Contact Information

LensArt Academy

1-2 Minami 3-jo Nishi 3-chome, Chuo Ward, Sapporo City, Hokkaido, 060-0063

Phone: +81-11-704-2222

Email: contact@lumnaterra.com

Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and LensArt Academy governing your use of our website, educational services, and photography workshops. By accessing our website or participating in our workshops, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you are accessing our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms, and references to "you" include both you individually and the organization.

These terms form a complete agreement between you and LensArt Academy regarding your use of our services and supersede any prior agreements or understandings. Please read these terms carefully and contact us if you have any questions before using our services.

User Obligations and Responsibilities

1. Legal Compliance

You agree to comply with all applicable laws and regulations when using our services, including:

• ese national laws and local regulations applicable to your use of our services
• International laws if you access our services from outside
• Copyright and intellectual property laws governing creative works and educational materials
• Data protection and privacy regulations applicable in your jurisdiction
• Laws governing electronic communications and online conduct

2. Conduct Requirements

When using our services or participating in our workshops, you agree to:

• Maintain respectful and professional behavior toward instructors, staff, and fellow participants
• Refrain from any conduct that disrupts educational sessions or interferes with others' learning
• Not engage in harassment, discrimination, or intimidation of any kind
• Not misrepresent your identity, qualifications, or affiliations
• Respect the privacy and personal boundaries of others
• Follow all safety guidelines and instructions provided during workshops and field sessions

3. Content Guidelines

You agree not to create, upload, share, or distribute content that:

• Is unlawful, harmful, threatening, abusive, or otherwise objectionable
• Infringes upon the intellectual property rights of others
• Contains viruses, malware, or other harmful code
• Violates the privacy or publicity rights of any person
• Contains false, misleading, or deceptive statements
• Promotes illegal activities or violates any applicable laws

4. Age Restrictions

Our services are intended for individuals who are at least 18 years of age or have reached the age of majority in their jurisdiction. By using our services, you represent and warrant that you meet these age requirements. If you are under the required age, you must have parental or guardian consent to participate in our workshops.

Indemnification

1. Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless LensArt Academy, its directors, officers, employees, instructors, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of our services
• Your violation of these Terms and Conditions
• Your violation of any applicable laws or regulations
• Your infringement of any third-party rights, including intellectual property rights
• Any content you submit or share through our services
• Your conduct during workshops or interactions with other participants

2. Defense of Claims

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate fully with our defense of such claims and provide any information or assistance we reasonably request.

3. Scope of Indemnification

This indemnification obligation will survive termination of these Terms and Conditions and your use of our services. You acknowledge that this indemnification is in addition to, and not in lieu of, any other remedies available to us under applicable law.

Disclaimers and Warranties

1. Service Provided As-Is

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, LensArt Academy disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or completeness of content
• Warranties that our services will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected or that our servers are free from viruses

2. Educational Outcomes

While we strive to provide high-quality photography education, we make no warranties or guarantees regarding:

• Specific skill improvements or learning outcomes from our workshops
• Future career opportunities or professional success in photography
• The suitability of our teaching methods for every individual learning style
• Results you may achieve by applying techniques learned in our workshops

Individual results vary based on factors including prior experience, dedication to practice, natural aptitude, and effort invested in learning.

3. Third-Party Content and Links

Our website may contain links to third-party websites or reference third-party resources. We do not endorse, warrant, or assume responsibility for:

• The accuracy, completeness, or usefulness of third-party content
• The availability or operation of third-party websites
• Products or services offered by third parties
• The privacy practices or content of third-party sites

4. Equipment and Technology

We are not responsible for any issues arising from your camera equipment, software, internet connection, or other technology you use in connection with our workshops. Participants are responsible for ensuring their equipment is functional and suitable for workshop activities.

Limitation of Liability

1. General Limitations

To the maximum extent permitted by applicable law, LensArt Academy and its directors, officers, employees, instructors, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Loss of use or inability to use our services
• Cost of substitute goods or services
• Damage to reputation or goodwill
• Personal injury or property damage
• Emotional distress or mental anguish

This limitation applies regardless of the legal theory upon which the claim is based, whether contract, tort, negligence, strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

2. Maximum Liability

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you have paid to LensArt Academy in the twelve months preceding the event giving rise to the claim, or one hundred thondese yen (¥100,000), whichever is less.

3. Basis of the Bargain

You acknowledge that these limitations of liability are fundamental elements of the agreement between you and LensArt Academy. We would not be able to provide our services on an economically reasonable basis without these limitations. These limitations will apply even if any limited remedy fails of its essential purpose.

4. Jurisdictional Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

Force Majeure

Events Beyond Our Control

LensArt Academy shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, severe weather, earthquakes, or other acts of nature
• War, terrorism, civil unrest, or government actions
• Pandemics, epidemics, or public health emergencies
• Labor disputes, strikes, or work stoppages
• Failures of telecommunications, internet service providers, or utility services
• Fires, floods, or other catastrophic events
• Changes in laws or regulations that prevent us from performing our obligations

Effect on Workshops

In the event that force majeure circumstances prevent us from conducting scheduled workshops, we will make reasonable efforts to reschedule or provide alternative arrangements. If rescheduling is not feasible, we may offer refunds or credits at our discretion, considering the specific circumstances and any costs already incurred.

Legal Information and Dispute Resolution

1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

2. Jurisdiction

You agree that any disputes arising out of or relating to these Terms and Conditions or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Tokyo. You consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.

3. Dispute Resolution Procedure

Before initiating any formal legal proceedings, you agree to attempt to resolve any disputes informally by contacting us with a detailed description of the issue. We will work in good faith to resolve disputes through negotiation within a reasonable timeframe. If informal resolution is unsuccessful, either party may pursue formal dispute resolution.

4. Class Action Waiver

To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

5. Statute of Limitations

You agree that any claim or cause of action arising out of or related to your use of our services must be filed within one year after the claim or cause of action arose, regardless of any statute or law to the contrary. After such period, the claim or cause of action shall be permanently barred.

General Provisions

1. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

2. Waiver

No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

3. Assignment

You may not assign or transfer these Terms and Conditions or any of your rights or obligations hereunder without our prior written consent. We may assign these terms without restriction, including to any successor entity in the event of a merger, acquisition, or sale of assets.

4. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, Cookie Policy, and any other policies referenced herein, constitute the entire agreement between you and LensArt Academy regarding your use of our services and supersede all prior or contemporaneous understandings and agreements.

5. Headings

The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. They do not affect the interpretation of these terms.

6. Language

These Terms and Conditions are written in English. In the event of any conflict between an English version and a translated version, the English version shall prevail to the extent permitted by applicable law.

Terms Modification Policy

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective upon posting to our website with an updated "Last updated" date. Material changes that significantly affect your rights or obligations will be communicated through prominent notice on our website or via email if we have your contact information.

Your continued use of our services following the posting of changes constitutes your acceptance of such changes. If you do not agree to the modified terms, you must discontinue use of our services.

We recommend reviewing these Terms and Conditions periodically to stay informed of any updates or changes that may affect your use of our services.