Rules of Cooperation
In these Rules of Cooperation:
“Materials” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Site.
“Services” means any service that tomeckiStudio offers.
“Account“, “Store“, “e-commerce” means the e-commerce platform that you have received as part of your collaboration with us.
Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
- You must be older than 18 years, or a minimum of the age of majority within the jurisdiction where you reside and from which you use the Services to cooperate with us.
- The following activities are prohibited at your Store:
– Child exploitation: You may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or those present children in a sexual manner.
– Hateful content: You may not use the Services to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discriminatory intolerance.
– Illegal activities: You may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.
– Intellectual property: You may not offer goods or services, or post or upload Materials, that infringe on the copyright or trademarks of others.
– Malicious and deceptive practices: You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of tomeckiStudio or others. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
– Personal, confidential, and protected health information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords.
– Self-harm: You may not offer goods or services, or post or upload Materials, that promote self-harm.
– Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
– Terrorist organizations: You may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.
- You may not use the tomeckiStudio Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United Kingdom. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service.
- You acknowledge that you simply are chargeable for the creation and operation of your Store.
- tomeckiStudio is not a marketplace. Any contract of sale through your Store is directly between you and the buyer.
- You are liable for all activity and content like photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
- A breach or violation of any term in the Terms of Service, including these Rules of Cooperation, as determined in the sole discretion of tomeckiStudio may result in an immediate termination of your Services.
- Questions about the Rules of Cooperation should be sent to tomeckiStudio Support.
You are responsible for your Account and any Materials you upload to the Store. Remember that if you violate these terms we may cancel your service.
If we need to reach you, we will send you an email.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any tomeckiStudio customer, persons cooperating with tomeckiStudio, member, or officer will result in immediate Account termination.
- tomeckiStudio does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a tomeckiStudio account, we are able to freeze the account or transfer it to the rightful owner, as determined by us.
Limitation of Liability
- You expressly understand and agree that, to the extent permitted by applicable laws, tomeckiStudio shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
- To the extent permitted by applicable laws, in no event shall tomeckiStudio or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or those Rules of Cooperation (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, tomeckiStudio partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of those Rules of Cooperation or the documents it incorporates by reference or your violation of any law or the rights of a third party.
- Your usage of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- tomeckiStudio does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- tomeckiStudio does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- tomeckiStudio is not responsible for any of your tax obligations or liabilities associated with the use of tomeckiStudio Services.
- tomeckiStudio does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors within the Services will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties and our liability is restricted.
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the Materials you provide to the Service. All Materials you upload to your Store remains yours. You can remove your tomeckiStudio Store at any time by sending an email to us.
- By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Store; (b) to allow tomeckiStudio to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that tomeckiStudio can, at any time, review and delete all the Materials submitted to its Service, although tomeckiStudio is not obligated to do so.
- You retain ownership over all Materials that you just upload to the Store; however, by making your Store public, you agree to allow others to view Materials that you post publicly to your Store. You are responsible for compliance of the Materials with any applicable laws or regulations.
- tomeckiStudio shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Store to promote the Service.
Anything you upload remains yours and is your responsibility.
Payment of Fees
- You are obliged to pay a monthly invoice for the use of the tomeckiStudio platform.
- The settlement is based on the payment of an agreed percentage of the income from the settled month.
- You are obliged to form a bank transfer to the account of tomeckiStudio within 7 days from the tip of the settled month.
Cancellation and Termination
- You may cancel your Account and terminate the Terms of Service at any time by contacting tomeckiStudio Support and then following the precise instructions indicated to you in tomeckiStudio’s response.
- Upon termination of the Services by either party for any reason:
- tomeckiStudio will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided within the Terms of Service, you will not be entitled to any refunds of any Fees, proportionately or otherwise;
- any outstanding balance owed to tomeckiStudio for your use of the Services through the effective date of such termination will immediately become due and payable in full;
- your Store website will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid fully, you will not be charged again.
- We reserve the right to modify or terminate the tomeckiStudio Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination.
- Fraud: Without limiting any other remedies, tomeckiStudio may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in reference to the utilization of the Services.
To initiate a termination contact Support. tomeckiStudio will respond with specific information regarding the termination process for your account. If you cancel cooperation, you’ll have one last email invoice.
We may change or terminate your account at any time. Any fraud and we will suspend or terminate your account.
DMCA Notice and Takedown Procedure
tomeckiStudio supports the protection of intellectual property and asks tomeckiStudio merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one amongst our merchants is infringing their intellectual property rights, they can send a DMCA Notice to tomeckiStudio’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter-notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter-notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise, we restore the material. For more information, see our DMCA Notice and Takedown Procedure.
tomeckiStudio respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send tomeckiStudio a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant.