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Terms of use

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Terms of use

SECTION 1 – INTRODUCTION 

This document forms the conditions, terms, and use of digital services and Welpix Studio’s website services, a project of Welpix Studio SRL (collectively referred in these terms as “Welpix Studio”, “us”, “our”). These terms shall apply to you as a user, client, customer buyer of services, visitor, or anyone who has used our website’s services in any way. By purchasing any digital product or in consideration for any services provided to you through our website, you agree and acknowledge that your access and use of all information and content given to you or accessed by you as part of our services is governed by all terms, conditions, notices, and disclaimers contained in this document and other rules and policies stated on our website. 

SECTION 2 – REQUIREMENTS

  • Age Requirement

You must be at least 16 years old to use our services. If you are under, you do not have permission to use our services unless you’ve obtained your parent’s or guardian’s permission. 

  • Not Barred By Law

You must otherwise not be barred by law from using a computer, internet, or otherwise our website for whatever reasons. This specifically includes the people who have been convicted by the court of law for the illegal use of computers.  

  • Personal Information Requirement For Registration 

In order to provide our users, the best services we may need personal information. This personal information may include your first name, last name, phone, and email as well as other information as described in our Privacy Policy.  Please know that the information you may provide will only be used for the purpose of providing our services and will not be sold to any third parties.

  • Automatic Information Collection 

There may be some information that will be collected automatically from the users when they use our website. To know more about it please read our Privacy Policy.User

  • Consent To EULA And Other Documents

You will be asked to give your consent to our End User License Agreement (“EULA”) in order to use all of our services through our software. Please note the software allows users to collaborate with us, chat with our team members, view estimates and invoices, manage and track all tasks through the software and provide useful content for the creations of our order deliveries.

SECTION 3 – PAYMENT POLICY 

All users and clients have the following options to pay for services 

3.1.Complete Upfront Payment. 

The user has the option to pay the complete or 100% of the service fee upfront to the service provider for the services mentioned in this agreement.

3.2. Partial Upfront Deposit 

The user may partially pay the Welpix Studio for rendering services specified in the Agreement. We reserve the right to set the upfront deposit amount (usually at least 50% of the service fee amount) which will be paid by the user. 

3.3. Content During Partial Payment 

Notwithstanding anything in this agreement, we will deliver and/or exchange high-resolution files during the term solely if the user has paid the complete payment for the services. In the event, the user has made a partial payment or made an upfront deposit and residual amounts need to be paid prior to delivery of the deliverables, we will exchange low-resolution files for collaboration purposes until receipt of the complete service fee. 

3.4. Cancellations and refunds

All amounts paid to the Welpix Studio are non-refundable (specifically the service fee and the upfront deposit amounts). Notwithstanding the foregoing, we may choose to provide a partial or full refund in their sole discretion. Nothing in these Terms shall create an obligation on our website to provide refunds to the user unless required by the law.

SECTION 4 – INTELLECTUAL PROPERTY RIGHTS

Apart from customer data that has been provided for the purposes of rendering our services, Welpix Studio’s services, digital products, and website may contain its own information, pictures, and material from Welpix Studio. Copyright laws protect information such as source codes, programming language, pictures, designs, and material. Our website’s and company’s name, logos, and any other informational and promotional materials graphics or logos contained on our website may not be used without our written consent. Our website may also contain trademarks, graphics, and information which our affiliates and subsidiaries hold copyright in and you agree that all the materials displayed on or available through our website are protected by local and international copyright, trademark, and other intellectual property laws as applicable and are listed on our website purely for your personal information and for providing our services only. You cannot copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any information or materials on our website or services unless expressly provided for with our express permission.

4.1. Copyrights Of User Content  

As the content creator of all deliverables made pursuant to these terms of use and the agreement, we retain the copyright in and to all the content created and made by us. The user agrees that the deliverables are not “works made for hire” in accordance with the Slovakia copyright act (act no. 185/2015) (“act”) § 24 hires and rental of the original of a work or a copy of a work and, other related provisions in the act and that we retain those exclusive rights in the deliverables provided by § 13 of the act and other provisions of the act, including the rights to reproduce the copyrighted work, prepare derivative works based on the copyrighted work, distribute copies of the copyrighted work to the public, and display the work.

