1. Agreement to Terms
Welcome to Studio Tony LLC ("we," "us," or "our"). By accessing and using our website https://studiotony.com, you agree to comply with and be bound by the following Terms of Use. If you do not agree with these Terms, please refrain from using our Site.
These Terms of Use apply to all visitors, users, and others who access or use our Site ("Users").
2. Services
Studio Tony LLC offers branding, website design, and UX/UI services. By purchasing or using any of our services, you agree to the terms outlined on this Site, including any agreements, contracts, or policies presented at the time of purchase.
3. Intellectual Property
3.1 Ownership
All content on the Site, including but not limited to text, images, graphics, designs, logos, and code, is the intellectual property of Studio Tony LLC or its licensors, unless otherwise indicated. Unauthorized use of any content may violate copyright, trademark, or other laws.
3.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal or business use related to engaging with our services. This license does not allow you to: Reproduce, distribute, modify, or create derivative works based on our content.
Use the Site or its content for commercial purposes without express permission.
4. User Responsibilities
By accessing or using our Site, you agree to:
Use the Site in accordance with these Terms and all applicable laws and regulations.
Refrain from using the Site for any illegal or unauthorized purposes.
Not engage in behavior that could harm or impair the Site, such as introducing viruses, scraping content, or attempting unauthorized access.
5. User Accounts
5.1 Account Security
If you create an account on our Site, you are responsible for maintaining the confidentiality of your account details, including your username and password. You are responsible for all activities that occur under your account. If you suspect unauthorized use, you must notify us immediately.
5.2 Account Termination
We reserve the right to suspend or terminate your account at any time, without notice, for any reason, including violations of these Terms.
6. Products and Services
6.1 Branding Services, Website Design, & UX/UI Design
All services offered on the Site, including branding services, website design, UX/UI design and other digital products, are subject to specific terms and conditions. Detailed descriptions of services are provided on our Site. By purchasing services, you agree to the terms of service for each product.
6.2 Payment
Payments for services are made through secure third-party payment processors. We do not store any financial information, including credit card details. By making a payment, you agree to the applicable fees and terms as outlined during the checkout process.
6.3 Refunds and Cancellations
Refunds and cancellations are subject to the specific terms outlined in the individual service agreements. Once services have been rendered or work has commenced, refunds may not be granted.
7. Client Content and Responsibilities
You may be required to submit content, such as images, text, or branding assets ("Client Content/Client Homework"), for the purpose of creating custom websites or branding materials. By submitting Client Content, you represent and warrant that:
You own or have the necessary rights and permissions to use the Client Content.
Your Client Content does not infringe upon any third-party rights, including copyright or trademark.
We reserve the right to refuse to use any Client Content that we deem inappropriate or that violates these terms.
8. Privacy Policy
Your use of our Site is also governed by our Privacy Policy, which outlines how we collect, use, and safeguard your information. Please review the Privacy Policy to understand your rights and our practices regarding your data.
9. Third-Party Links and Services
Our Site may contain links to third-party websites or services that are not owned by Studio Tony LLC. We are not responsible for the content or practices of any third-party websites. Your use of third-party websites is at your own risk, and you should review their terms and policies.
10. Disclaimers
10.1 No Warranty
The information provided on the Site is for general informational purposes only. Studio Tony LLC makes no representations or warranties, express or implied, regarding the accuracy, completeness, or suitability of the content.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2 Third-Party Providers
We may use third-party services to offer certain features or functions, such as website hosting, payment processing, and email marketing. We are not responsible for the practices or performance of these third-party providers.
11. Limitation of Liability
To the fullest extent permitted by law, Studio Tony LLC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the Site or services.
The information provided on https://studiotony.com is believed to be accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, or complete. You agree that we are not responsible for the accuracy of our website, or for any errors or omissions in its content or in our products and/or services purchased through the Site or materials requested via email.
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
You agree that Studio Tony LLC is not liable to you or others in any way for damages of any kind arising from the use of our website or its content, or products and/or services purchased from it, or via materials requested through email, including, but not limited to, direct, indirect, incidental, consequential, and/or special damages.
You further agree that Studio Tony LLC is not liable for any loss incurred by you or your business, including, but not limited to:
-Loss of clients
-Loss of goodwill
-Loss of income or revenue
-Loss of anticipated income
-Loss of sales
-Loss of data
-Computer failure
-Computer viruses obtained through use of our website or its content
-Products and/or services purchased from it, or via materials requested through email
-Any other loss or damage of any kind.
Studio Tony LLC cumulative liability for any loss or damage to you or others arising out of or relating to this agreement shall not exceed $100.00 (USD).
We expressly exclude any liability to the fullest extent of the law.
11.1 Force Majeure
We are not liable for any failure or delay in performing our obligations due to events beyond our control, such as natural disasters, government actions, or technical failures.
12. Indemnification
You agree to indemnify, defend, and hold harmless Studio Tony LLC, its affiliates, and their respective officers, employees, and agents from any claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising out of or related to your use of the Site, your breach of these Terms, or your violation of any law or the rights of a third party.
13. Termination
We reserve the right to terminate or suspend your access to the Site, without prior notice, for any reason, including violation of these Terms. In the event of termination, all provisions that by their nature should survive termination shall remain in effect, including, without limitation, intellectual property provisions, indemnity, and limitations of liability.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the state of New Jersey, without regard to its conflict of law principles.
14.2 Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of the Site shall be resolved as follows:
Negotiation: You agree to first attempt to resolve any dispute through informal negotiation with Studio Tony LLC.
Mediation: If the dispute is not resolved through informal negotiation, you agree to submit the dispute to mediation before a mutually agreed-upon mediator.
Arbitration: If mediation fails to resolve the dispute, you agree to submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) in accordance with its rules. The arbitration will take place in Jersey City, New Jersey. The arbitrator’s decision will be final and binding, and judgment may be entered in any court having jurisdiction.
Class Action Waiver: You agree that any disputes will be resolved on an individual basis, and you waive any right to participate in a class action lawsuit or class-wide arbitration.
15. Testimonials
15.1 Submission of Testimonials
We may display testimonials from clients or users on our Site. By submitting a testimonial, you grant us the right to use, display, and publish your testimonial on our Site and in other marketing materials.
15.2 Accuracy of Testimonials
Testimonials represent the opinions of individual users and may not reflect the experiences of all clients. We do not guarantee that testimonials will be representative of all users' experiences.
15.3 Removal of Testimonials
We reserve the right to remove any testimonial from our Site at our discretion, including if we believe it violates these Terms or is misleading.
16. Refund Policy
Due to the custom nature of our services and the significant work involved, all sales are final. We do not offer refunds under any circumstances once services have been purchased. We invest considerable time and resources into each project, and as such, refunds are not provided.
17. Changes to the Terms
We reserve the right to modify these Terms at any time. When we make changes, we will update the effective date at the top of this page. Your continued use of the Site following any changes constitutes your acceptance of the updated Terms.
18. Contact Us
If you have any questions, concerns, or comments about these Terms, please contact us at:
Studio Tony LLC
Email: info@studiotony.com
