online web builder
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Privacy Policy, Cookies,
Terms & Conditions

Privacy and Cookies Policy

Our Privacy and Cookies Policy indicates the type of processes that may result in data being collected about you. Your use of this website gives us the right to collect that information.

  Privacy: Your Personal Information

As a user of this site, we may collect and process your personal information.

  Types of information:

  Website Cookies and link tracking

Cookies allow us to provide important site functionality, so you don’t have to re-enter lots of information. They also allow us to remember what links and pages have been clicked or viewed during a session. If you have provided us with personal data, completing a contact form for example, we may associate this personal data with other information. This will allow us to identify and record what is most relevant to you.

By using your browser controls, you are always in control of the cookies we store and access on your computer.

  Types of Communication

  By Email

By submitting your email address, you are consenting to receive the piece of information you requested, as well as allowing us to send you appropriate and useful communications. You can unsubscribe from our communications by clicking the link in the footer of the email of any emails you receive from us.

By Phone

By submitting your telephone number, you are consenting to receive contact by phone.

Information Usage

We use the information collected primarily to process your request for information. Data collected in the UK is held in accordance with the Data Protection Act. All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.

  The information held about you might be used in the following ways:

To ensure the content from our site is presented in the most effective manner.

To provide you with information or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

To notify you about changes to our service.

We will not pass on your data to third parties without your consent.

  Use of Cookies

Cookies are small text files placed onto your computer by the websites you visit. They are used to make websites work, to improve efficiency, the user experience and to provide usage information on websites.

  By configuring your web browser, you can choose whether to accept cookies. Most web browser software is initially set up to accept them. If you do not want to receive cookies you should change your browser settings. Please note by disabling cookies, some services or website functionality may not be available. For further information about cookies and how to disable them please go to aboutcookies.org.

  Cookie we use:

The cookies we use fall into two categories:

  Essential cookies: These are cookies required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, and to use online forms.

Analytical cookies: They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring users are finding what they are looking for easily.

  The cookies we use are:

  Google Analytics Cookies

Google Analytics is a tool that monitors websites and allows us to see volumes of website visitors, their source, and to analyse how our website is viewed and navigated. This allows optimisation of the content and pages on www.thecreativemarketingstudio.co.uk and the marketing programs that drive traffic to the website. Google Analytics does not store any personal information about website visitors but does use persistent cookies to identify repeat visitors. You may universally opt-out of all Google Analytics tracking used by all websites.

Legal Notices

Copyright Notice

The contents of this Web site are copyright © 2019, Artmedia.co.za, Inc. All rights reserved.

Trademark Notices

AM Creative Studio and certain other marks in this Web site are the trademarks, trade names, and service marks of AM Creative Studio, Inc. (the "Company"). Any use of such marks without the prior written consent of the Company prohibited. Other trademarks and logos are the property of the parties to whom they are attributed.

Policy on Third Party Legal Process

It is the Company's policy to respond with reasonable promptness to subpoenas and other legal process served on the Company or its subsidiaries that seek information, documents or other business records. Third parties wishing to serve such process on the Company may do so in writing to AM Creative Studio, 9 Lemoen Street Boksburg

The Company expressly reserves any rights under applicable law in connection with its receipt, evaluation and any response to, any third party requests or legal process.

Legal Agreements

Any use, display or reproduction of this website is subject to the Website Terms of Use. By visiting this website you agree to the Website Terms of Use.

This website may collect information from visitors to this website. All such information is subject to our Privacy Policy. By visiting this website or providing any information to this website you accept our Privacy Policy.

Telephone Monitoring

To ensure the Company's customers receive quality service, the Company randomly selects phone calls for monitoring. These calls, between the Company's customers and employees, are evaluated by supervisors to ensure that prompt, consistent assistance and accurate information is delivered in a professional manner. The Company may also record telephone calls between its employees and its customers to create a permanent record of the customer's agreement to pricing and other terms and conditions.

Privacy Policy

AM Creative Studio (the "Company") respects the privacy of its subscribers and the visitors and users of its websites.

This policy ("Privacy Policy") is intended to inform you of our policies and practices regarding the collection, use and disclosure of any personal information we obtain about you based upon your use of our website, products or services.

The Company collects information differently from different types of website users. Visitors to the Company's website are divided into two categories:

"Subscribers" are users who have registered to use the Company's services or have otherwise provided their contact information to the Company pursuant to this Privacy Policy.

"Unregistered Users" are persons who are not Subscribers who visit any of the Company's websites.

How the Company Collects Personal Information

"Personal Information" is information about you that is personally identifiable to you such as your name, address, e-mail address, phone number, and other non-public information that is associated with the foregoing, as well as log-in information and passwords (other than log-in information and passwords that constitute "Financial Information" as defined below). We pay close attention to how Personal Information is collected, used and shared, and we use Personal Information sensibly.

The Company does not collect Personal Information from Unregistered Users.

The Company collects Personal Information from Subscribers through (a) the online registration process in which Subscribers are asked to identify themselves and to provide their names, addresses, email addresses, telephone numbers and similar identifying information, (b) the process of accepting orders for products from Subscribers (which may take place online, in the case of orders submitted through our Website, or via telephone, in the case of orders submitted over the phone), and (c) third parties and outside sources (where the Company may obtain information about a Subscriber from a source other than the Subscriber's actions and combine that acquired information with information provided by the Subscriber).

User Consent

By visiting our website or using our products or services, you agree to the terms of this Privacy Policy.

Subscribers also agree to the Privacy Policy by entering into an agreement with the Company or otherwise agreeing to provide their contact information to the Company pursuant to this Privacy Policy.

Use of Personal Information

The Personal Information we gather from Subscribers helps us learn about our Subscribers. We use this information to better tailor the features, performance and support of our solutions, products and services, and to contact you from time to time with information and offers about our or a third party's products and services.

