These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with Festival Studio (the "Service") operated by Festival Studio ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our Festival Studio (the "Service").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service
Where you purchase from a third party: Certain Festival Studio are available for purchase from a mobile platform owner (e.g. Apple or Google) and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. Please review the mobile platform owner's terms in this regard before purchase. This may also apply to subscriptions and in-app purchases.
For in-app purchases made through a mobile platform owner (e.g. Apple or Google), we do not have the right to issue any refunds. The only way to receive a refund for such purchases is to contact the mobile platform owner (e.g. Apple or Google).
Please be noted that automatic renewal of the service might occur for in-app purchases made through a mobile platform owner (e.g. Apple or Google). In such case, refunds will not be issued. Users are responsible for cancelling future renewals at the relevant a mobile platform owner (e.g. Apple or Google).
You can find further information on cancelling orders and any associated refunds on the website of the third-party re-seller from whom you purchased the app (for example, the Apple App Store or the Google Play Store).
Where you purchase from Festival Studio directly: Please note and acknowledge: if you download Festival Studio from Website of Festival Studio directly, you agree to waive your cancellation and refund right once the download of the app or the relevant purchase is made. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the app is complete. This will also apply to subscriptions and in-app purchases.
If you wish to purchase any product or service made available through the Festival Studio ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your purchase order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Certain Festival Studio on the Apple App Store and Google Play Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple or Google). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple) or at any time before the end of the trial period (Google). You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes or Android account. The cancellation will take effect after the last day in the relevant subscription period.
Certain of our subscription services on the Apple App Store and Google Play Store may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes or Android account. Please note: your free-trial subscription will automatically renew as a paid subscription unless (a) auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple) or (b) you cancel before the end of the trial period (Google).
Third-Party Services and Content. The Festival Studio may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing a Festival Studio that includes third party services and third-party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third-Party Partner's website. Festival Studio may provide access or links to Third Party Partner websites or resources. Festival Studio has no control over such websites and resources, and you acknowledge and agree that Festival Studio is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.
You further acknowledge and agree that Festival Studio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Festival Studio will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
Access to Third-Party Services and Content through Festival Studio. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through a Festival Studio, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using a Festival Studio you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Festival Studio be liable in any way for any Content created by or originating with entities other than Festival Studio, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of a Festival Studio.
The Festival Studio, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by Festival Studio are Festival Studio's property or the property of Festival Studio’ licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the Festival Studio. All rights not expressly granted hereunder are expressly reserved to Festival Studio and its licensors.
Festival Studio and Festival Studio names, logos and affiliated properties, are the exclusive property of Festival Studio or its affiliates. All other trademarks appearing on any Festival Studio are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through a Festival Studio. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
You are solely responsible for any Content you contribute, submit, display or for any adaptations of works made on or through your use of the Festival Studio. It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
Festival Studio respects and expects its users to respect the rights of copyright holders. On notice,Festival Studio will act appropriately to remove content that infringes the copyright rights of others.
Festival Studio reserves the right to disable the access to Festival Studio or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others.
If you believe a Festival Studio, or elements, infringe your copyright rights, Please contact Festival Studio at:
Festival StudioFirst Floor, Shyam Prabhu-3,
Attn: Copyright Agent/ Legal Dept.
Please ensure your communication includes the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Festival Studio;
your address, telephone 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 owner, its agent, or the law;
a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Objectionable Content. Festival Studio may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Festival Studio 's sole discretion. "Objectionable Content" includes, but is not limited to:
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libellous,
Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
Content that may harm minors in any way;
Content that has the goal or effect of "stalking" or otherwise harassing another
Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
Content that is vulgar, offensive, obscene or pornographic,
Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submission through the Festival Studio, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this agreement; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Festival Studio, its users, or members of the public or (v) to report a crime or other offensive behaviour.
Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of theFestival Studio. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the Festival Studio. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of Festival Studio. None of the Submissions shall be subject to any obligation of confidence on the part of Festival Studio, and Festival Studio shall not be liable for any use or disclosure of any Submissions.
Repeat Infringer Policy.
Festival Studio may terminate a user's access to the Festival Studio if, under appropriate circumstances, the user is determined to be a repeat infringer.
Your rights under this agreement will terminate immediately and automatically without any notice fromFestival Studio if you fail to comply with any of the terms and conditions of this agreement. Further, Festival Studio, with or without any reason, may at any time suspend or terminate any license hereunder and disable the Festival Studio or any of its component features. You agree that Festival Studio shall not be liable to you or any third-party for any termination or disabling of the Festival Studio. Promptly upon expiration or termination of this Agreement, you must cease all use of the Festival Studio and destroy all copies of Festival Studio in your possession or control. Termination will not limit any of Festival Studio 's other rights or remedies at law or in equity. Any of the Terms of this agreement shall survive termination or expiration of this agreement for any reason.
You agree that use of the Services and the access to the Festival Studio is at Your own risk. The Services including the App, the Content, the Posters, the Graphics, the images, User Material and any other materials contained on or provided through the Site are provided "AS IS" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Festival Studio does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable
IN NO CASE SHALL Festival Studio, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE Festival Studio OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE Festival Studio OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, Festival Studio'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Festival Studio, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.
The relationship between You and Festival Studio shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Festival Studio has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts at Rajkot, Gujarat, India.
If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.
You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.
If you have any questions about these Terms, please contact us
By email: Support@360brandingstudio.com