TERMS OF USE

LIND STUDIOS WEBSITE TERMS OF USE.

PLEASE READ CAREFULLY BEFORE USING THIS SITE.


LAST UPDATED 09 NOVEMBER 2019.


1. INTRODUCTION

Welcome to lind-studios.com (The "Site" or "Website").

Your access and use of the Site, is subject to the following terms and conditions and all applicable laws. By accessing the Site, and/or by placing an order, you accept without limitation or qualification this Terms of Use Agreement. Please read and review the following terms and conditions carefully.

Your use of (a) the Website; and (b) the products, services, content, applications, tools, data, documents and information available through the Website (and/or any other electronic mode including by way of email, and/or messaging apps) ("Products and Services") is subject to (i) Lind Studios' Privacy Policy ("Privacy Policy"); (ii) Cookie Policy; and (iii) any other agreements and terms and conditions entered into with Lind Studios, including offline agreements (collectively "Agreements").


2. ELIGIBILITY

2.1 To use the Site, you must be

(1) at least 18 years of age; and

(2) fully able and competent to comprehend and accept this Terms of Use Agreement.

We may, in our sole discretion, refuse to offer the Products and Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Products and Services is revoked where these Terms of Use or use of the Products and Services is prohibited or to the extent offering, sale or provision of the Products and Services conflicts with any applicable law, rule or regulation. Further, the Products and Services are not offered for the use or benefit of any third party.


3. TRADEMARKS, CONTENT, AND USER CONTENT

3.1 All names, trademarks, logos and service marks, including but not limited to the "LIND STUDIOS" mark and the sparkle logo (collectively the "Trademarks") displayed on the Site, are Trademarks owned by Lind Studios, except as otherwise noted. This includes the entire content of the Site including all brand identities, characters, graphics, photographs, artwork, designs, text, sounds, music, look and feel, (collectively the "Content") which are copyrighted and protected as a collective work. You are granted no right or license with respect to any of the aforesaid trademarks and/or content. The use or misuse of these trademarks and/or content on this Site, except as provided in this Terms of Use Agreement, is strictly prohibited.


3.2 All content created, added, uploaded, submitted, distributed, communicated or posted on the Website by the users and/or by Lind Studios on behalf of the users (collectively "User Content"), is the sole responsibility of the user/person who originated such user content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services, is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any User Content you access on or through the Services is or will continue to be accurate. Lind Studios does not and will not claim any ownership over or rights to User Content other than a license to use and display it in terms hereof


3.3 Your use of the Site is limited to personal and non-commercial use only unless other uses are granted expressly to you. You may not reproduce, download, upload, copy, distribute, modify, transmit, reuse, re-publish, post, translate, or otherwise use the Trademarks and/or Site Content in any manner for public or commercial purposes without the express written permission of Lind Studios or such Third Party that may own the Trademarks and/or Content displayed on the Site.


3.4 You may use information on Lind Studios's products and services (such as catalogs and marketing materials) purposely made available by Lind Studios for downloading from the Site, provided that you

(1) not remove any proprietary notice language in all copies of such documents,

(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,

(3) make no modifications to any such information, and

(4) not make any additional representations or warranties relating to such documents.


Use of the Trademarks and/or Content otherwise than in accordance with this Terms of Use Agreement, will expose you to claims for infringement of the intellectual property rights of Lind Studios and/or of Third Parties.


4. PRODUCTS AND SERVICES

4.1 Products and Services displayed on the Site may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable terms and conditions such as sales restrictions or key specific notes for further information.


5. USE OF THE SITE

5.1 You may not use the Site and/or any Trademarks and/or any Content for any purpose that is unlawful or prohibited by this Terms of Use Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Lind Studios or others.


5.2 You agree not to link to the Site in any manner that damages Lind Studios' reputation or take advantage of it and/or to suggest any form of association, approval or endorsement from Lind Studios. Lind Studios reserves the right to withdraw linking permission without notice.


5.3 You agree not to use any device, software, instrument or mechanism to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site.


5.4 You agree not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure such as the Site's servers, or Lind Studios' system or networks or any systems of networks connected to the Site or to Lind Studios.


6.5 You agree not to use any device, software, instrument, mechanism or any action that violates the security of the Site, or engage in any other conduct that exposes us or any of our users to any liability or potential harm.


6.6 Lind Studios reserves the right to terminate your access to the Site at any time for any reason without notice.


6.7 Additional restrictions on the use of this Site are set forth in other provisions of this Agreement.


7. ACCOUNT AND PASSWORDS

7.1 Our Site may provide you with the ability to select a username, password, or other codes or devices ("Passwords") upon completing a registration process for a service provided through the Site such as making a purchase. You are entirely responsible for maintaining the confidentiality of your Passwords and for all activities that occur under your account, including without limitation, any unauthorized use of your password or account.


7.2 You agree to (i) immediately notify Lind Studios of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each session.


7.3 You further agree not to use anyone else’s Passwords on the Site or to attempt to gain access to anyone else’s account. Lind Studios cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.


7.4 Lind Studios reserves the right to immediately terminate your account in our sole discretion and without prior notice to you, including, for example, if you violate any part of this Terms of Use Agreement.


8. SITE TRANSACTIONS

8.1 All orders are subject to availability and confirmation of the order price.


8.2 Lind Studios reserves the right to decline or cancel orders at any time. We may, in our sole discretion, limit or cancel quantities purchased per person, per business 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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.