We may also use Personal Information collected from Subscribers to suggest, through the interactive functions available on the Company's website, other products and services that may be of interest to the Subscriber based upon the Subscriber's website usage history and personal profile. We may also share Personal Information of Subscribers with other businesses to offer Subscribers products, services, and promotions. In addition, we may share such Personal Information with other businesses that may contact Subscribers regarding requests for service. We may also use Personal Information to provide Subscribers with electronic newsletters or promotional e-mails as well as information and offers about our products and services.

Use of Financial Information

We may use Financial Information collected from Subscribers in order to bill Subscribers for fees due, process payments, collect amounts due, manage Subscriber billing disputes and otherwise manage the billing and collection of fees from Subscribers in accordance with the Subscription Agreement (collectively, the "Billing Process").

We do not share Financial Information with other parties (except to the extent Financial Information is shared with banks, financial intermediaries or collection agencies in connection with the Billing Process).

Personal and Non-Personal Information Collected via Technology

As you navigate our website, certain passive information may also be collected, including your Internet Protocol address, browser type, and operating system. We also use cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed. We may also collect information about you and the websites you have visited from Web beacons and other technical sources that might tell us information such as other websites visited, the pages you have visited recently, Web searches you have conducted and other information about your use of the Web. This information may be shared with third parties, and such third parties may store such data, but only as aggregate statistics which will not include personally identifiable information, for the purposes of improving our Advertising or making our solutions and services more useful to you.

Personal Information We Receive from Other Sources

We may receive Personal Information about you from other sources like telephone or fax number. We may add this information to the information we have already collected about you in order to improve the solutions and services we provide.

Disclosure of Personal Information

Except as otherwise stated in this Privacy Policy, we do not generally sell Personal Information to third parties. We may engage third parties to assist us, and, in connection with such assistance, we may provide them with Personal Information that we have collected from Subscribers and that is necessary for them to assist us.

We also use third parties to maintain and store Personal Information and to process any payment you make to us. Generally, these third parties are required not to use your Personal Information other than to provide the services requested by the Company.

We may at any time have subsidiaries and other companies under a common control (collectively, "affiliates"). We may share some or all of your Personal Information with these affiliates, in which case we will require our affiliates to honor this Privacy Policy.

If our Company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on the Company; or (b) to protect and defend the rights or property of the Company or our subscribers.

Your Choices Regarding Your Personal Information

Should you decide to stop receiving e-mail communications or newsletters from us, you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail. If at any time you wish to subscribe to any communications from us, you may do so by contacting us at info@artmedia.co.za. Despite your indicated e-mail preferences, we may send you e-mail regarding updates to legal notices applicable to the account you created with us. From time to time, we may contact you by telephone to offer you products or services that we believe may be valuable to you. Should you prefer not to receive such calls, please advise the representative who contacts you or contact customer service.

Regarding Minors

Our services are not designed for minors under the age of 18. We do not intentionally gather Personal Information about visitors who are under the age of 18.

Links to Other Sites

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

Security

We use reasonable measures to maintain the security of your Personal Information. Even so, technical mistakes are possible. No service provider, including our Company, can fully eliminate security risks associated with Personal Information.

Contact Us

Should you have any questions or concerns regarding this Privacy Policy, please contact us:

AM Creative Studio.

Lemoen Street Boksburg

1459

Privacy Policy Updates

This Privacy Policy is subject to occasional revision, and if we make any changes in the way we use your Personal Information, we will notify you by posting an updated Private Policy at www.artmedia.co.za. If you object to any such changes, you must cease using our website, products or services. Continued use of our website, products or services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Choice of Law

If you choose to visit the Company's website or use our products or services, any dispute over privacy is subject to this Privacy Policy and is governed by the laws of South Africa.

Terms of Sale

These Terms of Sale (these "Terms") govern all purchases of goods or services through this website (this "Website") from AM Creative Studio, Inc. (the "Seller"). Anyone purchasing goods or services through this Website (each, a "Buyer") agrees to be bound by these Terms.

1. All sales of the goods covered hereunder (the "Goods") are F.O.B. Seller's shipping point, regardless of the means of delivery to Buyer, with title and risk of loss passing to Buyer at such time.

2. Except as expressly warranted by Seller in its written warranty applicable to the Goods, Seller makes NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer agrees to assume all risks and liability for the Goods, whether used individually or in combination with other goods.

3. Buyer shall inspect the Goods immediately upon arrival and shall within three (3) business days after arrival give written notice to Seller of any claim that (1) the Goods do not conform with the terms of the Buyer's purchase order (the "Order") or (2) that the Goods are defective, provided that a visual inspection should have revealed such defect. If Buyer shall fail to give such notice, the Goods shall be deemed to conform to the terms of the Order, and Buyer shall be deemed to have accepted and shall pay for the Goods in accordance with the terms of the Order and these Terms (together, the "Agreement").

4. Buyer agrees to indemnify and hold Seller harmless from any and all claims, actions, liability, loss, damage or expense (including, without limitation, reasonable attorneys' fees) with respect to any suit, claim, demand or other proceeding arising out of or relating to the Goods, except to the extent relating to a breach of Seller's express written warranty made herein.

5. Seller's liability to Buyer, or person or entity purchasing from Buyer, shall be limited to the extent permitted by law, to the express warranties set forth in Seller's written warranty applicable to the Goods. Seller shall not be bound by any claim adjustment made by Buyer without prior written authorization by Seller's representative. Return of Goods will not be accepted unless a written authorization for return has been given by Seller. Any unauthorized returns are subject to refusal by Seller and may be returned to Buyer on a freight collect basis. SELLER SHALL HAVE NO LIABILITY TO BUYER (OR ANY PERSON OR ENTITY CLAIMING THROUGH BUYER) FOR LOST PROFITS, LOSS OF REVENUE, OR FOR INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES AND THESE ARE HEREBY WAIVED BY BUYER.

