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Terms and Conditions
General
These terms and conditions of use (“Site Terms”) apply to your use of this website (the “Site”), and do not alter in any way the terms or conditions of any other agreement you may have with 212 Studios., its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify 212 Studios. For violations of these Site Terms.

BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

Website Contents
Unless otherwise noted, this website, and all materials on this website, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by 212 Studios.

This website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on this website for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents of this website.

Privacy
212studios.online cares about your privacy. Data of the users’ of 212studios.online are the asset to us, thus we take desirable precautions to protect the users’ information against loss and unauthorized access. The data users’ submits to the site are protected both online and off-line.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. For a complete description of how we use and protect your personal information, see the 212studios.online Privacy Policy.

Services
212studios is your destination for custom banners, intros, websites, hosting, premium themes and plug-in, e.t.c. You may also receive support through our website via email or our support forums.

Resale of a template (an editable file) is prohibited. By ordering for the templates/ PSD files, you agree that the templates/ PSD files you purchase may only be used by you for your personal or business use and CANNOT be sold or redistributed to another parties whatsoever.

Users' Eligibility
First and the foremost important thing to making an order, is you agree to accept all the terms and conditions of 212studios.online. You may only use the services we provide if you can legally enter into and form binding contracts. If you do not qualify, please do not use the services.
License
To enable 212 Studios to use your information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) license to exercise the copyright, trade mark, publicity, and database rights you have in your information, in any media now known or not currently known. You also waive all moral rights you have in your information to the fullest extent permitted by law. We will provide you with the opportunity to receive any promotional mails and unsubscribe thereafter at anytime suitable to you.
User Communication
212 Studios is pleased to hear from users and welcomes your comments regarding our services. You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit or share with 212 Studios on this website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”).

By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. 212 Studios does not endorse or sponsor any such User Communications submitted by you or other users of this website.

212 Studios reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. 212 Studios will fully cooperate with any law enforcement authorities or court order requesting or directing 212 Studios to disclose the identity of anyone posting any such information or materials.

Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution.

Validity
212studios.online (hereinafter referred to as (”212 Studios”) shall render the services to the client as agreed upon in an individual contract (hereinafter referred to as the “Contract”). The present Terms and Conditions apply to all present and future services performed by 212 Studios for the client, even if the Terms and Conditions are not explicitly referred to in the Contract. Any terms and conditions stipulated by the client shall apply only if expressly accepted in writing by 212 Studios.
Cooperation between the parties to the contract
212 Studios shall receive from the client all the documents, information, and data necessary to deliver the agreed services in the form as requested by 212 Studios. As far as 212 Studios creates or adapts designs or provides design services for the client under this Contract, the client shall provide to 212 Studios a complete requirements specification as well as all the required test data in the form that 212 Studios requests. The user requirements specification shall become binding as soon as 212 Studios consents to it in writing. Upon request, 212 Studios shall provide support to the client in drawing up the user requirements specification against separate compensation.

The client shall use its best efforts to support 212 Studios in delivering the services and take all the measures required to attain the project goals which do not expressly fall under the obligations of 212 Studios. The client shall keep additional copies of all data handed over to 212 Studios on its own premises to ensure that restoration will be possible in case the data is damaged or lost. Support as well as services and products to be supplied by the client shall be provided at no cost to 212 Studios.

Each party shall name to the other party an appropriately qualified employee who shall be capable of providing relevant information required for the Contract to be executed and of either taking or initiating any necessary decisions.

Service delivery
The schedule and the detailed services shall be defined in the Contract. Unless otherwise agreed upon, 212 Studios shall deliver the services on its own premises. As far as 212 Studios performs activities on the client’s premises, the client shall provide adequately equipped workplace(s).
Revision rights
Any order is entitled to unlimited revisions for a period of 7 days from the time of the first draft. Experience has shown that in nearly all cases a customer has been fully satisfied within a 7 day period.
Fees and Charges.
Fees. In consideration of the Services to be performed by 212 Studios, The Client shall pay to 212 Studios fees in the amounts and according to the payment schedule set forth in the Proposal, and all applicable sales, use or value added taxes, even if calculated or assessed subsequent to the payment schedule.

Additional Costs. The Project pricing includes 212 Studios’ fee only. Any and all outside costs including, but not limited to, equipment rental, photographer’s costs and fees, photography and/or artwork licenses, prototype production costs, talent fees, music licenses, and online access or hosting fees, will be billed to The Client unless specifically otherwise provided for in the Proposal.

Invoices. All invoices are payable within 14 days of receipt. For new clients or those overseas 212 Studios reserves the right to invoice with a payable period of 14 days. Payments will be credited first to late payment charges and next to the unpaid balance. The Client shall be responsible for all collection or legal fees necessitated by late or default in payment. 212 Studios reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges or the costs of Changes.

Project End. All deliverables shall be deemed complete once The Client has signed off the work or indicated satisfaction either verbally, in writing, via e-mail, post or other methods. If The Client fails to communicate with 212 Studios for a period of more than 30 days without explanation, the project shall be deemed satisfactory and complete.

Rights to results, confidentiality
Unless otherwise agreed upon, the client receives no rights to the results produced by 212 Studios other than those specifically granted in this Section. Without limiting the generality of the foregoing, client shall not modify, create derivative works from, distribute, publicly perform, publicly display or sublicense the results.