8.3 We assume no responsibility for issues resulting from such declines, cancellations, or email notification failure.


8.4 Lind Studios reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized resellers or distributors.


9. COMMUNICATIONS

9.1 Except for any disclosure by you for technical support purposes, or as specified in our Privacy Policy, all comments, information, feedback, opinions, statements and ideas regarding Lind Studios, our products and/or services that you provide at the Site ("Communications") shall be deemed non-confidential and non-proprietary.


9.2 All Communications that you communicate to Lind Studios will be deemed, at the time of communication to Lind Studios, the property of Lind Studios, and Lind Studios shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Communication in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations.


9.3 Lind Studios reserves the right, at its sole discretion, to edit any Communications and to choose to include or not include such Communication on the Site or otherwise use the Communication. The Site may include the opinions, statements and other content of third parties. Lind Studios is not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any Communications made by third parties through the Site are those of such third parties and not of Lind Studios, and Lind Studios does not endorse any such opinions, statements, or materials.


9.4 You agree not to use the Site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.


9.5 You acknowledge and agree that Lind Studios has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Communications.


10. THIRD PARTY SITES AND MATERIALS

10.1 The Site may contain links to websites and resources controlled by parties other than Lind Studios, who may provide goods and/or services and whose websites may link to our Site ("Third Party Site(s)"). Such links are provided to you only as a convenience, and the inclusion of any link does not constitute an endorsement or recommendation by Lind Studios of the Third Party Site. Lind Studios is not responsible for and does not endorse or accept any responsibility for the availability, contents, materials, advertising, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. You acknowledge sole responsibility for and assume all risks arising from your interaction with any Third Party Sites.


11. LIND STUDIOS' RIGHT TO MAKE CHANGES

11.1 Lind Studios reserves the right to make changes, corrections, cancellations and/or improvements to the Site, its contents, products, services and programs described therein at any time, without notice, including after confirmation of a transaction.


11.2 Lind Studios reserves the right, at its sole discretion, to change this Terms of Use Agreement from time to time.


11.3 The revised Terms of Use Agreement will become effective immediately upon posting such changes on the Site and your continued use after such change(s) take effect will be deemed to constitute your acceptance of and agreement to the new Terms of Use Agreement. If any change to this Terms of Use Agreement is not acceptable to you, your only remedy is to stop accessing and using the Site.


12. DISCLAIMER OF WARRANTIES

12.1 We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (i) which users gain access to the Products and Services; (ii) what Content you access via the Products and Services; or (iii) how you may interpret or use the Content.


12.2 While Lind Studios makes every effort to include accurate and up to date information on the Site, it makes no warranties or representations of any kind, either express, implied or statutory with respect to the content of the Site, which is provided "as is" and on an "as available" basis.


12.2 Any materials, information or content accessed, downloaded or otherwise obtained through the use of the Lind Studios Site is done at your own risk and Lind Studios is not responsible for any damage to your computer systems or loss of data that results from the download of such material.


12.3 To the fullest extent permitted by applicable law, Lind Studios disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability or compatibility or arising from course of dealing or course of performance.


12.4 Lind Studios does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the Lind Studios Site or the information or results obtained from use of the Lind Studios Site, or that the Lind Studios Site will be available at all times, or is virus-free or error-free.


12.5 Lind Studios disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any Lind Studios products and/or services. You assume total responsibility for your use of the Site and any Third Party Sites. Your sole and exclusive remedy against Lind Studios for dissatisfaction with the site or any content is to discontinue using the site or any such content.


13. LIMITATIONS ON LIABILITY

13.1 LIND STUDIOS'S MAXIMUM LIABILITY AND/OR RESPONSIBILITY TO YOU FOR ALL CLAIMS INCLUDING BUT NOT LIMITED TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO LIND STUDIOS FOR ANY PRODUCTS AND/OR SERVICES, FOR WHICH WE ARE THE ACTUAL PROVIDERS, WHICH YOU PURCHASED AND PAID FOR THROUGH THIS SITE. WITH RESPECT TO PRODUCTS AND/OR SERVICES ON THE SITE FOR WHICH WE ARE NOT THE ACTUAL PROVIDERS OF SUCH PRODUCTS AND SERVICES, WE DISCLAIM ANY AND ALL LIABILITY RELATING TO THEM. SHOULD YOU HAVE ANY ISSUES WITH SUCH PRODUCTS AND/OR SERVICES, YOU AGREE THAT YOUR SOLE RECOURSE IS WITH THE MERCHANT AND/OR SERVICE PROVIDER WHO PROVIDED SUCH PRODUCTS AND/OR SERVICES AND NOT WITH US.


14. INDEMNITY

14.1 By using the Site, you agree to release and hold harmless Lind Studios, its officers, directors, employees, shareholders, agents, subsidiaries and affiliates from any and all claims, demands, damages, costs and expenses of any kind whatsoever (including attorneys’ fees) relating in any way to your access to, or use of, the Site or any materials downloaded from this Site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services, applications or features, even if advised of the possibility of such damages or losses. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.


15. ASSIGNMENT

15.1 Lind Studios may assign or transfer this Terms of Use Agreement, in whole or in part, without restriction.


16. VIOLATIONS

16.1 Lind Studios reserves the right to pursue any and all legal and equitable remedies against anyone violating this Terms of Use Agreement including but not limited to terminating access to the Site.


16.2 Lind Studios may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.


17. WAIVER

17.1 Lind Studios’ failure to exercise or enforce any rights or any provision of the Terms of Use Agreement will not constitute a waiver of such right or provision.


18. SEVERABILITY

18.1 The invalidity of any term, condition or provision of this Terms of Use Agreement shall not affect the enforceability of those portions of the Terms of Use Agreement deemed enforceable by applicable courts of law.

Contact


You may contact us at contact (at) lind-studios (dot) com