COPYRIGHT POLICY
All content on this site including but not limited to: text, graphics, logos, button icons, images, is the sole property of Level Ten Studio, LLC or its content suppliers and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property of Level Ten Studio, LLC and protected by U.S. and international copyright laws.
All software used on this site is the property of Level Ten Studio, LLC or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
Level Ten Studio, LLC; and other marks indicated on our site are registered trademarks of Level Ten Studio, LLC or its subsidiaries, in the United States and other countries. Level Ten Studio, LLC's trademarks may not be used in connection with any product or service that is not Level Ten Studio, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Level Ten Studio, LLC.
All other trademarks not owned by Level Ten Studio, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Level Ten Studio, LLC or its subsidiaries.
General
1. Customer is hereby defined as any person or entity utilizing any service from Level Ten Studio, LLC.
2. Customer's use of Level Ten Studio, LLC services constitutes Customer's acceptance of all Terms and conditions. Customer also agrees to be bound by any change in these terms which may be published via Level Ten Studio, LLC services while you are a customer of Level Ten Studio, LLC services. If you do not want to be bound by the terms of this Agreement or by any subsequent changes to these terms, please contact Level Ten Studio, LLC immediately so that we may close your account. Level Ten Studio, LLC reserves the right to change the Terms of Service without prior notice or warning.
3. Level Ten Studio, LLC reserves the right to refuse, cancel, or suspend products delivery or service at our sole discretion.
4. Level Ten Studio, LLC shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
5. Level Ten Studio, LLC has the right to delete all content and files upon termination. Level Ten Studio, LLC reserves the right to withhold any prepaid funds for any site removed for violations of these policies.
6. All orders are subject to acceptance by Level Ten Studio, LLC.
7. The customer must be 13 years of age or older to obtain our products or services.
8. Failure to follow any term or condition will be grounds for immediate account deactivation.
9. Failure by either Customer or Level Ten Studio, LLC to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.
10. If any part, term, or provision of this Agreement is determined to be invalid or unenforceable by a court, board, or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board, or tribunal, or, if such provision is found to be totally unacceptable to such court, board, or tribunal in any form, then as if such invalid provision were omitted altogether.
11. It is expressly understood that there are no oral agreements or understandings between you and Level Ten Studio, LLC which will be deemed to extend, restrict, or otherwise supersede the exact terms of this agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise, this Agreement, the Application Form, and any later written changes published via Level Ten Studio, LLC service, constitutes the entire agreement
12. Our website grants you a nonexclusive limited license to use the web templates and products sold through our web site. You may not re-distribute, re-assign or transfer this license to someone else without prior notice to Level Ten Studio, LLC.
13. Templates and images included in the distribution are the sole property of Level Ten Studio, LLC. You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified.
14. You may only use each of our products on a single web site, belonging to either you or your client. Every time you wish to use the same design , template or module , you must repurchase the template.
15. Level Ten Studio, LLC templates or modules are an all-digital product. The software is delivered via the Internet only. Because of the nature of the product, we do not issue any refunds on templates once it is delivered. Please make sure that you understand the pre-requisites of the products before purchasing it.
16. This template is provided 'as-is', without any express or implied warranty. In no event will the authors and Level Ten Studio, LLC be held liable for any damages arising from the use of this template.
Billing
1. Level Ten Studio, LLC may cancel specials at any time. Prices are subject to change at any time, and prices are only guaranteed for the initial period of prepayment.
2. Level Ten Studio, LLC currently accepts credit cards (Visa, MasterCard, Amex and Discover). Level Ten Studio, LLC also accepts personal/business checks, money orders, or International money orders in US currency, drawn from a US Bank.
3. Sales and use taxes and all other applicable taxes which are applica ble to the products shall be incurred by Customer regardless of whom the taxes are or were imposed upon.
4. It is the sole responsibility of the customer to insure their payment information is maintained current and available for payment of incurred fees. If you default, you agree to pay Level Ten Studio, LLC its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights under these Terms and Conditions.
5. Any service fees (Such as template or module installation, customization and etc.) are nonrefundable .
6. If you pay with check and your check is returned to Level Ten Studio, LLC unpaid, you agree to pay a returned check charge of $25.00.
7. If we must deal with a credit card chargeback on your account, you will be charged a $50 administrative fee for our time in dealing with this. Should your account be turned over to a collection agency, you are responsible for collection and legal fees.
8. If you default, you agree to pay Level Ten Studio, LLC reasonable collection expenses, including attorney and collection agency fees.
