Terms of business
By using the website studiobotez.com (the "Site") and other features, services or applications (including without limitation mobile applications (“Mobile Apps”)) offered by Studio Botez Ltd. (collectively, the "Service"), you agree to be bound by these terms of business (the "Terms of Business" or "TOB"). If you disagree with any of the terms below, you will not have a right to use the Service.
The individual who accepts these terms and conditions, must be aged 18 years or older. You certify to Studio Botez that if you are an individual (i.e. not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Service and access the Site, and take full responsibility for the selection and use of the Service and access of the Site. These Terms of Business are void where prohibited by law, and the right to access the Site and use the Service is revoked in such jurisdictions.
Studio Botez reserves the right, at its discretion, to update and change, from time to time, these Terms of Business. Studio Botez may change these Terms of Business by posting a new version on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service after such change constitutes acceptance of such changes.
The Service is accessed by you ("User" or "You") under the following terms and conditions.
To use many of the Services, you must first create an account (“Account”). Different parts of the Services may require different Accounts. You agree to provide us with accurate, complete and at all times up to date information for your Accounts. We may need to use this information to contact you.
Please safeguard your Accounts and make sure others don't have access to your Accounts or passwords and other authentication credentials (collectively, "passwords"). You're solely responsible for any activity on your Accounts and for maintaining the confidentiality and security of your passwords. We’re not liable for any acts or omissions by you or anyone else in connection with your Accounts. You must immediately notify us if you know or have any reason to suspect that your Accounts or passwords have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Accounts.
Access to the Site and Service
Subject to the terms and conditions of this "TOB", Studio Botez may offer to provide the Service, as described more fully on the Site, solely for your own use, and not for the use or benefit of any third party. The Service shall include, but not be limited to, any services Studio Botez performs for you, as well as the offering of any materials displayed or performed on the Site or the Service (including, but not limited to text, graphics, images, illustrations, audio clips and video clips, also known as the "Content").
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Service, including, without limitation, mobile phones, modems, hardware, software, data plans, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
Studio Botez will use reasonable efforts to ensure that the Site and Service are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Studio Botez to minimize such disruption where it is within Studio Botez's reasonable control. You agree that Studio Botez will not be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site or the Services.
Studio Botez may change, suspend or discontinue the Service including any Content for any reason, at any time, including the availability of any feature, database, or content. Studio Botez may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Users of the Services (whether you or others) may provide us with content, including without limitation text, photos, images, audio, video, fonts, logos, stickers, code and any other materials ("User Content"). Your User Content stays yours, except for the limited rights that enable us to provide, improve, promote and protect the Services as described in this Agreement. User Content includes without limitation content you post to Your Sites. "Your Sites" means the sites (including scheduling pages or Unfold stories hosted on the Services) you create or publish using the Services. When you provide User Content via the Services, you grant Studio Botez (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that User Content works better with the Services), communicate, publish, publicly display, publicly perform and distribute User Content for the limited purposes of allowing us to provide, improve, promote and protect the Services. This Section does not affect any rights you may have under applicable data protection laws.
Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Studio Botez or from the copyright holder identified in such Content's copyright notice. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided immediately above), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Service in whole or in part.
The Site, Service and Content may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United Kingdom and other countries. Studio Botez's rights apply to the Site, the Service, the Content and all interactions and functionality with Studio Botez APIs , excluding any software components developed by you which do not themselves incorporate Studio Botez or Lounge75 platform, the Studio Botez APIs or any output or executables of their use. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Business. Studio Botez owns all rights, title, and interest in and to Studio Botez. These Terms of Business grant you no right, title, or interest in any intellectual property owned or licensed by Studio Botez, including (but not limited to) Studio Botez, the Site, the Service, the Content, the Lounge75 APIs, minimarkets.co.uk, appyhive.com, visitgreatayton.com, rightaway.app, gigfusion.com, familycooktales.com and Studio Botez trademarks.
The Services or sites created using the Services may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, trade secret, privacy, publicity or other rights or the good name of you or third parties; (d) that is harmful to your or others’ computers or networks; (e) that is unlawful or illegal; or (f) the downloading, copying or use of which is subject to additional terms and policies of third parties or is protected by intellectual property, trade secret, privacy or other laws. By operating the Services, we don’t represent or imply that we endorse your or other users’ User Content, or that we believe such User Content to be accurate, useful, lawful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, your Accounts, and your computer or network, from User Content accessed via the Services.
Studio Botez reserves the right to charge fees for future use of or access to the Site or the Service.
The site and the service are provided "as is" with no warranty, express or implied, of any kind and Studio Botez expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, availability, security, title and/or non-infringement. Your use of the site and the service is at your own discretion and risk, and you will be solely responsible for any damage that results from your use including, but not limited to, any damage to your computer system, mobile phone or loss of data.
Limitation of Liability
Studio Botez shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the site or the service, whether such damages are based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not Studio Botez has been advised of the possibility of such damages. Under no circumstances shall Studio Botez be liable to you for any amount. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The Terms of Business and the relationship between you and Studio Botez shall be governed by the laws of English courts without regard to its conflict of law provisions.
For all purposes of the Terms of Business, you and Studio Botez shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Studio Botez, express or implied, and you shall not attempt to bind Studio Botez to any contract.
If any provision of the Terms of Business is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
14th September 2020
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