TheFranswah Studio
Overview
This website is operated by TheFranswah Studio. Throughout the site, the terms “we”, “us” and “our” refer to TheFranswah Studio. TheFranswah Studio offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Online Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products Or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Optional Tools
We may provide you with access to third-party tools or software over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools or software ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools or software offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall {your company}, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless {your company} and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
Governing Law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of {your address}.
Changes To Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
Contact Information
Questions about the Terms and Conditions should be sent to us at {your email}.
Vendor Terms
If you choose to participate in the Website marketplace as a developer or designer, or as any person who uploads or contributes items, Websites, or services for sale or distribution through our Website (each a “Vendor”), you agree to the following terms governing your interaction with the Website as a Vendor.
Vendor is not an agent or employee of TheFranswah Studio and has no authority to bind TheFranswah Studio by contract or otherwise. Vendor will supply all tools and instruments and any other materials and services required to sell any items through or on our Websites. Vendor will perform the Services in such a manner that at all times, such Services comply with applicable law.
Payment
Subject to the terms and conditions of this Agreement, regarding the sale of any item on our Websites, you shall retain 95% – $0.30 of the total sale price (the “Revenue Share”), with the remainder of the sale price, 5% + $0.30, retained by us. By your use of the site you agree that this percentage allocation is good and valuable consideration for our effort to create, develop, maintain, and host the Website and provide you with a platform to sell items on our Website. This Revenue Share is subject to change by us at any time, and additional Revenue Share models may be available to certain Vendors in our sole discretion. Vendors that agree to exclusively sell items on our Websites may receive additional Revenue Share or a different Revenue Share model, in our sole discretion.
We will remit your Revenue Share within approximately thirty (30) days of receiving payment for any sold item through the Website.
Employment Taxes and Benefits. Vendor will report all compensation received by Vendor pursuant to this Agreement. Vendor will indemnify TheFranswah Studio and Client and hold it harmless from and against all claims, damages, losses and expenses, including reasonable fees and expenses of attorneys and other professionals, relating to any obligation imposed by law on TheFranswah Studio or Client to pay any withholding taxes, social security, unemployment or disability insurance, or similar items in connection with compensation received by Vendor pursuant to this Agreement. Neither Vendor, nor any employee or independent contractor of Vendor will be entitled to receive any vacation or illness payments, or to participate in any plans, arrangements, or distributions by TheFranswah Studio pertaining to any bonus, stock option, profit sharing, insurance or similar benefits for TheFranswah Studio’s or employees. Vendor agrees to indemnify, defend and hold TheFranswah Studio harmless from and against any claims or demands made by any employee or contractor of Vendor claiming an entitlement to any compensation or benefits.
Liability Insurance. Vendor will maintain adequate insurance to protect Vendor from the following: (i) claims under workers’ compensation and state disability acts; (ii) claims for damages because of bodily injury, sickness, disease or death that arise out of any negligent act or omission of Vendor; and (iii) claims for damages because of injury to or destruction of tangible or intangible property, including loss of use resulting therefrom, that arise out of any negligent act or omission of Vendor in performing the Services hereunder.
Manner of Performance. TheFranswah Studio will provide no direction to Vendor as to the manner of performing any services or developing or selling an item through or on our Websites. Vendor will determine, in Vendor’s sole discretion, the manner and means by which all services are accomplished, subject to the requirement that Vendor shall at all times comply with applicable law. TheFranswah Studio has no right or authority to control the manner or means by which the Services are accomplished. Vendor will supply all tools and instruments and any other materials required to perform the Services.
Intellectual Property
Any material or information produced under by you in relation to the Websites shall be of original development or licensable by you, as the case may be, and all such material and information shall not infringe or violate any U.S. patent, copyright, trade secret, trademark, or other third-party U.S. intellectual property right, and you shall perform all services in relation to the Website or any User on a professional best efforts basis in a workmanlike and expeditious manner.
Definition of Innovations. All inventions, Websites, designs, drawings, notes, documents, information, documentation, improvements, works of authorship, processes, techniques, know-how, algorithms, technical and business plans, specifications, hardware, circuits, computer languages, computer programs, databases, User interfaces, encoding techniques, and other materials or innovations of any kind that Vendor may make, conceive, develop or reduce to practice, alone or jointly with others, in connection with performing services related to your use of the Website, whether or not they are eligible for patent, copyright, mask work, trade secret, trademark or other legal protection (“Innovations”).