SECTION 5 – RESTRICTION AND PROHIBITED USES

You may only use the services offered by Welpix Studio for legal reasons and as per the Terms. You acknowledge and agree that the following activities shall be strictly prohibited concerning our website and services and that you shall not:

  • Use an account or profile to access Welpix Studio’s services that do not belong to you or that you or a third party has created as a fraudulent/ fictitious account.
  • You will not pirate, steal, hack or illegally upload any part of our website to torrenting websites, scene communities, bulletin boards, and anywhere the files can be illegally used. 
  • You will not engage in any commercial activity related to Welpix Studio’s website without obtaining authorization from us; this may include but is not limited to the offering, soliciting, selling, buying, renting, or licensing our website or information in, from, or to any person, company, body corporate in any location or jurisdiction – we will at its sole discretion decide what is and is not commercial.
  • Post, distribute, issue, or send any content or communication, either knowingly or in a grossly negligent manner, that contains false, misleading, or deceptive information, misinformation, or rumor, or that you do not have the right to communicate because of any law or contractual obligation.
  • You will not violate, circumvent, reverse-engineer, decompile, disassemble, Intercept, interfere with, or otherwise tamper with any of the security technology, crack any encryption codes, interfere with or remove or alter any rights, management information, or transfer or store any illegal materials, or attempt or assist another person in doing any of these things on or about our website. 
  • Use any of the content contained on our website including brands, logos, names, and look and feel except as otherwise authorized in writing.
  • Break or infringe any copyright, trademark, or any other intellectual property law in any way or manner that may harm now or in the future to our business. 
  • Chargeback, the amount they’ve already paid, doing so will result in legal proceedings against such customer.  

Should you engage in any of the prohibited conduct listed above, we reserve the right to remove the prohibited conduct, remove your access to our services, and report your conduct to the Welpix Studio’s host and legal authorities where applicable, and take any other legal action and remedies that may be available to us. 

SECTION 6 – THIRD-PARTY MATERIALS AND DISCLAIMER 

Certain content and information contained on our website may include materials and information from third parties (including but not limited to manufacturers, vendors, or service providers) and may contain links to external sources, applications and software. You agree that we have no control over and are not responsible for examining or evaluating the content or accuracy of these links and materials.

You agree and understand that we do not have control over external third parties and do not warrant, and to the full extent permissible under law, will not have liability or responsibility for third-party materials or information, unless expressly stated, the provision of a link to external third-party services should not be construed as an endorsement, affiliation, sponsorship, recommendation, preference, or approval of Welpix Studio SRL. We will not accept any liability for your access, use, or reliance on such third-party links and the materials contained therein.

SECTION 7 – UNFORESEEN EVENTS AND FORCE MAJEURE

Any act or situation which is beyond our control is known as a “Force Majeure Event”. In such a circumstance, we are not liable for any failure to perform or delay in the performance of our obligations or shipping under our general terms. In any such event, the order or project can be canceled and any amount retained will be refunded.  Any act, event, non-happening, omission, or accident beyond our control includes (but is not limited to):

  • Strikes, lock-outs, or other industrial action.
  • Civil commotion, riot, invasion, cyber-attack, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
  • Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
  • Interruption or failure of utility service (including the inability to use public or private telecommunications networks).
  • Failure of any workforce availability due to any reason. 
  • The acts, decrees, legislation, regulations, or restrictions of any government.

We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under the general terms or any related contract between us may be performed despite the Force Majeure Event.

SECTION 8 – LEGAL DISCLAIMER

The information and materials contained on our website are for general and informational purposes only. You should not rely on any material or information for any purpose whatsoever, including (but not limited to) decisions about the use, sale, and resale of digital goods and services related to the website of Welpix Studio and/or sold by its online merchants and affiliates. We accept no responsibility or liability whatsoever for any loss or damage you may suffer as a result of your reliance on any material contained on or on our website. 

