Terms & Conditions
Introduction
By using 360 Art Studio and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the 360 Art Studio service. By placing any order with 360 Art Studio you agree to all our terms and it is your responsibility to read our terms. 360 Art Studio may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to 360 Art Studio and all text, images, photographs, user interface, "look" and "feel", data and other content included at 360 Art Studio from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service". You acknowledge and agree that 360 Art Studio shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that 360 Art Studio. may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of 360 Art Studio its users and the public.
Company Introduction
360 Art Studio is a digital agency established to provide commercial and artistic solutions to the industry. 360 Art Studio offers its customers various solutions that will allow them to showcase their services to their customers in the best possible light and helping to achieve success in their field. 360 Art Studio services include commercial photography, arts, silk screening, graphic designing, portraits and architecture designing.
360 Art Studio. Services Generally
(a) Description.
360 Art Studio is digital agency where individuals or entities that have signed up with 360 Art Studio as clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design service experts retained by 360 Art Studio ("Members"). 360 Art Studio will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(e) below. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.
(b) Creative Brief and Responses.
You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. 360 Art Studio is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. 360 Art Studio may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.
(c) Reviewing Responses.
When 360 Art Studio provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform 360 Art Studio that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify "our brand name" that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide 360 Art Studio with a Revision Brief, 360 Art Studio will provide you with a subsequent Response that conforms to the additional criteria you requested. 360 Art Studio is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.
(d) Revision Cycles.
Revision cycles generally consist of unlimited additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; 360 Art Studio reserves the right to charge $50 for each such Revision. No revision work, which requires payment, will be started without your authorization.
(e) Client Accounts.
When you register for the Service, you must pay for the Service via credit card, paypal, check, bank wire or other payment method authorized by 360 Art Studio. You will be charged for the Package as discussed by the account manager along with and additional products and/or services. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. 360 Art Studio will email you a receipt for the transactions in which you are involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before 360 Art Studio implements any such change in fees.
POLICY
I. Money Back Guarantee is valid till 30 days of order placement, provided that other terms are applied.
In result of unsatisfactory service, you can claim your refund via three modes i)Toll Free 623-225-6540
ii) Live Chat
I. If you are not satisfied with the initial Responses provided by 360 Art Studio, there is no refund if your project moves to round two of alterations. You may request a refund by completing the Refund Request form, which will be provided to you upon request. Upon timely receipt of the request, 360 Art Studio will refund the total payment made by you, less a service and processing fee of 10% on package amount.
II. In case of refund approval, client will get his amount credited back within next 6-7 Business Days.
III. We won't entertain or refund any orders if the client stays non-responsive for 45 Days however, client can send us an email to hold the project if there is some personal issue. Also if the client is unresponsive for more than 60 Days then the client has to pay an extra caution fee i.e. $150 for re-initiating the project.
IV. Furthermore, customer shall forfeit the right to the refund outlined above if customer request additional revisions (1 or more changes regardless of the complexity) or modifications to any of the initial concepts. You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from 360 Art Studio.
V. Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.
VI. In case of finalizing one part of the order the customer won't be eligible for a refund for the rest of the remaining package.
*The following terms and conditions are applicable on specific services purchased by the client and provided by 360 Art Studio.
Refund Policy
I. If artworks are sent in time, and made of complete specs. No refund applicable.
II. If quality of artwork is up to the mark, and client provides revisions. No refund applicable.
III. If initial specs are less, but artworks have to be sent due to urgency. No refund applicable.
IV. If client has many revisions done, and later on asks for refund for not a good reason. No refund applicable.
V. If client has high quality work done, and later on changes mind. No refund applicable.
VI. If client is having a revision done on and then asks for new samples, and if they are not up to their expectations, they ask for a refund. No refund applicable.
VII. If final files have already been sent to client. No refund applicable.
VIII. If client does not provide complete specs initially, he should be asked to provide more details, instead of processing refund.
IX. 15 days after placing the order, client is not eligible for a full refund.
Zero Tolerance Spam Policy
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice (with a no-refund policy).
Illegal Material
This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material
Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of 360 Art Studio.
Spam
360 Art Studio has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of “spam” related activity. We define UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender. We define spam as any type of unsolicited email used for any purpose. This includes, but is not limited to: ● Using a non-existent return email address when sending commercial solicitations. ● Mail-bombing (sending numerous messages to the same user). ● Subscribing someone else to a mailing list without that person’s permission. ● Posting the same article to multiple newsgroups. ● Using another network to send spam that relates in any way to www.boundlesstech.net or any site hosted by www.boundlesstech.net (including your site). ● If a client is found in violation of the above no-spam policy, the offending account will be terminated without notice and no refund will be issued.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold 360 Art Studio harmless from all liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against 360 Art Studio, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless 360 Art Studio against liabilities arising out of; ● Any injury to person or property caused by any products sold or otherwise distributed in connection with 360 Art Studio server ● Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party ● Copyright infringement ● Any defective products sold to customer from 360 Art Studio server.