6. The terms of payment for the Goods shall be as stated on each invoice or, if the Order is placed through the Website, on the final confirmation page before the Order is submitted. Payment terms begin from the date of invoice, or with respect to any Order placed through the Website on the date the Order is submitted.

7. Credit arrangements are subject to written approval of Seller and are subject to change without notice. In the event Buyer fails to fulfill the terms of payment or in the event Seller shall have any doubt at any time as to Buyer's financial responsibility, Seller may decline to make further deliveries except upon receipt of cash or satisfactory security.

8. Buyer shall reimburse Seller for all taxes, excises or other charges that Seller may be required to collect for and/or pay to the government upon the sale or transportation of the Goods.

9. No liability shall result from delay in performance or nonperformance of this Agreement directly or indirectly caused by fire, explosion, accidents, flood, or other act of God, labor trouble or shortage, act of or authorized by any government, inability to obtain suitable material, equipment, fuel, power or transportation, or arising from contingencies, happenings or causes beyond the control of the party affected. Seller shall not be required to provide quantities of Goods so affected by any such circumstances, but this Agreement shall otherwise remain unaffected.

10. Orders are not assignable or transferable by Buyer in whole or in part, except with the prior written consent of Seller.

11. In the event of inability for any reason to supply the total demands for the Goods specified, Seller may allocate its available supply among any or all of customers on such basis as it may deem fair and practical, without liability for any failure of performance which may result there from.

12. Seller's Website may contain functions that allow the Buyer to purchase Goods (as applicable, "Customized Goods") that have been customized by the addition of trademarks, logos, copywritten material or other marks that are provided by, or specified by, the Buyer (as applicable, "Buyer Marks"). Buyer represents and warrants that, with respect to any Customized Goods ordered by Buyer, Buyer will have absolute ownership or an appropriate license to use, display and create derivative works from, all Buyer Marks that Buyer may provide or specify. In addition to any other remedies Seller may have at law or in equity, Buyer agrees to indemnify, defend and hold harmless Seller and its subcontractors, agents, partners, principals, members, officers and employees (an "Indemnified Party") from and against any and all liability, expenses, including reasonable legal fees, and claims for damages to the extent resulting from any Buyer Marks or any breach by Buyer of the foregoing representation and warranty that results in a third party claim against the Indemnified Party alleging that such Indemnified Party has infringed the intellectual property rights of such third party.

13. This Agreement shall be construed and enforced in accordance with the laws of South Africa.

14. Buyer agrees that Seller may use Buyer's name and logo on Seller's website and in other marketing materials to identify Buyer as a customer of Seller.

15. No terms or conditions other than those stated in this Agreement shall be binding on Seller unless such modifications or additional terms are made in writing and executed by an officer of Seller. No terms or conditions contained herein shall be deemed affected by Buyer's documents containing other or different terms and conditions. The terms and conditions of this Agreement shall take precedence over any different or conflicting terms in Buyer's Order or other Buyer documents. Acceptance by Seller of the Order is expressly limited to the terms and conditions contained in this Agreement. In the event an Order shall be deemed an acceptance of Buyer's offer, the Order is expressly conditioned upon Buyer's assent of the terms and conditions contained in this Agreement. A written contract between Buyer and Seller that expressly references this Agreement may supersede this Agreement to the extent, and in the manner, provided therein.

16. In the event an order is confirmed as approved and such order is subsequently canceled, regardless of the timeframe after approval, Buyer may be subject to an Order Termination Fee, whichever is greater. If applied, this fee shall be subtracted from any refund for such canceled order regardless of the payment method or the reason for such cancellation.

17. Products featured and/or sold on our site are sold for use in a business context and are not suitable for use by children or meant to be used as children's toys. Products are not labeled, packaged, or tested as such and Pinnacle cannot be held liable for any use by children regardless of their intended purpose when purchased.

Terms of Use

Welcome to the AM Creative Studio website (the "Site"). By accessing this Site, you agree to be bound by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Site. AM Creative Studio, Inc. (the "Company") may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

Copyright and Trademark Notice

This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of the Company or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of the Company or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of the Company is prohibited .

The Site and its Contents are intended solely for personal, noncommercial use by the users of the Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

Your Comments

We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, "Comments"). You grant the Company and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.

Privacy

It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our privacy policy (the "Privacy Policy") is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Linked Sites

This Site may contain links to other websites ("Linked Sites"). The Company does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.

Disclaimer

This site, its contents, and all information, products, and services contained in or offered through this site are provided on an "as is" and "as available" basis without representations or warranties of any kind. The Company expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. The Company does not warrant that this Site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the Site or the server that makes it available are free of viruses or other harmful components. All information on the Site is subject to change without notice.

Indemnification

You agree to defend, indemnify, and hold the Company harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.

Limitation of Liability

In no event shall the Company be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this Site, whether in an action under contract, negligence, or any other theory, even if the Company has been advised of the possibility of such damages.

Legal Notices

Copyright Notice

The contents of this Web site are copyright © 2019, AM Creative Studio, Inc. All rights reserved.

Trademark Notices

AM Creative Studio and certain other marks in this Web site are the trademarks, trade names, and service marks of AM Creative Studio, Inc. (the "Company"). Any use of such marks without the prior written consent of the Company prohibited. Other trademarks and logos are the property of the parties to whom they are attributed.

Policy on Third Party Legal Process

It is the Company's policy to respond with reasonable promptness to subpoenas and other legal process served on the Company or its subsidiaries that seek information, documents or other business records. Third parties wishing to serve such process on the Company may do so in writing to AM Creative Studio,

The Company expressly reserves any rights under applicable law in connection with its receipt, evaluation and any response to, any third party requests or legal process.

Legal Agreements

Any use, display or reproduction of this website is subject to the Website Terms of Use. By visiting this website you agree to the Website Terms of Use.

This website may collect information from visitors to this website. All such information is subject to our Privacy Policy. By visiting this website or providing any information to this website you accept our Privacy Policy.

