These Terms and Conditions of Ecommerce Platform Rental set the rules for the provision of services by the Tomasz Namyslo trading as tomeckiStudio, offered at https://tomecki.studio/. Please read carefully to ensure you understand my terms before purchasing any of my products or services.
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.
These Terms and Conditions of Ecommerce Platform Rental are an extension of the general Terms and Conditions, available at this link: https://tomecki.studio/terms-and-conditions/
These Terms and Conditions of Ecommerce Platform Rental inherit definitions from the Terms and Conditions, available at this link: https://tomecki.studio/terms-and-conditions/
- 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 Store.
- Store or Ecommerce or Platform - means the ecommerce platform that Client have received as part of their collaboration with tomeckiStudio.
tomeckiStudio reserves the right to update and change the Terms and Conditions of Ecommerce Platform Rental from time to time without notice. Any new features that augment or enhance the Platform, including the release of new tools and resources, shall be subject to the Terms and Conditions of Ecommerce Platform Rental. Continued use of the Platform after any such changes shall constitute Lessee consent to such changes.
A breach or violation of any term in the Terms and Conditions, including these Terms and Conditions of Ecommerce Platform Rental, as determined in the sole discretion of tomeckiStudio may result in an immediate termination of Lessee's Services.
Questions about the Terms and Conditions of Ecommerce Platform Rental should be sent to tomeckiStudio's Support.
Lessee must be older than 18 years, or a minimum of the age of majority within the jurisdiction where their reside and from which their use the Services to cooperate with tomeckiStudio.
The following activities are prohibited at your Store:
- Child exploitation: Lessee may not offer goods or services, 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: Lessee may not use the Platform 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: Lessee may not offer goods or services, post or upload Materials, that contravene, facilitate or promote activities that contravene, the laws of the jurisdictions in which Lessee operate or do business.
- Intellectual property: Lessee may not offer goods or services, post or upload Materials, that infringe on the copyright or trademarks of others.
- Malicious and deceptive practices: Lessee may not perform activities, upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of tomeckiStudio or others. Lessee may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.
- Personal, confidential, and protected health information: Lessee 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: Lessee may not offer goods or services, post or upload Materials, that promote self-harm.
- Spam: Lessee may not use the Platform to transmit unsolicited commercial electronic messages.
- Terrorist organizations: Lessee may not offer goods or services, post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.
Lessee may not use the Platform for any illegal or unauthorized purpose nor may Lessee, in the use of the Service, violate any laws in their jurisdiction (including but not limited to copyright laws), the laws applicable to Lessee in their customer’s jurisdiction, or the laws of United Kingdom. Lessee will comply with all applicable laws, rules and regulations in Lessee use of the Platform and their performance of obligations under the Terms and Conditions.
Lessee acknowledge that their simply are chargeable for the creation and operation of their Store.
tomeckiStudio is not a marketplace. Any contract of sale through Lesee Platform is directly between Lessee and the buyer.
Lessee are liable for all Materials, 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 their Store.
Lessee are responsible for their Platform and any Materials their upload to the Store. The Lessee must remember that if they violate these terms and conditions, tomeckiStudio may cancel their Services.
If tomeckiStudio need to reach Lessee, it will send their an email.
tomeckiStudio may, but have no obligation to, remove Materials and suspend or terminate Store if it determine in its sole discretion that the goods or services offered via a Platform, or the Materials uploaded or posted to a Store, violate the Terms and Conditions of Ecommerce Platform Rental.
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 Platform termination.
tomeckiStudio does not pre-screen Materials and it is in its sole discretion to refuse or remove any Materials from the Service, including your Platform.
tomeckiStudio can modify, cancel or refuse the Service at anytime.
In the event of an ownership dispute over a Platform, tomeckiStudio is able to freeze the Platform or transfer it to the rightful owner, as determined by tomeckiStudio.
Limitation of Liability
Lessee 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 Platform.
