Terms & Conditions

Last Updated on November 2018

The Website and its Content is owned by Sublation Studio, LLC (“Company”, “we”, “our”, and “us”). The terms “you”, “user(s)”, and “your” refers to the user, visitor, or viewer of www.sublationstudio.com  (“Website”).

Sublation Studio, LLC (hereinafter, “Company”, “we”, “our”, and “us”) provides services, products, and information via Our website (located at www.sublationstudio.com), Instagram (located at instagram.com/sublationstudio.com), and other platforms which may be added or removed at any time.  Collectively, these sites are referred to as the “Platform(s)” and include all versions accessible through all devices (such as mobile and desktop apps, web browsers, etc.)

All users, visitors, or viewers (hereinafter, you”, “user(s)”, and “your”) to our Platforms are subject to the terms, conditions, and notices set forth in these Terms and Conditions (the “Terms of Use”).  Purchasers of Our products or subscribers to Our services may be subject to additional rules applicable to such transactions. These Terms & Conditions may be amended from time-to-time.

By using Our Platforms, purchasing Our products (physical and/or digital), or subscribing to Our services, You agree to the following Terms and Conditions, including the Privacy Policy, and agree to comply with all of its provisions. Please read them carefully before using Our Platforms. Any participation in any of Our Platforms , purchase of any of Our products (physical and/or digital), and/or subscription to Our services will constitute acceptance of this agreement.

General Provisions

This website is owned and operated by Sublation Studio, LLC, a New York company. Our principal place of business is located at 90 State Street, Suite 700, Office 40, Albany, NY 12207.

You must be at least sixteen (16) years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.

Intellectual Property Notice

This Website contains intellectual property owned by Sublation Studio, LLC, including trademarks, trade dress, copyrights, proprietary information and other intellectual property. It is a violation of federal law to modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website content, in whole or in part without our prior written consent. Third-party use is prohibited, including republishing any text, image, design or other property on another website, or posting a quote or image from our site to any third party website including social media.

We reserve the right to immediately remove your account and access to the Website, including any products or services offered through the site, without refund, if you are caught violating this intellectual property policy. Violators may be prosecuted to the fullest extent permissible should it be chosen to do so, including asking for financial penalties (damages) and/or an injunction forcing the violator to stop using our intellectual property immediately.

User Communication

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign-up, inquiry form, or other related pages, or directly to our phones, mailing, or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. We own any and all communications displayed on our website, servers, comments, emails, or other media as allowed by United States law.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

If an affiliate link is used, I may receive a commission if you click on the link and make a purchase from the affiliate. I only recommend products and services that I know or trust to be of

high quality, whether an affiliate relationship is in place or not.

Links to Other Websites

We may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Limitations on Linking and Framing

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

Products

We aim to describe and display products as accurately as possible. However, we cannot guarantee that the color, texture, size, and other physical features will be completely accurate. Likewise, we cannot guarantee their uses for your particular circumstances and purposes. Please do not accept that the product descriptions contained on this website/blog/newsletter are entirely accurate, current, or error-free. Occasionally, we may correct errors in pricing and merchandise descriptions.

Online Commerce

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Shopify Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

Refunds & Payment Collection

Sublation Studio, LLC Graphic Design Services

We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously too. Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.  

As per Section 3.4 of the Standard Form of Agreement: (i) Client shall pay Deposit invoice within five (5) business days of the Deposit invoice issue date. Services will begin upon Designer’s receipt of Deposit. (ii) Client shall pay all invoices, except for the Deposit invoice, within fifteen (15) business days of the invoice issue date. (iii) A monthly service charge of 1.5 percent (or the greatest amount allowed by state law) is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. If the Client has not paid an invoice for more than 60 calendar days, the Designer may refer collection of the unpaid amount to an attorney or collections agency. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Designer reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under the Agreement are conditioned upon receipt of payment in full which shall be inclusive of any and all outstanding Additional Costs, Taxes, Expenses, and Fees, Charges, or the costs of Changes.

Sublation Studio, LLC Digital Products

Our Products that are sold and distributed in a digital format are non-refundable, including any subscriptions for a series of courses or memberships in any discussion groups or other online communities.

Sublation Studio, LLC Physical Products

Our Products that are physical goods (“Physical Products”) are refundable if returned to Us in unused condition within 30-days following delivery to You.  Physical Products must be in the same condition in which You received them and must be returned in the same packaging with any labels remaining (not removed).  You are responsible for the costs of any shipping for any returns. Within 30 days following receipt of any returned Physical Product, we will issue a refund of the purchase price of the Physical Product via the same payment method that was used to purchase the Physical Product.  All shipping costs are not refundable and remain Your responsibility.

Entire Agreement

Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy.  If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

Severability

If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction

These Terms, Conditions, and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of New York, the United States of America.

Consent

By using our website, you hereby consent to our Terms and Conditions of Use. If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at hello@sublationstudio.com