safety and the safety of our equipment is in jeopardy. We are not responsible for injuries caused to our clients or their guests due to their negligence or unsafe behavior. Client assumes any and all damages to our equipment due to negligence, drunken behavior, vandalism, and/or inappropriate behavior by their guests and/or clients themselves. We reserve the right to pursue any and all legal actions against clients for any physical damage of our equipment or injuries. The client assumes full responsibility for any and all loss or damage caused to LXRY ENTERTAINMENT by the client and/or their guests. This agreement of LXRY ENTERTAINMENT or the representative of LXRY ENTERTAINMENT  to perform at your event shall be excused by detention of personnel by illness, personal tragedy, family emergencies, accidents, riots, strikes, acts of God, or any other legitimate condition beyond BN Event Group’s control. If such circumstances arise, all reasonable efforts will be made by LXRY ENTERTAINMENT to find comparable replacement entertainment acceptable to client within LXRY ENTERTAINMENT talent pool or with a 3rd party affiliate at the agreed upon fees. Should LXRY ENTERTAINMENT be unable to procure a replacement acceptable to the client, client shall receive a full refund of all fees and retainer paid to LXRY Entertainment. Purchaser agrees that in all circumstances, LXRY ENTERTAINMENT liability shall be exclusively limited to refunding all the fees and retainer paid and that LXRY ENTERTAINMENT shall not be liable for indirect or consequential damages arising from any breach of contract.

Thank you for using our services and products!

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