TERMS OF SALE FOR DIGITAL PRODUCTS
PLEASE READ CAREFULLY.
LAST UPDATED 09 NOVEMBER 2019.
These Terms of Sale for Digital Products (“Terms”) set out the terms and conditions between you, the customer, and Lind Studios (“us”, “we”), and governs your use of and access to the Lind Studios digital products (“Digital Products”) which refers to digital offerings primarily consisting of the lind-studios.com website (the “Site” or “Website”), and email service offering industry information and other publications. Your use and access of our Digital Products constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use the Website or purchase, download or use any of our Digital Products.
2. LICENSE AND USE
2.1 Your purchase of any of our Digital Products constitutes our granting to you of a non-exclusive, revocable, non-transferable, non-assignable license to download and access the Digital Products purchased for private, non-commercial use only. You agree not to copy, sell, resell, share, rent, lease, loan, edit, adapt, modify, sublicense, redistribute or otherwise assign to any third party any of your rights or licenses to access the Digital Products purchased.
2.2 You agree not to use any of our Digital Products in a way that may be detrimental to us or damage our reputation or take advantage of it. Any breaches of these terms will be pursued to the full extent of the law.
3. PAYMENTS, REFUNDS AND CANCELLATIONS
3.1 Digital Product can be purchased with a major credit card or PayPal. Only major credit cards and Paypal are eligible for payment.
3.2 If your payment is unsuccessful for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts.
3.3 Payments for Digital Products are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. Any refund or credit issued by us does not constitute an obligation to issue the same or similar refund or credit in the future.
4. DOWNLOADING AND RISK OF LOSS
4.1 Once a Digital Product has been purchased, you are encouraged to download it immediately. The customer bears the risk of loss after purchase including any loss due to a computer or hard drive crash.
5. CHANGES TO DIGITAL PRODUCTS
5.1 Lind Studios reserves the right to modify the content, type and availability of any Digital Product at any time.
5.2 Lind Studios reserves the right to terminate its Digital Products at any time.
5.3 If Lind Studios temporarily reduces or eliminates the charge for Digital Products that you had already paid for, you will not receive a refund.
6. INTELLECTUAL PROPERTY
6.1 You understand and agree that the Digital Products and the contents thereof are the intellectual property of Lind Studios or its licensors and the misuse of such intellectual property is strictly prohibited.
6.2 You further understand and agree that nothing in these Terms shall constitute a sale or transfer of title or ownership from Lind Studios to you of any rights in and to the Digital Products. You shall not infringe on Lind Studios' or any third party’s intellectual property and will not modify, copy, republish, frame, distribute, communicate or otherwise use any part of the Digital Products in a way which will infringe the intellectual property or other rights of Lind Studios or any third party.
7.1 By purchasing Digital Products, you consent to receive disclosures, statements, receipts, agreements, policies, confirmations, notices, transaction information, other communications, and changes and updates to any such documents electronically (collectively the “Electronic Communications”). We will provide these Electronic Communications primarily to the email address provided by you upon purchasing the Digital Products.
7.2 It is your responsibility to ensure you provide a valid, up to date, email address. You agree that Electronic Communications sent to a primary email address that is incorrect, out of date, blocked by your service provider, or cannot be received due to your failure to maintain the system requirements, will be deemed to have been provided to you.
8. CHANGES TO THE TERMS OF SALE FOR DIGITAL PRODUCTS
8.1 Lind Studios reserves the right at its sole discretion, to change the Terms of Sale for Digital Products from time to time. The revised Terms will be posted on the Website and will become effective immediately upon posting such changes on the Site.
9.1 YOU AGREE AND ACKNOWLEDGE THAT THE DIGITAL PRODUCTS INCLUDING YOUR USE OF AND ACCESS TO THE DIGITAL PRODUCTS IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. REFERENCES TO CORPORATIONS, THEIR SERVICES, AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
9.2 YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, LIND STUDIOS IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF LIND STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL LIND STUDIOS' CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE DIGITAL PRODUCT YOU HAVE PURCHASED FROM LIND STUDIOS.
10.1 These Terms constitute the final and entire agreement between you and Lind Studios with regards to the Digital Products and supersedes all prior agreements whether in writing, oral, implied or otherwise.
10.2 These Terms, your acceptance thereof, and our relationship with you shall be governed by Malaysian law.
You may contact us at contact (at) lind-studios (dot) com