TERMS & CONDITIONS
"more boring legal blah blah blah...."
BY VISITING WWW.LIMVI.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
OVERVIEW
The terms “we,” “us,” and “our” refer to Limvi Studio Inc.. The term the “Site” refers to www.limvi.com The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.
Limvi Studio Inc. provides services in Visual Brand Identity, Branding/Marketing Strategy, Creative Direction, Company Visual Presentation, Copywriting and Web/App Design. (the “Service”).
Use of www.limvi.com, including all materials presented herein and all online services provided by Limvi Studio Inc. is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Overall
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
USE OF THE SITE AND SERVICE
Unless otherwise stated, Limvi Studio Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print/screenshot pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. As for the freebies, the grants the User a non-transferable, limited, non-exclusive, worldwide license for the duration of the relevant rights; to download, use and modify the Freebie Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.
You must not: republish material from this website (including republication on another website; sell, rent or sub-license material from the website; show any material from the website in public for commercial purpose; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website [except for content specifically and expressly made available for redistribution].
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without written consent to Limvi Studio Inc..
ACCOUNT CREATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Limvi Studio Inc. will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
ACCREDITATION AND PROMOTION
LIMVI Studio shall be entitled to place accreditation, as a hyperlink, in the form, size and location as incorporated on each page of the final deliverables. We retain the right to reproduce, publish and display the deliverables in portfolios, websites, in galleries, design periodicals, and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
CANCELLATIONS, REFUNDS & RETURNS
In the event of cancellation of your project, ownership of all copyrights and the original artwork shall be retained by Limvi Studio Inc., and a cancellation fee for work completed, and expenses al-ready incurred, shall be paid by the Client. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based on the time estimate for the entire job. A 100% cancellation fee is due once the project has been finished or on after the 70% or the third stage in the timeline, whether delivered to the client or not. If the project is on a project basis and the project is canceled by the client after the first submission, the client agrees to pay no less than 40% of the project already billed at the time of the cancellation plus a flat fee of $200. If the client cancels the project on the first revision submission, the client agrees to pay 70% of the project already billed plus $250 cancellation fee.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to LIMVI Studio. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Limvi Studio Inc. remains yours to the extent that you have any legal claims therein. You agree to hold Limvi Studio Inc. harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Limvi Studio Inc. , including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
you agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. additionally, Limvi Studio Inc. is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, income, loss of contract, business relationships, savings, goodwill, or loss or corruption of information or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. the foregoing applies even if Limvi Studio Inc. has been advised of the possibility of or could have foreseen the damages. in those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. in no event shall Limvi Studio Inc. ’s cumulative liability to you exceed the total purchase price of the service you have purchased from Limvi Studio Inc. , and if no purchase has been made by you, Limvi Studio Inc.’s cumulative liability to you shall not exceed $100.
Reasonableness
By using this website, you agree that the limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
THIRD PARTY RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Limvi Studio Inc.. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Limvi Studio Inc. pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Limvi Studio Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Limvi Studio Inc. .
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows: 23052 H Alicia Pkwy Unit 360, Mission Viejo, CA 92692.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Orange County, CA. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CSP Inc. for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute
resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. You may not transfer, assign, delegate, sub-contract, sub-license or otherwise deal with your rights and/or obligations under these terms and conditions.
UPDATED JUNE 2017 BY LIMVI STUDIO INC.
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