Terms and conditions

 

These General Terms and Conditions of Use (“Terms”) are entered into by and between you and Casstudio. In consideration of your use of and access to this Internet
site, CasStudio files downloaded to your desktop, and other websites and services on which these Terms are posted or expressly referenced (“CasStudio Services”),
and the promises and obligations herein, and intending to be legally bound, you and CasStudio hereby agree as follows:
 
Your access to and use of the CasStudio Services is subject to these Terms, which incorporate the separately posted Privacy Statement
and other policies, as well as any modifications to them issued by CasStudio and all applicable laws and regulations. If any of the CasStudio Services, set forth
separate or additional terms and conditions of use, privacy statement, or other policy (“Separate Terms”), then those Separate Terms as modified from time to time
shall apply in connection with your use of that CasStudio Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate
Terms shall govern. BY USING THE CasStudio SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS AND OTHER
APPLICABLE POLICIES. If you do not want to be bound by these Terms or policies, do not use the Casstudio Services.
 
Among other things, the Casstudio Services provide information concerning various products and services and the opportunity to obtain additional information
concerning those products and services or to purchase them. These Terms and the information provided by the Casstudio Services in no way override the terms and
conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the Casstudio Services
contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct
conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
1. Changes in Terms
 
Casstudio shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to
access to or use of the Casstudio Services. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means,
including without limitation posting the revised or additional terms and conditions on the Casstudio Services. You are responsible for reviewing these Terms periodically
for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any
modification by Casstudio to these Terms. ANY ACCESS OR USE OF THE Casstudio SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO
THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any
party other than Casstudio shall be valid or enforceable against Casstudio unless expressly agreed to by Casstudio in a writing signed by a duly authorized officer of
Casstudio.
2. Termination
 
These Terms are effective until terminated by Casstudio. Casstudio may terminate these Terms without notice and at any time in connection with any of the Casstudio
Services. In the event of termination, you are no longer authorized to access those Casstudio Services, and the restrictions imposed on you with respect to the
Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
 
Casstudio shall also have the right without notice and at any time to terminate some or all of the Casstudio Services or any feature or portion thereof, or any products or
services offered through them, or to terminate any individual’s right to access or use of the Casstudio Services or any feature or portion thereof.
3. Compliance with Laws
 
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Casstudio Services and your purchase of products or
services through them. You must be at least 18 years old to use the Casstudio Services.
4. Content
 
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Casstudio on or through the Casstudio Services, as well
as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.
 
The Content may contain errors, omissions, or typographical errors or may be out of date. Casstudio may change, delete, or update any Content at any time and
without prior notice. The Content is provided for informational purposes only and is not binding on Casstudio in any way except to the extent it is specifically indicated
to be so.
 
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Casstudio or by third parties
that have licensed their use to Casstudio. You may view and use the Content only for your personal information and for shopping and ordering on or through the
Casstudio Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Casstudio does
not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute
by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Casstudio Services, including
without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as
specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Casstudio, is strictly prohibited.
 
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
 
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please
provide the Casstudio copyright agent the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on a Casstudio website, including the Casstudio item number, if applicable;
• Your address, telephone number, facsimile number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner
or are authorized to act on behalf of the copyright or other intellectual property owner.
5. Linked Third Party Sites
 
Links to other Internet sites operated by third parties, including Casstudio vendors, do not constitute sponsorship, endorsement, or approval by Casstudio of the
content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Casstudio, and Casstudio is not responsible for the
availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your
convenience only, and you access them at your own risk.
6. Prices; Orders
 
All prices displayed in the Casstudio Services are quoted in appropriate currency. Casstudio may restrict delivery to some addresses. Casstudio will add shipping and
handling fees and applicable sales/use tax. Casstudio reserves the right without prior notice to discontinue or change specifications and prices on products and
services offered through the Casstudio Services without incurring any obligation to you. Products and services offered on this site are available while supplies last.
Descriptions of, or references to, products or services offered by the Casstudio Services do not imply endorsement of that product or service, or constitute a warranty,
by Casstudio.
 
The receipt by you of an order confirmation does not constitute Casstudio ‘s acceptance of an order. Prior to Casstudio ‘s acceptance of an order, verification of
information and approval of the order may be required. Casstudio reserves the right at any time after receipt of your order to accept or decline your order, or any portion
thereof, even after your receipt of an order confirmation from Casstudio, for any reason. Casstudio reserves the right to limit the order quantity on any item and to refuse
service to any customer without prior notification.
 
Because of various currencies, their conversation rates and rounding of the prices, there can be situations where the transformation of prices in different currencies can
results in slightly differences of the prices.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Casstudio shall have the right to refuse or
cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is canceled, Casstudio shall promptly issue a credit to your credit card account in the amount of
the incorrect price.
 
The risk of loss and title for all products purchased by you and shipped by Casstudio pass to you upon Casstudio ‘s delivery to the carrier for shipment. The risk of loss
and title for all products purchased by you and shipped directly by one of Casstudio ‘s vendors pass from such vendor to you upon such vendor’s delivery to the carrier
for shipment.
7. Disclaimer and Limitation of Liability as to the Casstudio.com Site and Content
 
Casstudio MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Casstudio SERVICES OR ANY LINKED SITE OR ITS
CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS,
OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. Casstudio ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR
USE OF THE Casstudio SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE Casstudio SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT
LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE Casstudio SERVICES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION
OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE Casstudio SERVICES. Please note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied
warranties.
 
UNDER NO CIRCUMSTANCES SHALL Casstudio, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT
OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE Casstudio
SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS
OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Casstudio IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Disclaimer and Limitation of Liability as to Products and Services
 
Casstudio wants you to be completely satisfied with your purchase through the Casstudio Services. If for any reason you are not entirely pleased with a product you
purchased through the Casstudio Services, simply return it within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the
same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many
products are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties may vary from
product to product.
 
ALL PRODUCTS AND SERVICES SOLD BY Casstudio ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE
MANUFACTURERS. ACCORDINGLY, Casstudio MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD.
EXCEPT AS EXPRESSLY STATED HEREIN, Casstudio EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO
PRODUCTS AND SERVICES SOLD THROUGH THE Casstudio SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above
exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
 
UNDER NO CIRCUMSTANCES SHALL Casstudio, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION
LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY
PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE Casstudio SERVICES, EVEN IF Casstudio IS EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL Casstudio ‘S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF
THE CLAIM.
9. Indemnification
 
You agree to defend, indemnify, and hold harmless Casstudio, Casstudio ‘s vendors, and their affiliates and related entities and their respective directors, officers,
employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs),
arising out of or relating to your breach of these Terms or your access to or use of the Casstudio Services. The foregoing indemnification obligation shall survive
termination of these Terms and the operation of the Casstudio Services or any product or service provided to you arising out of or relating to your use of the Casstudio
Services.
10. Submissions
 
Except as otherwise expressly provided herein or in Casstudio’s separately posted Privacy Statement, any communication or material you transmit to Casstudio
through the Casstudio Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio
files, essays, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Casstudio, Casstudio
vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and
posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by
law. Furthermore, Casstudio, Casstudio vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Casstudio through the Casstudio Services for any purpose whatsoever, including without limitation developing, manufacturing, and
marketing products or services using information contained in such communication.
12. Miscellaneous
 
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the
parties with respect to such subject matter. No waiver by Casstudio of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms
and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and
shall in no way affect the interpretation of the Terms.
Casstudio shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or
omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or
other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
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