We assume no responsibility or liability whatsoever for any loss, damage, or injury you may incur as a result of technical or telecommunications problems related to your access to our services including (but not limited to) interrupted access, delay, security breaches, identity theft, viruses or malicious codes. You agree that at our own behest we may remove our digital products or any items contained as part of it for indefinite periods, or may cancel the whole business at any time without notice to you.

SECTION 9 – RELEASE OF CLAIMS AND INDEMNIFICATION 

The buyer to the fullest extent permitted by law, shall indemnify, defend, hold harmless, protect and defend the owner, photographer, CEO or anyone associated with Welpix Studio SRL, our business, from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses, including attorney fees, arising out of or resulting from any cause of action for any reason whatsoever including but not limited to the negligence or misconduct in connection with participation in any activity related to installation, removal or usage of our website. If any such legal claim, demand, or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of any country or state, or under any theory of law or equity, the buyer will indemnify, hold harmless and defend the owner, owner, photographer, CEO or anyone associated with Welpix Studio SRL from any and all costs, expenses, or liability including but not limited to the cost of any settlement or judgment made or rendered against 

SECTION 10 – DISCLAIMER OF WARRANTY 

  • We do not make any warranty concerning any of the material on our website (including any warranties as to the quality, accuracy, completeness, or fitness for any particular purpose of such material).
  • We make no warranty that your access to our website or any other website via the third-party link contained as part thereof will be uninterrupted or error-free or that the material contained therein is virus-free. You should take your precautions in this respect, and we accept no responsibility for any virus, malicious code, or other technical interruption or issue that may be introduced into your system or may arise through your use or incorrect use of Welpix Studio’s services. 
  • You agree that your use of, or inability to use our services is at your sole risk. Materials available and provided in connection with our services are “as is” and “as available” for your use, without warranties of any kind, either express or implied, as permissible under applicable law.
  • In no case shall our company (Welpix Studio SRL),  its directors, officers, employees, affiliates, or agents be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of our services or for any other claim related to anyway to the website and company to the extent permitted by law.

SECTION 11 – STOCK IMAGES AND ASSETS

The Welpix Studio may in certain cases use images sourced or 3D assets from the internet to create or produce the deliverables (“stock images” or “3D assets”). Although we take caution and utmost care before using the stock images or 3D assets to produce deliverables and procures necessary licenses to use the stock images or 3D assets, we will not be liable for any disputes, losses, damages, arising out of the use of such stock images or 3D assets claiming copyright infringement or other related claims from any person or third parties.

SECTION 12 – GOVERNING LAW AND JURISDICTION

Except where restricted by applicable law, all issues linking to the Welpix Studio’s website and any dispute or case emerging from there or related thereto (for each situation, including non-legally binding questions or claims), will be administered by and interpreted as per Romanian’s laws without offering impact to any decision or struggle of law arrangement or rule.

But where prohibited by appropriate law, any lawful suit, activity, or proceeding emerging out of, or identified with, these Terms or our website will be organized only in the courts of Romania. However, we reserve the right to bring any suit, activity, or proceeding against you for breach of our Terms in your area of residence or some other relevant area. 

SECTION 13 – DISPUTE RESOLUTION 

We will try to resolve any disputes with you quickly and efficiently. If you and we cannot resolve a dispute using our internal complaints handling procedure, we will let you know. If you want to take court proceedings, the relevant courts will have exclusive jurisdiction over these Terms. The applicable law will apply to these Terms of Use. 

SECTION 14 – CHANGES AND AMENDMENTS 

We reserve the right to at any time without prior notice, amend, change, add, delete, and correct our services, including providing new or additional terms and conditions to these Terms. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms of Use. Your continued use of the Program will be deemed acceptance thereof.

SECTION 15 – FEEDBACK AND CONTACT 

If you have any comments, questions, and any other feedback, and requests for technical support relating to our services, make sure to contact us using the following information. Info@welpix.com