Telephone Monitoring

To ensure the Company's customers receive quality service, the Company randomly selects phone calls for monitoring. These calls, between the Company's customers and employees, are evaluated by supervisors to ensure that prompt, consistent assistance and accurate information is delivered in a professional manner. The Company may also record telephone calls between its employees and its customers to create a permanent record of the customer's agreement to pricing and other terms and conditions.

Privacy Policy

PINNACLE PROMOTIONS, INC. (the "Company") respects the privacy of its subscribers and the visitors and users of its websites.

This policy ("Privacy Policy") is intended to inform you of our policies and practices regarding the collection, use and disclosure of any personal information we obtain about you based upon your use of our website, products or services.

The Company collects information differently from different types of website users. Visitors to the Company's website are divided into two categories:

"Subscribers" are users who have registered to use the Company's services or have otherwise provided their contact information to the Company pursuant to this Privacy Policy.

"Unregistered Users" are persons who are not Subscribers who visit any of the Company's websites.

How the Company Collects Personal Information

"Personal Information" is information about you that is personally identifiable to you such as your name, address, e-mail address, phone number, and other non-public information that is associated with the foregoing, as well as log-in information and passwords (other than log-in information and passwords that constitute "Financial Information" as defined below). We pay close attention to how Personal Information is collected, used and shared, and we use Personal Information sensibly.

The Company does not collect Personal Information from Unregistered Users.

The Company collects Personal Information from Subscribers through (a) the online registration process in which Subscribers are asked to identify themselves and to provide their names, addresses, email addresses, telephone numbers and similar identifying information, (b) the process of accepting orders for products from Subscribers (which may take place online, in the case of orders submitted through our Website, or via telephone, in the case of orders submitted over the phone), and (c) third parties and outside sources (where the Company may obtain information about a Subscriber from a source other than the Subscriber's actions and combine that acquired information with information provided by the Subscriber).

How the Company Collects Financial Information

"Financial Information" is information about a person's financial condition or information about a person's bank accounts, credit accounts, financial accounts, payment history and records of invoices to that person, payments made by that person, other information pertaining to payment obligations and log-in information and payments to online accounts that have the power to initiate or receive payments.

We pay close attention to how Financial Information is collected, used and shared, and we use Financial Information sensibly.

The Company does not collect Financial Information from Unregistered Users.

The Company collects Personal Information from Subscribers through the online registration process and through the online billing process in which Subscribers are asked to provide a means of effecting payment for products or services purchased from the Company and through which information is created pertaining to Company invoices, Subscriber payments and other data pertaining to Customer payment obligations.

User Consent

By visiting our website or using our products or services, you agree to the terms of this Privacy Policy.

Subscribers also agree to the Privacy Policy by entering into an agreement with the Company or otherwise agreeing to provide their contact information to the Company pursuant to this Privacy Policy.

Use of Personal Information

The Personal Information we gather from Subscribers helps us learn about our Subscribers. We use this information to better tailor the features, performance and support of our solutions, products and services, and to contact you from time to time with information and offers about our or a third party's products and services.

We may also use Personal Information collected from Subscribers to suggest, through the interactive functions available on the Company's website, other products and services that may be of interest to the Subscriber based upon the Subscriber's website usage history and personal profile. We may also share Personal Information of Subscribers with other businesses to offer Subscribers products, services, and promotions. In addition, we may share such Personal Information with other businesses that may contact Subscribers regarding requests for service. We may also use Personal Information to provide Subscribers with electronic newsletters or promotional e-mails as well as information and offers about our products and services.

Use of Financial Information

We may use Financial Information collected from Subscribers in order to bill Subscribers for fees due, process payments, collect amounts due, manage Subscriber billing disputes and otherwise manage the billing and collection of fees from Subscribers in accordance with the Subscription Agreement (collectively, the "Billing Process").

We do not share Financial Information with other parties (except to the extent Financial Information is shared with banks, financial intermediaries or collection agencies in connection with the Billing Process).

Personal and Non-Personal Information Collected via Technology

As you navigate our website, certain passive information may also be collected, including your Internet Protocol address, browser type, and operating system. We also use cookies and navigational data like Uniform Resource Locators (URL) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed. We may also collect information about you and the websites you have visited from Web beacons and other technical sources that might tell us information such as other websites visited, the pages you have visited recently, Web searches you have conducted and other information about your use of the Web. This information may be shared with third parties, and such third parties may store such data, but only as aggregate statistics which will not include personally identifiable information, for the purposes of improving our Advertising or making our solutions and services more useful to you.

Personal Information We Receive from Other Sources

We may receive Personal Information about you from other sources like telephone or fax number. We may add this information to the information we have already collected about you in order to improve the solutions and services we provide.

Disclosure of Personal Information

Except as otherwise stated in this Privacy Policy, we do not generally sell Personal Information to third parties. We may engage third parties to assist us, and, in connection with such assistance, we may provide them with Personal Information that we have collected from Subscribers and that is necessary for them to assist us.

We also use third parties to maintain and store Personal Information and to process any payment you make to us. Generally, these third parties are required not to use your Personal Information other than to provide the services requested by the Company.

We may at any time have subsidiaries and other companies under a common control (collectively, "affiliates"). We may share some or all of your Personal Information with these affiliates, in which case we will require our affiliates to honor this Privacy Policy.

If our Company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on the Company; or (b) to protect and defend the rights or property of the Company or our subscribers.

Your Choices Regarding Your Personal Information

Should you decide to stop receiving e-mail communications or newsletters from us, you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail. If at any time you wish to subscribe to any communications from us, you may do so by contacting us at info@pinnaclepromotions.com. Despite your indicated e-mail preferences, we may send you e-mail regarding updates to legal notices applicable to the account you created with us. From time to time, we may contact you by telephone to offer you products or services that we believe may be valuable to you. Should you prefer not to receive such calls, please advise the representative who contacts you or contact customer service.

