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.
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.
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, visitgreatayron.com, gigfusion.com, familycooktales.com and Studio Botez trademarks.
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.
12th April 2016