Terms of service
OVERVIEW
Welcome to KnowingNahiyan LUT Library! The terms "we", "us" and "our" refer to KnowingNahiyan LUT Library. KnowingNahiyan LUT Library operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). KnowingNahiyan LUT Library is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ELIGIBILITY
By using the Services and placing an order, you confirm that you have the legal capacity to enter into a binding contract.
If you are under 18, you should only use the Services or make a purchase with the involvement and consent of a parent or legal guardian.
When purchasing from us, you must provide information that is accurate, current and complete, including a valid email address and any information required to process your payment and deliver your purchase.
You are responsible for maintaining the security of any account credentials associated with the Services and for activity carried out through your account.
You must not use the Services for any unlawful or unauthorised purpose.
SECTION 2 – OUR PRODUCTS
KnowingNahiyan LUT Library sells digital colour grading products, including Look-Up Table (“LUT”) files, LUT packs, installation or usage guides and related digital materials.
We make reasonable efforts to describe and represent our products accurately, including through product descriptions, photographs, videos, before-and-after examples and other previews.
However, the appearance and effect of a LUT can vary depending on factors including your source footage, camera or device, colour profile, exposure, white balance, lighting, editing workflow, software, display settings and monitor calibration. Accordingly, a LUT may not produce an identical result across every piece of footage or device.
Any examples displayed on our website are intended to demonstrate the general characteristics and creative effect of the relevant LUT and do not guarantee identical results on your own footage.
Product descriptions, pricing and availability may be updated from time to time. We may also discontinue products or make reasonable changes to our product range.
Nothing in this section affects your statutory rights. Where you are a consumer, digital content supplied by us must meet the standards required by applicable consumer law, including being of satisfactory quality, fit for purpose where applicable and as described.
SECTION 3 – ORDERS AND CONTRACT FORMATION
When you submit an order, you are making an offer to purchase the products in your order.
A contract between you and us is formed when we accept your order. We will normally confirm acceptance electronically, including through an order confirmation email or the provision of access to your purchased digital content.
Payment must be successfully authorised before digital products are supplied.
Please check your order and the email address you provide carefully before completing your purchase.
We reserve the right to decline or cancel an order where reasonably necessary, including where:
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payment cannot be authorised;
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a product or price has been displayed incorrectly;
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we reasonably suspect fraud, misuse or unauthorised activity;
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an order breaches these Terms; or
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we are otherwise unable lawfully to fulfil the order.
If we cancel an order after payment has been taken and before the relevant digital content has been supplied, we will refund the amount paid for the cancelled product.
Our products must not be purchased for resale, redistribution or sublicensing. This does not prevent you from using purchased LUTs in your own personal or commercial creative projects in accordance with the licence set out in Section 7.
SECTION 4 – PRICES AND PAYMENT
All prices are displayed in the currency shown on the website.
The price payable for a product will be the price displayed at the time you place your order, subject to the correction of any obvious pricing error.
The total amount payable, including any applicable taxes, will be displayed before you complete your purchase.
Because our products are supplied digitally, no physical shipping or delivery charges apply unless expressly stated otherwise.
You agree to provide current, complete and accurate payment and billing information and confirm that you are authorised to use the payment method provided.
Payments may be processed by Shopify and/or third-party payment providers. Your use of a particular payment method may therefore also be subject to the relevant provider's terms and privacy practices.
SECTION 5 – DIGITAL DELIVERY
All products currently sold through KnowingNahiyan LUT Library are digital products and are supplied electronically.
Following successful payment and acceptance of your order, your purchased files will be made available through the digital delivery method described at checkout and/or sent to the email address provided with your order.
You are responsible for providing a valid email address and for ensuring that your device has sufficient internet access, storage and compatible software to download, extract and use the purchased files.
Product pages will identify relevant file formats and compatibility information where applicable. You should review this information before purchasing.
If you do not receive your download, your download link does not work, your files appear to be corrupted, or you otherwise experience a technical problem accessing your purchase, please contact us at knowingnahiyan@gmail.com so that we can assist you.