Regarding Minors

Our services are not designed for minors under the age of 18. We do not intentionally gather Personal Information about visitors who are under the age of 18.

Links to Other Sites

Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

Security

We use reasonable measures to maintain the security of your Personal Information. Even so, technical mistakes are possible. No service provider, including our Company, can fully eliminate security risks associated with Personal Information.

Contact Us

Should you have any questions or concerns regarding this Privacy Policy, please contact us:

PINNACLE PROMOTIONS, INC.

4855 Peachtree Industrial Blvd

Suite 235

Norcross, GA 30092

Privacy Policy Updates

This Privacy Policy is subject to occasional revision, and if we make any changes in the way we use your Personal Information, we will notify you by posting an updated Private Policy at www.pinnaclepromotions.com. If you object to any such changes, you must cease using our website, products or services. Continued use of our website, products or services following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

Terms of Sale

These Terms of Sale (these "Terms") govern all purchases of goods or services through this website (this "Website") from AM Creative Studio, Inc. (the "Seller"). Anyone purchasing goods or services through this Website (each, a "Buyer") agrees to be bound by these Terms.

1. All sales of the goods covered hereunder (the "Goods") are F.O.B. Seller's shipping point, regardless of the means of delivery to Buyer, with title and risk of loss passing to Buyer at such time.

2. Except as expressly warranted by Seller in its written warranty applicable to the Goods, Seller makes NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Buyer agrees to assume all risks and liability for the Goods, whether used individually or in combination with other goods.

3. Buyer shall inspect the Goods immediately upon arrival and shall within three (3) business days after arrival give written notice to Seller of any claim that (1) the Goods do not conform with the terms of the Buyer's purchase order (the "Order") or (2) that the Goods are defective, provided that a visual inspection should have revealed such defect. If Buyer shall fail to give such notice, the Goods shall be deemed to conform to the terms of the Order, and Buyer shall be deemed to have accepted and shall pay for the Goods in accordance with the terms of the Order and these Terms (together, the "Agreement").

4. Buyer agrees to indemnify and hold Seller harmless from any and all claims, actions, liability, loss, damage or expense (including, without limitation, reasonable attorneys' fees) with respect to any suit, claim, demand or other proceeding arising out of or relating to the Goods, except to the extent relating to a breach of Seller's express written warranty made herein.

5. Seller's liability to Buyer, or person or entity purchasing from Buyer, shall be limited to the extent permitted by law, to the express warranties set forth in Seller's written warranty applicable to the Goods. Seller shall not be bound by any claim adjustment made by Buyer without prior written authorization by Seller's representative. Return of Goods will not be accepted unless a written authorization for return has been given by Seller. Any unauthorized returns are subject to refusal by Seller and may be returned to Buyer on a freight collect basis. SELLER SHALL HAVE NO LIABILITY TO BUYER (OR ANY PERSON OR ENTITY CLAIMING THROUGH BUYER) FOR LOST PROFITS, LOSS OF REVENUE, OR FOR INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES AND THESE ARE HEREBY WAIVED BY BUYER.

6. The terms of payment for the Goods shall be as stated on each invoice or, if the Order is placed through the Website, on the final confirmation page before the Order is submitted. Payment terms begin from the date of invoice, or with respect to any Order placed through the Website on the date the Order is submitted.

7. Credit arrangements are subject to written approval of Seller and are subject to change without notice. In the event Buyer fails to fulfill the terms of payment or in the event Seller shall have any doubt at any time as to Buyer's financial responsibility, Seller may decline to make further deliveries except upon receipt of cash or satisfactory security.

8. Buyer shall reimburse Seller for all taxes, excises or other charges that Seller may be required to collect for and/or pay to the government upon the sale or transportation of the Goods.

9. No liability shall result from delay in performance or nonperformance of this Agreement directly or indirectly caused by fire, explosion, accidents, flood, or other act of God, labor trouble or shortage, act of or authorized by any government, inability to obtain suitable material, equipment, fuel, power or transportation, or arising from contingencies, happenings or causes beyond the control of the party affected. Seller shall not be required to provide quantities of Goods so affected by any such circumstances, but this Agreement shall otherwise remain unaffected.

10. Orders are not assignable or transferable by Buyer in whole or in part, except with the prior written consent of Seller.

11. In the event of inability for any reason to supply the total demands for the Goods specified, Seller may allocate its available supply among any or all of customers on such basis as it may deem fair and practical, without liability for any failure of performance which may result there from.

12. Seller's Website may contain functions that allow the Buyer to purchase Goods (as applicable, "Customized Goods") that have been customized by the addition of trademarks, logos, copywritten material or other marks that are provided by, or specified by, the Buyer (as applicable, "Buyer Marks"). Buyer represents and warrants that, with respect to any Customized Goods ordered by Buyer, Buyer will have absolute ownership or an appropriate license to use, display and create derivative works from, all Buyer Marks that Buyer may provide or specify. In addition to any other remedies Seller may have at law or in equity, Buyer agrees to indemnify, defend and hold harmless Seller and its subcontractors, agents, partners, principals, members, officers and employees (an "Indemnified Party") from and against any and all liability, expenses, including reasonable legal fees, and claims for damages to the extent resulting from any Buyer Marks or any breach by Buyer of the foregoing representation and warranty that results in a third party claim against the Indemnified Party alleging that such Indemnified Party has infringed the intellectual property rights of such third party.

13. This Agreement shall be construed and enforced in accordance with the laws of South Africa.

14. Buyer agrees that Seller may use Buyer's name and logo on Seller's website and in other marketing materials to identify Buyer as a customer of Seller.

15. No terms or conditions other than those stated in this Agreement shall be binding on Seller unless such modifications or additional terms are made in writing and executed by an officer of Seller. No terms or conditions contained herein shall be deemed affected by Buyer's documents containing other or different terms and conditions. The terms and conditions of this Agreement shall take precedence over any different or conflicting terms in Buyer's Order or other Buyer documents. Acceptance by Seller of the Order is expressly limited to the terms and conditions contained in this Agreement. In the event an Order shall be deemed an acceptance of Buyer's offer, the Order is expressly conditioned upon Buyer's assent of the terms and conditions contained in this Agreement. A written contract between Buyer and Seller that expressly references this Agreement may supersede this Agreement to the extent, and in the manner, provided therein.

