Spacey Studios: Terms of Use

Effective: August 3, 2018


Welcome to Spacey Studios. By using this website, digital and mobile versions, and social pages and platforms (each a “Site”) and services (“Services”) offered by Spacey Studios LLC, (“Spacey Studios” or “we,” “us,” or “our”), you’re agreeing to these legally binding rules (the “Terms”). These Terms of Use supersede any prior Terms of Use and apply to all visitors, customers, donors, artists, vendors, investors and others who use or access the Site (collectively “Users”). We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, and by continuing to use the Site after we post any such changes, you accept the Terms of Use as modified. Some of the Services may be subject to additional terms and conditions we specify from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference. This Agreement applies to all users of the Site. By using the Site, you’re also agreeing to our PRIVACY POLICY.

 

Payments:

You agree to provide accurate and up-to-date payment information at the time you order any Product, and to have sufficient funds or credit available upon placement of any such order to ensure that the purchase price will be collectible by us. We have contracted with a third-party payment processor to facilitate purchases made on the Site, which requires that you provide your payment details and some additional, personal information to complete your order. For your protection, our payment processor uses various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize it to verify and authenticate your payment information. We are not responsible if your card issuer declines to authorize payment for any reason. We are not responsible for any online handling fees from your card issuer.

- Donations: If you use any Donation Service (“Donation Service”), Users acknowledge that they are submitting payment directly to Spacey Studios. Spacey Studios agrees to use this payment for business-related. It’s at the sole discretion of Spacey Studios what the money is used for within the business (i.e. artist payments, manufacturer, shipping costs, etc.). We do not provide refunds or reimbursements for donations.

- Pricing: Unless otherwise specified, prices quoted are exclusive of value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes as such costs are specified by us when you submit your order.

- Service Information: We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us.

- Processing: We reserve the right, at our sole discretion, to not process or to cancel any orders placed for a ???. If this occurs, we will notify you by email and cancel the item from your order.

 

Use of the Site:

- Content: The Site contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, display, sell, transfer, assign, license, sublicense, or modify, or reproduce the content without our prior written consent for any public or commercial purpose. If you violate any part of this Agreement, your right to access and/or use the Content and Site shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

- Trademarks: The trademarks, service marks, and logos of Spacey Studios (the “Spacey Trademarks”) and those of used in connection with the Services are registered and unregistered are marks of Spacey Studios. Other company, product, and service names used in connection with the Services may be marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Spacey Trademarks, the “Trademarks”). Nothing on the Site, in the Services or in this Agreement should be construed as granting any right to use any Trademark. Use of any Spacey Trademarks as part of a link to or from any website is prohibited without our prior written consent. The Trademarks may not be used to disparage or damage any goodwill to us or any applicable third party. All goodwill generated from the use of any Spacey Trademark shall inure to our benefit.

 

Registration:

To use certain portions of the Site, you are not required to sign up for an Account (“Account”). However, certain features of the Site require you to register for an Account. To create an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. When registering for an account, you must provide accurate and complete information and keep your Account information updated. You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone’s used your account without your permission, you must report it to hi@spaceystudios.com. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. If you don’t follow these rules, we reserve the right to cancel your account.

Rules of conduct:

There are rules of conduct that all Users are required to follow when using the Site: Don’t take any action that infringes, violates, or victimizes other people, including threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or legal behavior. Don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent. Don’t violate any of Spacey Studios’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation. You also agree not to: (a) take any action that imposes an unreasonable load on the Site’s infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site; (d) delete or alter any material we or any other person or entity posts on the Site; or (e) otherwise take any action in violation of our guidelines and policies.

Disclaimer of Warranties.

Our Services are available solely at User’s own risk. They are provided to“as is” and “as available” and without warranty of any kind, express or implied. Spacey Studios specifically disclaims any and all warranties and conditions of merchantability, non-infringement, and fitness of a particular purpose, and any warranties implied by any course of dealing course of performance, or usage of trade. No advice of information (oral or written) obtained by you from Spacey shall create any warranty.

Limitation of Liability:

Spacey Studios shall not be liable for any damages, in particular Spacey Studios shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any dispute regarding any Service offered and/or sold on the Site, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Spacey Studios has been advised of the possibility of such damages.

Indemnification:

User agrees to indemnify and hold Spacey Studios, and each and all of our past, present or future direct and indirect parents, subsidiaries, divisions, affiliates, officers, directors, employees, agents, representatives, attorneys, successors, receivers, insurers, guarantors, related companies, interest holders, members, partners, beneficiaries and assigns, harmless from any claims, damages, demands or liabilities including attorneys’ fees and costs, arising in any way from your purchase of the Services asserted by any third party, including but not limited your breach of this Agreement, or your violation of any third party right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses. This indemnification and defense obligation will survive this Agreement.

Law and Jurisdiction:

This Agreement shall be governed by and construed according to the laws of the State of California and the United States, excluding California's conflicts of laws rules. Any claim or cause of action arising from or related to this Agreement or your use of the Site shall be filed solely and exclusively in an appropriate state or federal court located in Los Angeles County in the State of California, and you irrevocably consent to the personal jurisdiction of such courts and waive any objections you may have to such courts as the sole venue for any such claim or cause of action, including but not limited to any claim that any such court is an inconvenient forum. In the event of any conflict between U.S. and foreign laws, rules and regulations, those of the U.S. will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

Other Terms:

No agency, partnership, joint venture, or employment relationship is established as a result of this Agreement. This Agreement, in addition to other written agreements you may enter into with Spacey Studios, is the entire agreement and understanding between you and us regarding the purchase of any Service from the Site and supersedes all prior or contemporary communications whether digital, oral or written. If any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that term or condition will be limited or removed to the minimum extent necessary so that this Agreement will otherwise remain fully valid and enforceable. Our failure to enforce or exercise any rights established by this Agreement will not constitute a waiver of any such rights or any other rights under this Agreement. Section headings in this Agreement are included for convenience of reference only and will not limit the scope or effect of any Section.

Spacey is a California corporation. You may contact us at 1141 Van Buren Ave, Venice, CA 90291 or hi@spaceystudios.com with any questions or concerns.