9. Level Ten Studio, LLC reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by Level Ten Studio, LLC if Level Ten Studio, LLC institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
10. Phone requests will not constitute acceptance of any cancellation.
Content
1. Abuse of the law. Level Ten Studio, LLC's services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating US export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Level Ten Studio, LLC reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
2. Level Ten Studio, LLC accounts may not host or handle material that contain the following content or links to content elsewhere. Level Ten Studio, LLC will be the sole arbiter in determining violations of this provision:
· Pirated software
· Hackers programs or archives
· Warez Sites, material which promotes the illegal distribution of software
· IRC Bots
· MP3
· nudity, pornography, adult material and sex-related merchandising. This includes sites that may infer sexual content, or links to adult content elsewhere.
· obscenity
· discriminatory/hate propaganda
· any material that results in reasonable complaints from other customers or third parties.
· sites that promote any illegal activity or present content that may be damaging to Level Ten Studio, LLC servers or any other server on the Internet
· In addition any site selling or promoting Bulk email services or software is not allowed
3. All services provided by Level Ten Studio, LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. You agree that Level Ten Studio, LLC may remove objectionable materials residing on the Level Ten Studio, LLC server. Such removal shall be at Level Ten Studio, LLC's sole discretion and Level Ten Studio, LLC shall be the sole judge of what constitutes objectionable material.
Failure to Comply With Agreement.
Level Ten Studio, LLC may deny Customer access to and cease to provide all or part of any Services without notice if Customer (a) violates any provision of Level Ten Studio, LLC's Internet Acceptable Use Policies, which are appended to these General Terms and Conditions (and which may be modified from time to time as provided in the Policy or by delivery of such modified Internet Policies to Customer); or (b) engages in any conduct or activity that Level Ten Studio, LLC, in it's sole discretion, believes violates any of the terms and conditions of this Agreement or causes a risk that Level Ten Studio, LLC may be subjected to civil or criminal litigation, charges, or damages. If Level Ten Studio, LLC ceases to provide or denies Customer access to any Services pursuant to the preceding sentence, neither Customer nor any of it's authorized users shall have any right (a) to access through Level Ten Studio, LLC any materials stored on the Internet, (b) to obtain any credit(s) otherwise due to Customer, and such credit(s) shall be forfeited, or (c) to access third party services, merchandise or information on the Internet through Level Ten Studio, LLC. Level Ten Studio, LLC shall have no responsibility to notify any third-party providers of services, merchandise or information of any discontinuance of any Services pursuant to this paragraph, nor any responsibility for any consequences resulting from lack of such notification.
Indemnification
Customer will take all necessary measures to preclude Level Ten Studio, LLC from being made a party to any lawsuit or claim regarding Level Ten Studio, LLC services provided to any customer or end user. Customer hereby agrees to indemnify and hold harmless Level Ten Studio, LLC from any and all claims of whatever nature, expenses, demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Level Ten Studio, LLC, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.
Liability
ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Level Ten Studio, LLC makes absolutely no warranties whatsoever, express or implied, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.
Level Ten Studio, LLC shall not be responsible for any claimed damages, including incidental and consequential damages, including lost profits which may arise from Level Ten Studio, LLC's servers going off-line or being unavailable for any reason whatsoever. Further, Level Ten Studio, LLC shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Level Ten Studio, LLC's servers. IN THE EVENT Level Ten Studio, LLC IS FOUND LIABLE FOR ANY CLAIM ARISING UNDER THIS AGREEMENT, IN NO EVENT WILL Level Ten Studio, LLC BE LIABLE FOR AN AMOUNT IN EXCESS OF THE AMOUNTS PAID TO Level Ten Studio, LLC UNDER THIS AGREEMENT.
Disclaimer
Level Ten Studio, LLC will not be responsible for any damages your business may suffer. Level Ten Studio, LLC makes no warranties of any kind, expressed or implied for services we provide. Level Ten Studio, LLC disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Level Ten Studio, LLC and its employees. Level Ten Studio, LLC reserves the right to revise its policies at any time.
Miscellaneous.
This Agreement, including the Addendums hereto, constitutes the entire agreement between Customer and Level Ten Studio, LLC with respect to the Services.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
Level Ten Studio, LLC's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
Customer shall not assign this Agreement without the prior written consent of Level Ten Studio, LLC.
Level Ten Studio, LLC will not be responsible for performance of its obligations hereunder where delayed or hindered by war, riots, embargoes, strikes or acts of its vendors, suppliers, or workmen (whether of Level Ten Studio, LLC or others), accidents, acts of God, or any other event beyond its reasonable control.
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to any provisions thereof which would cause the application of the laws of any other jurisdiction to this Agreement. Any cause of action Customer may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Although Level Ten Studio, LLC backs up it's systems regularly and works to prevent technical problems, system failures, and service disruptions, such occurrences are possible, particularly in connection with such things as total power losses, natural calamities, acts of war or terrorism, acts of God, destructive acts of hackers, or bandwidth changes on the Internet. It is specifically agreed that Level Ten Studio, LLC shall under no circumstances be liable for any lost profits or other consequential damages.
Relationship of the Parties.
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