16. In the event an order is confirmed as approved and such order is subsequently canceled, regardless of the timeframe after approval, Buyer may be subject to an Order Termination Fee If applied, this fee shall be subtracted from any refund for such canceled order regardless of the payment method or the reason for such cancellation.

17. Products featured and/or sold on our site are sold for use in a business context and are not suitable for use by children or meant to be used as children's toys. Products are not labeled, packaged, or tested as such and Pinnacle cannot be held liable for any use by children regardless of their intended purpose when purchased.

Terms of Use

Welcome to the AM Creative Studio website (the "Site"). By accessing this Site, you agree to be bound by the terms and conditions below (the "Terms"). If you do not agree to all of the Terms, please do not use the Site. AM Creative Studio, Inc. (the "Company") may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.

Copyright and Trademark Notice

This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of the Company or its third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, "Marks") of the Company or its third-party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of the Company is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.

The Site and its Contents are intended solely for personal, noncommercial use by the users of the Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.

Your Comments

We appreciate your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, "Comments"). You grant the Company and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.

Privacy

It is our policy to respect the privacy of individuals who visit the Site or provide Comments to us. Our privacy policy (the "Privacy Policy") is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

Linked Sites

This Site may contain links to other websites ("Linked Sites"). The Company does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.

Disclaimer

This site, its contents, and all information, products, and services contained in or offered through this site are provided on an "as is" and "as available" basis without representations or warranties of any kind. The Company expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. The Company does not warrant that this Site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the Site or the server that makes it available are free of viruses or other harmful components. All information on the Site is subject to change without notice.

Indemnification

You agree to defend, indemnify, and hold the Company harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.

Limitation of Liability

In no event shall the Company be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this Site, whether in an action under contract, negligence, or any other theory, even if the Company has been advised of the possibility of such damages.

Website Design Terms and Conditions

With the exception of any third-party materials and background technology, the Customer is deemed the owner of the Custom Website and Customer Content designed by AM Creative Studio. “Customer Content” refers to all content or information (including, but not limited to, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by the Customer to AM Creative Studio., “Third-Party Materials” refers to any content, software, or other computer programming material that is owned by an entity other than AM Creative Studio., and licensed by AM Creative Studio. or generally available to the public, including the Customer, under published licensing terms, and that AM Creative Studio. will use in the development of or to display or run a Custom Website. This excludes, without limitation any content, graphic, video, music, sound manipulation to images or video supplied by the Customer to AM Creative Studio.

The graphics utilised from the graphics library of AM Creative Studio. (if requested) are licensed from third-party suppliers OR obtained on a free-to-use basis. AM Creative Studio. will provide the Customer a limited, personal, nonexclusive, nontransferable license to use the graphics during the term of this Agreement. Upon written request, AM Creative Studio. will deliver the Customer’s source files and database script, if applicable, at a predetermined price, indicated upon request from the Customer, for the source code. The Customer will be required to remit full payment of the fees prior to AM Creative Studio. providing the information via a method agreed upon between AM Creative Studio. and the Customer. Further, AM Creative Studio. will bill pro-rata from the time of signup.

AM Creative Studio. reserves the right to refuse any material that it considers offensive.

Definitions:

Review

Is considered to be entered upon first presentation of the website design to the customer. The Review stage lasts 5 days at which point after the status of the website will then switch to Deployment. The automatic update of the review status will take place if AM Creative Studio. does not hear back from the customer regarding any amendments or changes that the customer wishes to effect. Should we receive communication during this timeframe, AM Creative Studio. will execute the changes and then present the customer with the modifications at which point the status of the Website will then move into a Deployment status. The customer will be able to make as many changes as they see fit during this 5-day period.

Deployment

Is considered to be a final status and commences after the Review stage. The customer accepts that with no communication from them to AM Creative Studio. during a review process (5 days after the first presentation), AM Creative Studio. will accept the customer’s silence as assent to deploy their website.

Terms and Conditions

General

AM Creative Studio. reserves the right to change or modify any of the terms and conditions contained in this agreement.

This is an agreement between you and AM Creative Studio. regarding your use of AM Creative Studio.’s services, products, computers, interactive information, communications, intellectual property and server management service, and supersedes all prior agreements. All such usage shall be subject to the terms and conditions and policies set out in this agreement as read with the terms and conditions applicable to the relevant product or service (collectively, “the / this Agreement”).

This Agreement applies to all accounts, sub-accounts, and any alternative account names associated with your principal account. The Account Holder is responsible for the use of each account in any way, whether used under any name or by any individual, and for ensuring full compliance with this Agreement by all users of that account.

In circumstances of the Consumer Protection Act, 2008 (“the CPA”) being applicable to this Agreement, the provisions of the CPA shall prevail should there be a conflict between any provision of this Agreement and the provisions of the CPA.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Acceptable Use Policy

1. By using AM Creative Studio.’s services, you agree to adhere to our Policies and Procedures, including this Acceptable Use Policy (AUP).

General and Acceptable Use

1. You are expected to use AM Creative Studio.’s services with respect, courtesy, and responsibility, giving due regard to the rights of other users. We expect you to have a basic understanding of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are unacceptable. Common sense is regarded as the best guide for what is considered acceptable use.

Unacceptable Use

1. Illegality in any way or form including, but not limited to, activities such as unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery or in any other way, drug dealing, and other illegal activities.

2. AM Creative Studio.’s services and servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s” etc.

3. Due to the nature of a shared web hosting environment, AM Creative Studio. reserves the right to ask customers to upgrade or correct issues pertaining to their shared web hosting package, or to correct issues on their shared web hosting package, should it negatively affect the network or server performance for the majority of our customers.