To the extent permitted by applicable laws, in no event shall tomeckiStudio or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with its site, Services or those Terms and Conditions of Ecommerce Platform Rental (however arising including negligence). Lessee agree to indemnify and hold tomeckiStudio, subsidiaries, affiliates, tomeckiStudio's 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 Lessee's breach of those Terms and Conditions of Ecommerce Platform Rental or the documents it incorporates by reference or their violation of any law or the rights of a third party.
Lessee's usage of the Platform is at their 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 Lessee through the Services will meet their expectations, or that any errors within the Services will be corrected.
tomeckiStudio is not responsible if Lessee break the law, breach this agreement or go against the rights of a third party, especially if their get sued.
Service is “as is” so it may have errors or interruptions and tomeckiStudio provide no warranties and its liability is restricted.
Intellectual Property and Customer Content
tomeckiStudio do not claim any intellectual property rights over the Materials Lessee provide to the Platform. All Materials their upload to theirs Store remains theirs. Lessee can remove Platform at any time by sending an email to tomeckiStudio's support.
By uploading Materials, Lessee agree: (a) to allow other internet users to view the Materials their post publicly to their Store; (b) to allow tomeckiStudio to store, and in the case of Materials their post publicly, display and use their 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.
Lessee retain ownership over all Materials that their just upload to the Store; however, by making their Store public, their agree to allow others to view Materials that their post publicly to their Store. Lessee 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 Lessee's Store to promote the Service.
Anything Lessee upload remains theirs and is their responsibility.
Payment of Fees
Lessee 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.
Lessee 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
Lessee may cancel their Account and terminate the Terms and Conditions of Ecommerce Platform Rental at any time by contacting tomeckiStudio's Support and then following the precise instructions indicated to their in tomeckiStudio’s response.
Upon termination of the Services by either party for any reason:
tomeckiStudio will cease providing Lessee with the Platform and their will no longer be able to access their Platform;
unless otherwise provided within the Terms and Conditions of Ecommerce Platform Rental, Lessee will not be entitled to any refunds of any fees, proportionately or otherwise;
any outstanding balance owed to tomeckiStudio for Lessee use of the Platform through the effective date of such termination will immediately become due and payable in full;
Lessee's Store website will be taken offline.
If at the date of termination of the Platform, there are any outstanding fees owing by Lessee, their will receive one final invoice via email. Once that invoice has been paid fully, Lessee will not be charged again.
tomeckiStudio reserve the right to modify or terminate the tomeckiStudio Service, the Terms and Conditions of Ecommerce Platform Rental and/or Lessee's Platform for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms and Conditions of Ecommerce Platform Rental 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 Lessee's Platform if tomeckiStudio suspect that their (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 tomeckiStudio Support. tomeckiStudio will respond with specific information regarding the termination process for Lessee's Platform. If Lessee cancel cooperation, their’ll have one last email invoice.
tomeckiStudio may change or terminate Lessee's Platform at any time. Any fraud and tomeckiStudio will suspend or terminate Lessee's Platform.
DMCA Notice and Takedown Procedure
tomeckiStudio supports the protection of intellectual property and asks tomeckiStudio merchants to do the same. It’s tomeckiStudio policy to respond to all notices of alleged copyright infringement. If someone believes that one amongst tomeckiStudio's merchants is infringing their intellectual property rights, they can send a DMCA Notice to tomeckiStudio’s designated agent using the form. Upon receiving a DMCA Notice, tomeckiStudio 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 the form if they object to the complaint. The original complainant has 14 business days after tomeckiStudio receives a counter-notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise, tomeckiStudio restores the material. For more information, see tomeckiStudio DMCA Notice and Takedown Procedure.
tomeckiStudio respects intellectual property rights and Lessee should too. If tomeckiStudio receive a DMCA Notice, may disable access or remove the allegedly infringing content from Lessee's website. If yLessee don’t think the claim is valid, their can proceed with a counter notification.
If you believe one of my merchants is infringing your intellectual property rights, you can send tomeckiStudio a DMCA Notice. tomeckiStudio will expeditiously disable access or remove the content and notify the merchant.