Terms and Conditions
Website Ownership and Terms Binding
This website is owned and operated by PUNA Photographic & Technology LLC. These Terms and Conditions set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors creative, technology, and marketing services and solutions. By accessing or using our website and services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
Eligibility and Account Requirements
To use our website and/or receive our services, you must be at least 18 years of age or of the legal age of majority in your jurisdiction and possess the legal authority, right, and freedom to enter into these Terms and Conditions as a binding agreement. You are not permitted to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Key Commercial Terms Offered to Customers
When purchasing an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it; (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and complete the check-out payment process.
The prices we charge for using our services are listed on the website. We reserve the right to change our prices for services displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.
Retention of Right to Change Offering
We may, without prior notice, change the services, stop providing the services or any features of the services we offer, or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Warranties and Responsibility for Services and Products
We provide our services and products "as available" and "as is". To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements or that the service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of our services or as to the accuracy or reliability of any information obtained through our services.
You expressly agree that your use of, or inability to use, our services is at your sole risk. We will not be liable for any damages of any kind arising from the use of our services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.In no event shall we be liable for any amount greater than the original purchase amount. This limitation of liability applies to any matter arising from or relating to our services or the use of our website, whether such liability arises from any claim based on contract, warranty, tort, or otherwise.
Ownership of Intellectual Property, Copyrights, and Logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of PUNA Photographic & Technology LLC. Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.
User-Uploaded Content
You recognize and agree that by uploading any content (including, but not limited to marketing photos, marketing copy, and contacts) through any means to the website, you confirm that you own all the relevant rights or have received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.
Right to Suspend or Cancel User Account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms and Conditions or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
IndemnificationYou agree to indemnify and hold PUNA Photographic & Technology LLC harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall PUNA Photographic & Technology LLC be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, PUNA Photographic & Technology LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Right to Change and Modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms and Conditions in a material manner, we will notify you that material changes have been made to the Terms and Conditions. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms and Conditions. If you do not agree to any of these terms or any future version of the Terms and Conditions, do not use or access (or continue to access) the website or the service.
Promotional Emails and Content
You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please just notify us at any time by clicking unsubscribe.
Preference of Law and Dispute Resolution
These Terms and Conditions, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of California, USA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Oakland, CA. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Contacting Us
If you have any questions regarding our Terms and Conditions, please contact us through the contact form at: https://puna.digital/contact.