Terms of Service

Effective Date: February 14, 2024

Welcome to ilukamedia.com (the “Site”), operated by iLuka Media LLC (“iLuka Media,” “we,” “us,” or “our”). By accessing or using our Site and services, you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree with any part of these Terms, please discontinue use of our Site.

1. Privacy Statement

Your personal information and privacy are important to us. By using this Site, you acknowledge and agree to our collection, use, and sharing of your information as described in our Privacy Policy, which is incorporated into these Terms.

2. Eligibility

By accessing our Site or services, you confirm that:

  • You are at least 18 years of age or the age of majority in your jurisdiction.

  • You have the authority to agree to these Terms.

  • Your use of our Site and services complies with all applicable local, state, and federal laws.

If you do not meet these requirements, you are prohibited from accessing or using our Site and services.

3. Modification of Terms

iLuka Media may revise these Terms at any time, and any changes will be posted on this page. Your continued use of the Site or services after any such changes become effective indicates your acceptance of the new Terms. Please check back periodically for updates.

4. Use of Services and Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our services for personal, non-commercial purposes. This license does not include any resale or commercial use of the Site or its contents.

  • Prohibited Uses: You may not reproduce, distribute, modify, display, perform, create derivative works from, or otherwise use the content of this Site, except as expressly permitted in these Terms.

iLuka Media reserves the right to revoke this license at any time and to terminate your access to our services if we determine that you have violated any of these Terms.

5. Registration and Account Security

You may need to create an account to access certain features of our services. By registering, you agree to:

  • Provide accurate, current, and complete information.

  • Maintain the confidentiality of your account and password.

  • Notify us immediately of any unauthorized use of your account.

You are responsible for all activities that occur under your account. iLuka Media is not liable for any loss or damage from your failure to maintain account security.

6. Payment, Subscriptions, and Refund Policy

If you purchase a subscription or service, you agree to pay all charges associated with your order. Subscription services may automatically renew unless canceled prior to the renewal date.

  • Refunds: Our refund policy provides a 30-day window from the original purchase date. Beyond this period, payments are nonrefundable unless otherwise discussed.

  • Subscription Cancellations: You may cancel a subscription at any time, but cancellation will only apply to future billing cycles.

7. Free Trials

We may offer free trials for certain services. Trials are limited to one per customer. If you do not cancel by the end of the trial, your subscription will automatically convert to a paid subscription.

8. Intellectual Property

All content on this Site, including text, images, designs, graphics, logos, and software, is the property of iLuka Media or its licensors and is protected by copyright, trademark, and other intellectual property laws.

  • User Content: You retain ownership of any content you post, but by posting, you grant us a non-exclusive, perpetual, fully sublicensable license to use, reproduce, modify, distribute, and display such content in connection with our services.

9. Prohibited User Conduct

While using our Site, you agree not to:

  • Use the Site or services for any unlawful purpose.

  • Distribute viruses or other harmful code.

  • Engage in unauthorized scraping, data mining, or similar data-gathering practices.

  • Share your account with others or access another person’s account without authorization.

  • Bypass or disable any security features of the Site.

10. Disclaimer of Warranties

iLuka Media provides the Site and services “as is” and “as available,” without any warranties of any kind. We do not guarantee that the Site will be error-free, secure, or uninterrupted. Use of the Site is at your own risk.

11. Limitation of Liability

To the maximum extent permitted by law, iLuka Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Site or services.

Our total liability to you for all claims arising from your use of the Site or services is limited to the amount you paid to us within the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless iLuka Media and its affiliates from any claims, damages, or expenses (including attorneys' fees) arising from your use of the Site, your violation of these Terms, or your violation of any rights of another.

13. Arbitration and Class Action Waiver

Any dispute arising under these Terms will be resolved through binding individual arbitration under the Federal Arbitration Act. You waive the right to participate in any class action, class arbitration, or other representative proceeding.

  • Arbitration Location: The arbitration will take place in the United States county where you reside, or another mutually agreed-upon location.

14. Governing Law

These Terms are governed by the laws of the State of Idaho, without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Idaho for any dispute not subject to arbitration.

15. Termination

iLuka Media reserves the right to terminate your access to the Site or services if you violate these Terms. Upon termination, all rights granted to you in these Terms will immediately cease.

16. User Feedback and Ideas

If you submit feedback, ideas, or suggestions regarding the Site or services (“Feedback”), we may use such Feedback for any purpose without compensation to you. You grant iLuka Media a perpetual, worldwide, non-exclusive, and fully sublicensable license to use and exploit your Feedback.

17. Digital Millennium Copyright Act (DMCA) Compliance

iLuka Media respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe any content on our Site infringes your copyright, please contact us with the following information:

  1. A description of the copyrighted work that you claim has been infringed.

  2. The location of the infringing content on our Site.

  3. Your contact information.

  4. A statement that you have a good faith belief that the disputed use is unauthorized.

  5. An electronic or physical signature of the copyright owner or authorized agent.

18. Severability and Waiver

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect. Failure by iLuka Media to enforce any provision of these Terms does not constitute a waiver of that provision.

19. Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

20. No Third-Party Beneficiaries

These Terms are for the benefit of you and iLuka Media only and do not confer any rights on any third party.

21. International Use and Export Compliance

If you access the Site from outside the United States, you are responsible for compliance with your local laws, including export regulations.

22. Contact Information

For questions regarding these Terms, please contact us at:

  • Email: wendy@ilukamedia.com

  • Mailing Address: PO BOX 45731, Boise, Idaho 83711, United States