Refund Policy For Film / Video Production
I. Client won’t be eligible for a refund after the theme is approved.
II. Client won’t be eligible for a refund if the client expresses dissatisfaction over the style after the theme has been approved.
III. Client won’t be eligible for a refund after the storyboard has been approved by him/her.
IV. Client won’t be eligible for a refund if the client has asked for extensive revisions in any phase of the project.
V. Client won’t be eligible for a full refund, if after expressing satisfaction in a given phase or during a phase. The client may or may not however, be eligible for a partial refund based on the amount of hours worked upon that phase.
VI. In case of a project with a drop-deadline, the client won’t be eligible for a refund if he/she fails to respond within the time period or is slow with the feedback due to which the deadline is missed.
VII. Client won’t be eligible for a refund if he/she has been provided with the final video WITHOUT a watermark.
VIII. It should be noted by the client that if he/she has requested for two versions of the storyboard for one project, then that more or less covers the full cost of the project.
Disclaimers; Indemnification; Limitations Of Liability
(a) Responsibility for Content.
360 Art Studio shall not be responsible for any use that is or is not made of the Service. Without limiting the foregoing, 360 Art Studio makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, 360 Art Studio or otherwise, nor does 360 Art Studio endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, 360 Art Studio makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions.
You acknowledge that any reliance on information or other material, including, without limitation, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. Photos/Images: 360 Art Studio shall not be responsible for any use of photos that are not royalty free.
(b) Links to Third-Party Services.
The Web Site may contain links to third-party web sites or other services (the "Linked Content"). The Linked Content is not under the control of 360 Art Studio and 360 Art Studio is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. 360 Art Studio is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by 360 Art Studio of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties.
THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." 360 Art Studio MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. "our brand name" DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 360 Art Studio DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL
• WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
• WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS;
• WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY 360 Art Studio OR ANY THIRD PARTY.
FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(d) Release from Claims.
The Service serves solely as a venue for the creation of work and 360 Art Studio does not regularly screen or censor any information or material posted to the Web Site. Although 360 Art Studio makes commercially reasonable efforts to determine the identity of Clients, 360 Art Studio cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have.
(e) Indemnification.
You hereby agree to defend, indemnify and hold harmless 360 Art Studio and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.
(f) Limitation of Damages.
IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF 360 Art Studio OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. 360 Art Studio ' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO 360 Art Studio FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
Eligibility, Access, Use And Service
(a) Eligibility Requirements.
To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions and 360 Art Studio privacy policy, and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. 360 Art Studio may accept or reject your registration in its sole discretion.
(b) Authorization to Use; Permitted Uses.
You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may I. display the Web Site on an Internet access device, and II. on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under United States copyright law, print copies of insubstantial portions of the Web Site.
(c) Prohibited Uses.
Except as expressly permitted in these Terms and Conditions, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and with such further limitations or rules as may be set forth on the Web Site. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that is copyrighted, unless you are the copyright owner; reveals trade secrets, unless you own them; infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; is sexually- explicit; Constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; delete or revise any material or other information of any other user of 360 Art Studio take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site; use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from 360 Art Studio on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.
Ownership Rights To Use
(a) Web Site and Service Generally.
Except as expressly contemplated under these Terms and Conditions, as between 360 Art Studio and you, 360 Art Studio will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under American and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of 360 Art Studio ., including "360 Art Studio .", without the prior written consent of 360 Art Studio , as determined in its sole discretion, for each such use.
(b) Creative and Response Briefs.
Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), 360 Art Studio and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.
(c) Rights of 360 Art Studio.
Upon your submission of Client Information to the Service, you grant 360 Art Studio a royalty-free, perpetual, irrevocable, sub-licensable , exclusive, worldwide right (including any moral rights) and license to use, reproduce, , adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.
(d) Rights of Clients.
Subject to your compliance with these Terms and Conditions, you shall own the final the Response composition provided to you by 360 Art Studio. (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and 360 Art Studio expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to 360 Art Studio a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the 360 Art Studio Service. 360 Art Studio retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions. You hereby acknowledge that 360 Art Studio shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that 360 Art Studio shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall 360 Art Studio be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
Non-Disclosure And Privacy
360 Art Studio. intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed from time to time at 360 Art Studio ' sole discretion. Notwithstanding the foregoing, 360 Art Studio cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.
This Agreement
Any questions concerning these Terms and Conditions should be directed to:
360 Art Studio
34-44 London Road, Morden, England, SM4 5BX
Contact Us: If You have any questions regarding the Terms and Conditions please feel free to contact us via phone, email, or postage.