4. The AM Creative Studio. shared web hosting platform is intended for hosting a website with relevant, appropriate and legal content and function for a personal or small home business without the concern of traffic overages. The use of the service should not be indicative for large scale enterprises or applications where a dedicated server would be more suited.

5. AM Creative Studio. prohibits the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.

6. The use of dedicated or shared hosting services for hosting torrent boxes and/or running proxies is strictly forbidden. Servers continuously running a risk of supporting these types of services will be disabled and terminated from our network with immediate effect.

7. Posting of defamatory, scandalous, violent or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

8. Any unacceptable use of the services constitutes a material breach of these Terms and Conditions of Use, and AM Creative Studio. fully and solely reserves its rights in this regard.

Interpretation

1. The provisions of this Policy are not meant to be exhaustive, but are intended as guidelines. Generally, any behaviour that breaches or violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is strictly prohibited. AM Creative Studio. reserves the right at all times to prohibit conduct that damage its reputation and goodwill in any way.

System and Network Security

1. Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following:

1. unauthorised access, use, probe, or scan of a system’s security or authentication measures, data or traffic;

2. interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

3. forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; and

4. employing posts or programs which consume excessive CPU time or storage space, permits the use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for their own account; or resale of access to CGI scripts installed on our servers.

Spamming

1. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site or distributing, advertising or promoting products or software or services that have the primary purpose of encouraging or facilitating unsolicited commercial email or spam.

2. It is in violation of AM Creative Studio.’s Policy for customers to use our servers to effect or participate in any way in any of the following activities:

1. To post to any Usenet or other newsgroups, forums, email mailing lists or other similar groups or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;

2. To send unsolicited mass emails, if such emails provoke complaints from the recipients;

3. To engage in any of the foregoing activities using the service of another provider, but channelling such activities through a AM Creative Studio. provided server, or using a AM Creative Studio. provided server as a maildrop for responses;

4. To falsify user information provided to AM Creative Studio. or to other users of the service in connection with use of a AM Creative Studio. service.

3. We reserve the right to suspend a service due to spam activity. A reactivation charge will be applicable.

Determination of a Breach of This Policy

1. AM Creative Studio. will be the sole arbiters and have a sole and complete discretion in determining what is seen as a violation of this Policy.

Consequences of Breach of This Policy

1. When AM Creative Studio. becomes aware of an alleged violation of its AUP (Acceptable Use Policy), AM Creative Studio. will initiate an investigation (within 24-48 hours). During the investigation AM Creative Studio. may restrict your access in order to prevent further possible unauthorised activity. If you are found in violation of our SPAM Policy, AM Creative Studio. may, at its sole discretion, restrict, suspend, or terminate your account and/or pursue other civil remedies. Also, AM Creative Studio. reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated Policy violation. If such violation is a criminal offence, AM Creative Studio. will notify the appropriate law enforcement department of such violation.

2. Artmedia does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

3. You shall be held liable for any and all costs incurred by AM Creative Studio. as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorised bulk mailings and/or news server violations.

4. First violations will result in a Cleanup Fee of R1500 and your account will be reviewed for possible immediate termination.

5. A second violation will result in Cleanup Fee of R3500 and immediate termination of your account.

6. The Customer who violates this Policy agrees to also pay Investigation Fees of no more than R1500 per hour that AM Creative Studio. personnel must spend to investigate any violations.

Modification

1. AM Creative Studio. may at times, with reasonable notice to Customers, revise or amend its current Shared and Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes.

2. AM Creative Studio. reserves the right to add, delete, or modify any provision of this Policy at any time without notice.

Reporting Network Abuse

1. Any party seeking to report any violations AM Creative Studio.’s Policy may contact via email: info@artmedia.co.za

Website Takedowns

1. All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA), which AM Creative Studio. has appointed as its agent for the purposes of receipt of takedown notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002:

Website: www.ispa.org.za/

Email: takedown@ispa.org.za

Disclaimers and Limitation of Liability

1. You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any violation of this Agreement is solely limited to the amount you paid for such Services. We and our contractors shall not be held liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.

2. We disclaim any and all loss or liability resulting from, but not limited to, loss or liability resulting from:

1. access delays or access interruptions;

2. data non-delivery or data mis-delivery;

3. acts of God;

4. the unauthorised use or misuse of your account identifier or password;

5. errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;

6. the interruption of your Service.

3. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

4. Subject always to the provisions of the CPA, to the extent that it is applicable, AM Creative Studio.’s services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. AM Creative Studio. expressly disclaims any representation or warranty that the AM Creative Studio. services will be error-free, secure or uninterrupted.

5. No oral advice or written information given by AM Creative Studio., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.

6. AM Creative Studio. will use its best efforts to maintain a full-time Internet presence for the Account Holder. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.

7. The terms of this Section will survive any termination of this Agreement.

Responsibility for Content and Account Holder Indemnities

1. You agree to indemnify and hold AM Creative Studio. harmless from any and all Claims resulting from or connected with any activities conducted by you. You and AM Creative Studio. will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.

2. You agree not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. AM Creative Studio. reserves the right to refuse service if any of the content within, or any links from, your website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or AM Creative Studio.’s then current Acceptable Use Policy, in the sole and absolute opinion of AM Creative Studio.

3. AM Creative Studio. will not change passwords to any account without proof of identification, which is satisfactory to AM Creative Studio., which may include written authorisation with signature. In the event of any partnership break-up, divorce or other legal problems that includes you, you understand that AM Creative Studio. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will AM Creative Studio. be liable for any losses incurred by you during this time of determination of ownership, or otherwise. You agree to indemnify and hold harmless AM Creative Studio. from any and all Claims arising from such ownership disputes.

4. You agree to indemnify and hold AM Creative Studio. and any other Account Holder harmless from any and all Claims resulting from your use of the services provided by AM Creative Studio. The terms of this Section will survive any termination of this Agreement.

