Terms of service
Last updated: 26/02/2024
These terms and conditions ("Agreement") constitute a legally binding agreement between Studio Magento, a LTD organized under the laws of Bulgaria ("Studio Magento LTD") and the user, whether personally or on behalf of an entity ("User"), with regard to the access and use of Studio Magento's website: www.studiomagento.com (the "Website") and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein will result in the express prohibition of the User's use of the Website, and the User is ordered to discontinue use immediately. Thereafter, the relationship between the User and Studio Magento LTD shall cease and be of no further force and effect between the parties, except that any obligations of the User to pay Studio Magento LTD for services rendered shall remain and continue to be an ongoing obligation owed by the User to Studio Magento LTD.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Studio Magento LTD, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (herein, collectively or individually, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned and controlled by Studio Magento LTD and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Bulgaria and international conventions. The Content and Marks are provided "As-Is" for User's information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Studio Magento's express prior written permission. Studio Magento LTD reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Studio Magento's ownership of submissions, as described in Paragraph 4 ("User Feedback"), all design and original source files created on User's behalf ("Projects") belong to the User, and the User shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Studio Magento LTD to become the owner of a Project, in whole or in part, rather than the User, Studio Magento LTD irrevocably and perpetually assigns its entire interest in the Project to the User, without limitation. The User warrants that any and all materials provided to Studio Magento LTD as examples or as material to be incorporated into a project during the design process are owned by the User and do not infringe on or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity. Studio Magento LTD reserves the right to share the User's design work publicly (on social media, website, etc.) unless otherwise agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Studio Magento LTD and require a commercial license for the User to legally reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), Studio Magento LTD will inform the User in writing that one or more Third-Party Fonts have been incorporated into the Project and that the User will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for the User to identify which licenses are required and who to contact to purchase said licenses. As long as Studio Magento LTD has informed the User of the incorporation of Third-Party Fonts as described above, the User assumes all responsibility for any consequences resulting from the User's failure to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By using the Website, the User represents and warrants that:
The User has the legal capacity and agrees to comply with these Terms of Use;
The User is not a minor in the jurisdiction of their domicile;
The User will not access the Website through automated or non-human means;
The User will not use the Website for any illegal or unauthorized purpose;
The User's use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
The User shall not access or use the Website for any purpose other than that for which the Website is made available. The Website may not be used in connection with any commercial endeavors except those related to the services provided by Studio Magento LTD to the User. Furthermore, the User agrees to refrain from the following:
Making any unauthorized use of the Website;
Retrieving data or content for the purposes of creating or compiling a database or directory;
Circumventing, disabling, or otherwise interfering with security-related features on the Website;
Engaging in unauthorized framing or linking of the Website;
Trick, defraud, or mislead Studio Magento LTD or other users;
Interfering with, disrupting, or creating an undue burden on the Website or Studio Magento's networks or servers;
Using the Website in an effort to compete with Studio Magento LTD;
Deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Website;
Bypassing any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;
Harassing, annoying, intimidating, or threatening any of Studio Magento LTD's employees, independent contractors, or agents providing services through the Website;
Deleting the copyright or other rights notice from any Content;
Copying or adapting the Website's software;
Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other material that interferes with any party's use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website;
Uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism;
Disparaging, tarnishing, or otherwise harming Studio Magento LTD;
Using the Website in a manner inconsistent with any applicable laws, statutes, or regulations.
6. User Feedback
The User acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a "Submission") shall be the sole property of Studio Magento LTD, and Studio Magento LTD is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Studio Magento LTD shall be the sole and exclusive owner of all rights related to the Submission, except to the extent that rights are granted to the User under Paragraph 2 ("Ownership of Materials"), and shall, at its sole and unrestricted discretion, use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to the User. The User agrees that they have the right to articulate and putforth the Submission, and the User hereby waives all claims and recourse against Studio Magento LTD for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
7. Management and Oversight
Studio Magento LTD reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Studio Magento LTD further reserves the right to restrict or deny access to the Website or disable the User's use of the Website. Such decisions shall be in the sole discretion of Studio Magento LTD, without notice or liability to the User. All decisions regarding the management of the Website shall be at the sole discretion of Studio Magento LTD and shall be designed to protect Studio Magento LTD's rights and property.
8. Privacy Policy
By using the Website, the User agrees to be bound by and abide by the Privacy Policy and the terms set forth therein and adopted and incorporated herein. The Website is hosted in Bulgaria. Access to the Website from other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of Bulgaria that govern personal data collection, use, or disclosure. The User's continued use of the Website and transfer of data to Studio Magento LTD constitutes express consent of the User to the transfer and processing of data in Bulgaria. Studio Magento LTD does not knowingly accept or solicit information from individuals under the age of 18. In accordance with Bulgaria's laws, upon receipt of actual knowledge that an individual under the age of 18 has provided personally identifiable information to Studio Magento LTD without parental consent, Studio Magento LTD shall delete that information as soon as reasonably practical.
9. Returns and Refunds
Studio Magento LTD reserves the right to deny refunds based on its own discretion and without notice or liability to the User. Refund requests are assessed on a case-by-case basis. If a refund is deemed appropriate, there will be a 25% fee assigned to the remaining billable period. Studio Magento LTD reserves the right to take appropriate legal action against the User for breach of this paragraph.
10. Modification
Studio Magento LTD reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. Studio Magento LTD reserves the right to modify or discontinue all or part of the Website without notice and without liability to the User.
11. Connection Interruptions
Studio Magento LTD does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond Studio Magento LTD's control. The User agrees that Studio Magento LTD shall not be liable to the User for any loss, damage, or inconvenience caused by the User's inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Bulgaria without regard to conflict of law principles.
13. Litigation
Any legal action, of whatever nature, shall be brought in the state courts of Bulgaria. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
14. Disclaimer
The Website is provided on an "as-is," "as-available" basis. The User agrees that its use of the Website and services is at the User's sole risk. Studio Magento LTD disclaims all warranties, express or implied, in connection with the Website and the User's use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Studio Magento LTD makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website, and Studio Magento LTD assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Studio Magento LTD's secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. Studio Magento LTD does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party, either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
15. Limitations of Liability and Indemnification
Studio Magento LTD, its directors, employees, members, independent contractors, or agents shall not be liable to the User or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or other damages or losses arising from the User's use of the Website. The User agrees to defend, indemnify, and hold harmless Studio Magento LTD and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of the User's representations and warranties set forth herein; (4) the User's violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Studio Magento LTD reserves the right, at the User's expense, to assume control and defense of any matter for which the User shall be required to indemnify Studio Magento LTD hereunder. The User agrees to cooperate with the defense of such claims.
16. User Data
The User is solely responsible for all data transmitted to or relating to any activity the User has undertaken using the Website. Studio Magento LTD shall have no liability to the User for any loss or corruption of any such data, and the User hereby waives any right of action against Studio Magento LTD from any such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
The User hereby consents to receive electronic communications from Studio Magento LTD, and the User agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. The User hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Studio Magento LTD or through the Website. The User hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
Studio Magento LTD reserves the right to share design work on digital channels, including social media, website, etc., unless otherwise agreed upon. The User reserves the right to issue an NDA between themselves and Studio Magento LTD, which would void the right of Studio Magento LTD to share or discuss the User's work publicly.
19. Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the User and Studio Magento LTD. Failure of Studio Magento LTD to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the User and Studio Magento LTD.
By using the Website, the User acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.