Vendor Ownership of Innovations. Unless an item or project is a custom job or item specifically requested by a User of the Website and coordinated through TheFranswah Studio (“Custom Work”), Vendor and TheFranswah Studio agree that, to the fullest extent legally possible, all Innovations relating to any item sold through or on the Websites shall be owned by you and shall be your sole property.
If any work is designated as Custom Work, Vendor and TheFranswah Studio agree that, to the fullest extent legally possible, all Innovations shall be owned by the specific User of the Website requesting such Custom Work, as applicable (for the purposes of this Section, all references to TheFranswah Studio’s ownership of all Custom Work Innovations shall also apply to the User of the Website requesting such Custom Work). Vendor hereby irrevocably transfers and assigns to TheFranswah Studio, and agrees to irrevocably transfer and assign to the User, all right, title and interest in and to the Custom Work Innovations, including all worldwide patent rights (including patent applications and disclosures), copyright rights, mask work rights, trade secret rights, know-how, and any and all other intellectual property or proprietary rights therein (collectively, “Intellectual Property Rights”).
Moral Rights. Vendor also hereby irrevocably transfers and assigns to the User, and agrees to irrevocably transfer and assign to the User, and waives and agrees never to assert, any and all Moral Rights (as defined below) that Vendor may have in or with respect to any Custom Work Innovations, during and after the term of this Agreement. “Moral Rights” mean any rights to claim authorship of any Custom Work Innovation, to object to or prevent the modification or destruction of any Custom Work Innovation, to withdraw from circulation or control the publication or distribution of any Custom Work Innovation, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, regardless of whether or not such right is called or generally referred to as a “moral right.”
Related Rights. To the extent Vendor owns or controls (presently or in the future) any patent rights, copyright rights, mask work rights, trade secret rights, or any other intellectual property or proprietary rights that block or interfere with the rights assigned to the User under this Agreement (collectively, “Related Rights”), Vendor hereby grants or will cause to be granted to the User a non-exclusive, royalty-free, irrevocable, worldwide license to make, have made, use, offer to sell, sell, import, copy, modify, create derivative works based upon, distribute, sublicense, display, perform and transmit any Websites, software, hardware, methods or materials of any kind that are covered by such Related Rights, to the extent necessary to enable the User to exercise all of the rights assigned to the User under this Agreement.
Rights
Proprietary Rights Owned by Us. You expressly agree to respect our proprietary rights in all components comprising the Website. Proprietary rights include, but are not limited to, any patents, trademarks, service marks, copyrights, trade secrets, trade names, and any other intellectual property.
Proprietary Rights Owned by You. You represent and warrant that you either own or have permission to use all of the material you enter into the Website, including but not limited to, your brand, inventory, content, designs, graphics, photographs, videos, messages, and all other information you enter into the Website.
You will not access or utilize this Website in any way in any of the following countries (or access or utilize any internet service provider (“ISP”) that originates from or routes through any of the following countries in any way: North Korea, Chad, Libya, Iran, Mali, Somalia, South Sudan, Mauritania, Yemen, Syria, or any other country designated by the United States as a state sponsor of terrorism, or any other country or region that we may determine from time to time, in our sole discretion, to be prohibited from accessing the Website.
All sales, use, and other tax information are estimates only, may not be accurate, and should not be relied upon for any purpose. You are responsible for the payment of all local, provincial, state, and federal taxes, and should consult a tax professional when calculating your taxes.
As a Vendor, (in additional to all other Terms of Service), you agree and covenant not to:
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- Create any headquarters, office locations, or rent buildings on behalf of us or in relation to our Websites or brand.
- Represent yourself as an employee or representative of us in any way.
- Hire employees, contractors, or subcontractors to perform any services relating to your use of our Website(s).
- Create or maintain any payroll based on your use of our Website(s).
- Enter into any contracts, understandings, or agreements on behalf of us.
- Enter into loan agreements on behalf of us.
- Abide by the Terms of Service at all times.