We are not responsible for delays or access problems caused solely by circumstances outside our reasonable control, such as problems with your internet connection or incompatible third-party software, but this does not affect any rights you may have where the digital content itself does not conform to the contract.
SECTION 6 – CANCELLATION RIGHTS, REFUNDS AND FAULTY DIGITAL CONTENT
Digital Downloads and the Right to Cancel
Consumers purchasing online will ordinarily have a statutory cancellation period under applicable consumer law.
However, special rules apply to digital content supplied electronically.
Where you request that we begin supplying your digital content before the end of the applicable cancellation period, we will ask you to expressly consent to supply beginning immediately and to acknowledge that you will lose your statutory right to cancel once supply of the digital content begins.
Where you have provided the required express consent and acknowledgement and supply of the digital content has begun, you will no longer have the statutory right to cancel simply because you have changed your mind.
If the legally required consent and acknowledgement have not been obtained, your statutory cancellation rights may continue to apply.
Faulty or Non-Conforming Digital Content
The above does not affect your statutory rights where digital content is faulty, not as described, not of satisfactory quality, not fit for an applicable purpose or otherwise fails to conform to the contract.
Where required by applicable consumer law, you may be entitled to a repair or replacement of faulty digital content. If repair or replacement is impossible or cannot be provided within a reasonable time and without significant inconvenience, you may be entitled to an appropriate price reduction, which may in some circumstances include a refund.
Please contact knowingnahiyan@gmail.com if you believe there is a problem with a purchased product.
Further information about cancellations and refunds is available in our Refund Policy.
Nothing in these Terms or our Refund Policy limits or excludes rights that cannot lawfully be limited or excluded.
SECTION 7 – INTELLECTUAL PROPERTY AND LUT LICENCE
Website and Brand Content
The Services and the content made available through them, including without limitation text, photographs, images, graphics, videos, audio, website design, branding, product materials, guides and other original content, are owned by or licensed to KnowingNahiyan LUT Library and are protected by applicable intellectual property laws, including the Copyright, Designs and Patents Act 1988 and other applicable UK and international intellectual property laws.
Except as expressly permitted by these Terms, you may not copy, reproduce, distribute, modify, republish, upload, transmit, sell, license or otherwise exploit content made available through the Services without our prior written permission.
All rights not expressly granted under these Terms are reserved.
LUT Licence
When you purchase a LUT or LUT pack from KnowingNahiyan LUT Library, you are granted a limited, non-exclusive, non-transferable licence to use the purchased LUTs in your own personal and commercial creative projects.
This includes applying the LUTs to photographs, videos, films, social media content and client work created or edited by you.
You may publish, distribute, monetise and commercially exploit your finished creative work to which a purchased LUT has been applied, subject to any rights relating to the underlying footage, music, images or other materials used in that work.
Your purchase does not transfer ownership of the LUTs or any associated intellectual property rights to you.
You must not:
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sell or resell the LUT files;
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redistribute or share the LUT files with another person;
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upload or make the LUT files publicly available;
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sublicense the LUT files;
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include the LUT files in another LUT pack, preset pack, template, asset library or similar product;
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provide the LUT files to clients or other third parties as standalone files;
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claim that you created or own the LUTs; or
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modify the LUT files for the purpose of reselling, redistributing or otherwise supplying substantially derived LUT files to another person.
For clarity, applying a LUT to your own creative work does not make that finished work a prohibited derivative product. The restriction concerns redistribution or exploitation of the LUT file itself or products derived substantially from that file.
Any installation guides, documentation or other digital materials supplied with your purchase are provided for your own use and may not be reproduced, redistributed, resold or shared with third parties unless we expressly permit otherwise.
Branding
The KnowingNahiyan and KnowingNahiyan LUT Library names, logos, branding and other distinctive brand elements are owned by their respective rights holders.
You may not use those brand elements in a manner that suggests endorsement, affiliation or ownership without prior written permission.