As far as the delivery of services by 212 Studios includes the delivery of services supplied by third parties, the special terms and conditions (in particular license conditions) of the respective vendor shall prevail.

Each of the parties to the Contract shall maintain secrecy vis-a-vis third parties concerning all information, documents and data disclosed to them in the context of the Contract and marked as confidential. The obligation to maintain secrecy shall not apply to documents, information and data which are already general state of the art in the public domain at the time they are handed over to the respective other party or later become general state of the art in the public domain without any fault on the part of the receiving party or in respect of which the receiving party can prove that they either (a) were already state of the art at the receiving party’s when they were handed over, or (b) later became state of the art and know-how at the receiving party’s independently of any communication with the other party to the Contract, or (c) were disclosed to the receiving party by third parties, e.g. under a license agreement. The obligation to maintain secrecy shall remain in effect even after the termination of the Contract.

Customer care rights
We aim to reply to all emails within 24 hours. However, you are fully aware that by placing an order on our site does not guarantee that any of your emails will be answered within 24 hours. Your order guarantees you the right to receive any email reply within 72 hours. You are fully aware of your customer care rights set out here and therefore no chargeback claims can be awarded in the event of an unanswered email in any circumstances until the 72 hour period has fully elapsed.
Miscellaneous
Samples: The client shall provide the designer with samples of print design that result from the project deliverables. Such samples shall be representative of the highest quality of work produced. The designer may use such copies and samples for publication, exhibition, or other promotional purposes.

The designer shall have the right to photograph all completed designs or installations and shall have the right to use such photographs for publication, exhibition, or other promotional purposes.

Refund Policy
We have a 100 percent money back guarantee policy before the first draft. This means if you are not satisfied at any stage of the service process after placing and paying for your order, you can request a full refund of what you paid. We wish to make refund as soon as they are requested. The refund, however, may take up to 21 days to process. No refund is available for design firms or for those who order our design services on behalf of another entity. You shall forfeit the right to a refund if you receive the first draft of your design(s). The first draft is the first file we send at the beginning of the revision process.

You shall have 10 days to respond to each response sent to you. If after 10 days you have failed to respond, 212 Studios will assume that your project is complete and the project shall be deemed completed. At such time, 212 Studios will have no further obligation to you, and you will pay 212 Studios pursuant to the provisions of these Terms and Conditions. Notwithstanding the foregoing, 212 Studios reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, 212 Studios will determine, in its sole discretion, whether you are entitled to any refund.

Intellectual Property Rights
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, 212 Studios owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to 212 Studios without obtaining authorization from 212 Studios.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Trademarks
212 Studios. Trademarks, the 212 Studios logo, and any other product or service name or slogan contained in the Site is trademarks of 212 Studios. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of 212 Studios. Or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “212 Studios.” or any other name, trademark or product or service name of 212 Studios. Without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of 212 Studios. And may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Rights and ownership
Rights: All services provided by the designer shall be for the exclusive use of the client other than for the designer’s promotional use. Upon payment of all fees, the following reproduction rights for all approved final designs created by the designer for this project shall be granted:

• Client to gain full transferable rights to brand identity.
• Client to gain full license to reproduce works through commercial printers.

Ownership: The client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee.

Third Party Links
This website contains hyperlinks and other pointers to web sites operated by third parties (“Hyperlinked Websites”). Unless otherwise stated at those websites, those websites are not controlled by 212 Studios. By using those links, you acknowledge and agree that:

212 Studios is not responsible for the contents of any Hyperlinked Websites or any hyperlink contained in a Hyperlinked Website. 212 Studios provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the Hyperlinked Website by 212 Studios, its related bodies corporate, affiliates, corporate partners or licensors. You access such Hyperlinked Websites entirely at your own risk.

No Warranty
212 Studios and all its associates do not guarantee continuous, uninterrupted or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. 212 Studios makes no warranty with respect to its software, the services it provides, linked content and we expressly disclaim all such warranties. We cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. 212 Studios provides the site and services on an “as is” basis and “as available” basis without any warranties of any kind and to the extent permissible by law. We exclude all implied warranties, including also any implied warranties of merchantability and fitness for a particular purpose, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Limitation of Liability
THE SERVICES AND THE WORK PRODUCT OF 212 STUDIOS ARE SOLD AS IS. IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF 212 STUDIOS, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (212 STUDIOS PARTIES), TO THE CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND THE CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF 212 STUDIOS. IN NO EVENT SHALL 212 STUDIOS BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY 212 STUDIOS, EVEN IF 212 STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification
You agree to defend, indemnify and hold harmless 212 Studios., its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the 212 Studios. Content or your violation of any rights of another.
Disclaimer
The materials on this website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property.

212 Studios expressly disclaims any duty to update or revise the materials on this website, although 212 Studios may modify the materials at any time without notice. Your use of this website is at your sole risk, and you assume full responsibility for any costs associated with your use of this website. 212 Studios shall not be liable for any damages of any kind related to your use of this website.

Modification and Notice
You agree that 212 Studios may modify these Terms and Conditions and any other policies on our Site at any time and that posting the modified Terms and Conditions or policies on our Site will constitute sufficient notice of such modification.
Severability
If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Applicable Laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of USA without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Kansas, USA in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
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