WEB STUDIO 21: Terms and Conditions of Use
Welcome! By signing up with us, and being a Client, you agree to be legally bound by these Terms and Conditions of Use (the "Terms and Conditions"), including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use our services. We may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions. In these Terms and Conditions, all services provided by and related to us, and all text, images, photographs, user interface, "look" and "feel", data and other content included from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service."
You acknowledge and agree that we shall have the right (but not the obligation) in our sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities.
You acknowledge, consent and agree that we may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of us, our users and the public.
We reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that we shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
1. Eligibility, Access, Use and Service
(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may (i) display the Web Site on an Internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under United Kingdom copyright law.
(c) Web Site Security. You are prohibited from violating or attempting to violate the security of the Web Site.
(d) Operation of Web Site. We shall not be responsible for any delays or interruptions of, or errors or omissions contained in the Web Site. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. We shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.
2. Refund, Cancellation & VAT/Tax Policy
In any event, any deposited funds for a project shall not be subject to refund after delivery if the initial design concepts are approved, or a change is requested unless we cancel or terminate your Contract for a reason other than your breach or non-performance.
Once you approve or request changes in the initial designs, the refund offer becomes void and refund request will not be entertained. All refunds are subject to a minimum Administration Fee. A refund request will need to have a valid reason. Unless a concept has not been designed according to the initial Client's request, a refund will not be given however further revisions will be provided until Client's complete satisfaction.
Money back guarantee is based on that the order is placed in good faith.
Design job requires customer feedback before finalizing the design therefore it is only fair that the customer gets involved and provides feedback in order to get the desired results.
An account will be considered closed, if a customer does not reply us within 60 days of our communication.
Payments made by Visa, Master cards are processed by PayPal. We do not hold customer card details on our systems in order to provide maximum security and to remain compliant. Where recurring billing is required, card details are stored with Barclaycard for future payments. We also accept payments via bank transfers.
All prices advertised on this website are including VAT.
3. Ownership; Rights to Use
(a) Web Site and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between us and you, we will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof.
(b) Upon submission of any information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), we shall have all rights and licenses necessary to use such Client Information for the archival purposes.
(c) Rights of us. Upon your submission of Client Information to the Service, you grant us a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service.
(d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final work provided to you by us (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and we expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to us a royalty-free, irrevocable exclusive worldwide right to use any materials created in the process of work for internal and archival purposes, and in order to display and promote our service. We retain the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions. You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall we be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
4. Nondisclosure and Privacy
5. Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content. We shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, we make no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material that are communicated through, or posted to, the Service nor do we endorse any opinions expressed by any user of the Web Site, including any Client. You acknowledge that any reliance on information or other material communicated through the Service, or posted to the Web Site, will be at your own risk.
(b) Links to Third-Party Services. The Web Site may contain links to third-party web sites or other services (the "Linked Content"). The Linked Content is not under the control of us and we are not responsible for the Linked Content. We are providing Linked Content to you only as a convenience. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(d) Release from Claims. The Service serves solely as a venue for the creation of work and we do not regularly screen or censor any information or material posted to the Web Site. Although we make commercially reasonable efforts to determine the identity of Clients, we cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release us (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(e) Indemnification. You hereby agree to defend, indemnify and hold harmless us and our subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.
(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. OUR TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO US FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS. THIS AGREEMENT AND ALL MATTERS ARISING FROM IT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF CYPRUS.