Shopify's names, logos and other brand elements are the property of Shopify or its licensors. Other names, logos, products and brand elements appearing through the Services may belong to their respective owners.
Nothing in these Terms transfers to you any copyright, trade mark, design right or other intellectual property right belonging to KnowingNahiyan LUT Library, its licensors, Shopify or another third party, except for the limited LUT licence expressly granted above.
SECTION 8 – THIRD-PARTY SERVICES AND LINKS
The Services may contain links to third-party websites or use services, functionality or technology provided by third parties.
We are not responsible for the content, accuracy, availability or practices of third-party websites that we do not control.
If you choose to access a third-party website or service, you should review its applicable terms and privacy policies.
Nothing in this section excludes or limits any responsibility that we cannot lawfully exclude.
SECTION 9 – SHOPIFY
KnowingNahiyan LUT Library is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with KnowingNahiyan LUT Library. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and KnowingNahiyan LUT Library, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with KnowingNahiyan LUT Library.
SECTION 10 – PRIVACY
We process personal information in accordance with our Privacy Policy, which explains what personal information we collect, why we collect it, how it is used and shared, how long it may be retained and the rights available to you.
Because our store is powered by Shopify, certain personal information may also be processed by Shopify and other service providers involved in operating the store, processing payments and delivering digital products.
Please review our Privacy Policy for further information.
SECTION 11 – REVIEWS, FEEDBACK AND USER CONTENT
If you voluntarily submit a review, testimonial, photograph, video, comment, suggestion or other content to us (“User Content”), you confirm that you have the right to provide that content and that doing so does not infringe another person's rights.
Where you submit User Content for publication, promotion or use in connection with KnowingNahiyan LUT Library, you grant us a non-exclusive, worldwide, royalty-free licence to reproduce, display and share that content for reasonable purposes connected with operating and promoting our business and products.
You retain ownership of your User Content.
We may choose not to publish, or may remove, User Content that is unlawful, misleading, abusive, defamatory, infringing, obscene, fraudulent or otherwise inappropriate.
We will not knowingly alter a customer review in a manner that materially misrepresents the customer's views.
SECTION 12 – ERRORS AND INACCURACIES
We make reasonable efforts to ensure that information provided through the Services is accurate.
Occasionally, however, information may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, compatibility, pricing, promotions or availability.
We may correct errors or update information where reasonably necessary.
Where an obvious error affects an order you have already placed, we will contact you where appropriate and will not use this section to remove or reduce any statutory rights you may have.
SECTION 13 – ACCEPTABLE USE
You may use the Services only for lawful purposes.
You must not use the Services to:
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violate any applicable local, national or international law or regulation;
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infringe our intellectual property rights or the rights of another person;
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distribute malware, viruses or other harmful code;
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attempt to gain unauthorised access to the website, accounts, servers or systems;
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interfere with the proper operation or security of the Services;
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impersonate another person or misrepresent your identity;
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collect personal information about others unlawfully;
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engage in fraudulent, deceptive or malicious activity;
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send unsolicited spam or other unlawful communications through the Services;
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scrape, extract or reproduce protected content at scale without permission;
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circumvent access controls, security mechanisms or technical restrictions; or
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use automated systems in a manner that materially disrupts, damages or places an unreasonable burden on the Services.
We may take reasonable steps to restrict or suspend access where we reasonably believe these Terms have been breached or where necessary to protect the Services, our customers or third parties.
SECTION 14 – SUSPENSION AND TERMINATION
We may suspend or terminate access to some or all of the Services where reasonably necessary, including where:
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you materially breach these Terms;
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we reasonably suspect fraud or unlawful activity;
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your use creates a security risk;
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you attempt to interfere with or misuse the Services; or
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we are required to do so by law.
Termination or suspension does not affect rights or obligations that arose before termination.
Provisions that by their nature are intended to continue after termination, including provisions relating to intellectual property, licences, liability and governing law, will continue to apply.
Nothing in this section permits us to withdraw statutory rights relating to digital products you have already purchased.
SECTION 15 – AVAILABILITY AND WARRANTIES
We aim to keep the Services available and functioning properly but cannot guarantee that the website will always be available, uninterrupted or free from temporary technical errors.
We may occasionally need to suspend or restrict website access for maintenance, security, updates or circumstances outside our reasonable control.
We do not guarantee that a LUT will produce identical creative results across all footage, cameras, devices, colour profiles, editing software or workflows. Product previews are illustrative of the intended creative characteristics of the relevant LUT.
However, nothing in these Terms excludes or restricts any statutory warranty, condition, term or consumer right that cannot lawfully be excluded or restricted.
Where you are a consumer, digital content supplied by us must meet the standards required by applicable law, including being of satisfactory quality, fit for purpose where applicable and as described.
SECTION 16 – LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits our liability where it would be unlawful to do so.
In particular, nothing in these Terms excludes or limits liability for:
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death or personal injury caused by negligence;
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fraud or fraudulent misrepresentation; or
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any other liability that cannot lawfully be excluded or limited.
Nothing in these Terms affects your statutory rights as a consumer.
If you are a consumer, we are responsible for losses that are a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. A loss is foreseeable if it was an obvious consequence of the breach or if both you and we knew, when the contract was formed, that it might occur.
We are not responsible for losses that are not a foreseeable result of our breach or failure to use reasonable care and skill.
Where you purchase a product wholly or mainly for personal purposes, we do not exclude liability merely because you subsequently use your finished creative work commercially where such use is permitted by the LUT licence.
We are not responsible for loss or damage caused solely by your misuse of a product, failure to follow supplied instructions, incompatible third-party software or hardware, or modifications made by you or a third party, except where applicable law provides otherwise.
SECTION 17 – SEVERABILITY
If any provision, or part of a provision, of these Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision or part will be treated as removed to the minimum extent necessary.
The remaining provisions of these Terms will continue in full force and effect.
SECTION 18 – WAIVER AND ENTIRE AGREEMENT
If we do not immediately exercise or enforce a right available to us under these Terms, that does not mean that we have waived that right.
These Terms, together with any policies expressly incorporated into them and any product-specific terms provided before purchase, form the agreement between you and us in relation to your use of the Services and purchase of our products.
Nothing in this section excludes liability for fraud or fraudulent misrepresentation or affects rights that cannot lawfully be excluded.
SECTION 19 – TRANSFER OF RIGHTS
You may not transfer your licence to use purchased LUT files to another person except where we expressly agree otherwise in writing.
We may transfer our rights and obligations under these Terms to another person or organisation, for example in connection with a sale or transfer of the business, provided that doing so does not reduce your rights under these Terms.
Where required by applicable law, we will notify you of such a transfer.
SECTION 20 – GOVERNING LAW AND DISPUTES
These Terms and any contract between you and us are governed by the laws of England and Wales.
If you are a consumer resident in another part of the United Kingdom or another country, you may also be entitled to the benefit of mandatory protections provided by the laws applicable in the place where you live.
If you are a consumer, the courts of England and Wales will have jurisdiction, except where applicable law permits you to bring proceedings in the courts of another part of the United Kingdom or the country in which you reside.
If a dispute arises, we encourage you to contact us first at knowingnahiyan@gmail.com so that we can try to resolve the matter.
SECTION 21 – CHANGES TO THESE TERMS
We may update these Terms from time to time, including to reflect changes to our Services, products, business practices or applicable law.
The most current version of these Terms will be available on this page.
Where changes materially affect your rights in relation to an ongoing service, we will provide notice where required by applicable law.
Changes to these Terms will not retrospectively alter the terms governing an order already placed unless required by law or expressly agreed with you.
The version of the Terms applicable to a particular purchase will generally be the version in effect when that purchase was made.
SECTION 22 – HEADINGS
Headings in these Terms are included for convenience and readability only and do not affect the interpretation of the provisions they describe.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms, your order or our products can be sent to:
KnowingNahiyan LUT Library
Email: knowingnahiyan@gmail.com
Please do not include a company registration number or VAT registration number unless one applies to the business.