5. You agree not to harm AM Creative Studio., its reputation, computer systems, programming and/or other persons using AM Creative Studio.’s services.

6. The terms of this Section will survive any termination of this Agreement.

Variation of Services

1. You agree that AM Creative Studio. may establish certain limits concerning use of any AM Creative Studio. service offered on any AM Creative Studio. website including, without limitation, the maximum number of days that email messages will be retained by any AM Creative Studio. service, the maximum number of email messages that may be sent from or received by an account on any AM Creative Studio. service, the maximum size of an email message that may be sent from or received by an account on any AM Creative Studio. service, the maximum disk space that will be allotted on AM Creative Studio.’s servers on your behalf either cumulatively or for any particular service. You agree that AM Creative Studio. has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any AM Creative Studio. service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any AM Creative Studio. service may change at any time.

2. AM Creative Studio. reserves the right to select the server for your website for best performance. You understand that the services provided by AM Creative Studio. are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If yours website overwhelms the server and causes complaints from other users, you have outgrown the realm of shared servers, and will need to relocate your website. If you refuse to comply with this Section, then AM Creative Studio. has the right to terminate the services provided to you without any refunds of the unused portion prepaid by you.

Non-transferability of Services

1. Your rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of AM Creative Studio.

Passwords

1. You are responsible for maintaining the confidentiality of your password. In the event of a breach of security through your account, you will be liable for any unauthorised use of AM Creative Studio. services, including any damages resulting there from, until you notify AM Creative Studio.’s customer service.

2. The responsibility of all passwords and other related sensitive information is assumed by you, should any additional fee’s arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or “test” accounts) no fault shall be levied on AM Creative Studio.

Assignment of IP Addresses

1. AM Creative Studio. assigns you an Internet Protocol address in connection with your use of the AM Creative Studio. services, the right to use that Internet Protocol address will remain with and belong only to AM Creative Studio., and you will have no right to use that Internet Protocol address except as allowed by AM Creative Studio. in its sole and absolute discretion.

General Provisions

1. This Agreement constitutes the entire agreement between you and AM Creative Studio. with respect to the AM Creative Studio. services and supersedes all prior agreements between you and AM Creative Studio. AM Creative Studio. reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on our Website together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is your obligation to visit our web site on a regular basis in order to determine whether any amendments have been made. Any use by you of the AM Creative Studio. services after the effective date of any such amendment, shall be deemed to constitute acceptance by you of such amendment.

2. AM Creative Studio.’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.

3. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will 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 will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

4. Save where otherwise provided for in this Agreement, if you:

1. fail to pay any amount payable under this Agreement within 10 days after receipt of written demand requiring such payment; or

2. commit a breach of any provision (other than a payment obligation) of this Agreement and, if such breach is capable of remedy, fail to remedy such breach within thirty days after receipt of written demand requiring you to do so;

3. are placed under liquidation, judicial management, business rescue proceedings or any similar disability, whether provisionally or finally and whether voluntarily or compulsorily;

4. commit any act which if committed by a natural person would constitute an act of insolvency;

5. become insolvent;

6. compromise or attempt to compromise generally with any of your creditors;

7. have a final judgment taken against you which is not satisfied within 30 days after the granting of such judgment, then AM Creative Studio. shall be entitled, without prejudice to any of its other rights under this Agreement and/or in law and by giving written notice, to immediately cancel this Agreement or to claim immediate specific performance of all of your obligations whether or not due for performance, in either event without prejudice to AM Creative Studio.’s right to claim damages.

5. The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).

6. You consent to the jurisdiction of the South African courts.

7. The AM Creative Studio. services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.

8. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-business Day.

BILLING TERMS OF GRIDHOST SERVICES (PTY) LTD.

General

1. AM Creative Studio. will provide you with an itemised bill or invoice on request or where this is specified as part of the services provided to you.

2. Accounts are due on invoice presentation date (“Due Date”) shown on all invoices received from AM Creative Studio., unless agreed otherwise. AM Creative Studio. retains the right to impose, subject to a notice period of 7 Business Days, a credit limit on any of it’s customers as and when it sees fit. (Amended 6 May 2015)

3. AM Creative Studio. products and services are not pro-rated.

4. AM Creative Studio. will provide a service to you, as chosen by you, for the period of time (“the Term”) corresponding with the payment plan specific to you or as otherwise specified in the product’s terms and conditions relating to the particular product or service supplied by AM Creative Studio. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated.

Effect of Non-payment

1. In the event of non-payment of an invoice by the stipulated Due Date, without prejudice to any other rights that AM Creative Studio. has in terms of this Agreement or in law, AM Creative Studio. reserves the right to hold you liable for the total amount due pursuant to such invoice.

2. Interest of 2% per month may be charged on all overdue accounts.

3. AM Creative Studio. may halt or completely stop the supply of new services to you and/or terminate current services held by you if payment of any invoice is not made by the Due Date, or if an application for business rescue proceedings or liquidation is filed by or against the customer, or if the customer goes out of business or announces intention to do so.

4. If the supply of new services is stopped or the existing services are terminated in accordance with section 6, the full outstanding balance becomes due and payable immediately.

5. If you pay the amount due in full, you may have your existing services re-activated and also purchase new services.

6. If you neglect to pay the amount due in full, AM Creative Studio. will submit the full overdue amount for Collections. In the event of the account being handed over to an outside collection agency, any costs incurred as such will be for your own account.

7. In the event of suspension due to non-payment, AM Creative Studio. reserves the right to place a “non-payment” page on your domain. Furthermore, the DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received.

8. Please note that admin fees apply in the event that your account is suspended due to non-payments.

9. If the preferred method of payment used by you is EFT, it will be your sole responsibility to ensure your payments are made using the correct beneficiary reference as indicated on all invoicing. Failure to comply may result in an incorrect allocation of your payment which may cause service disruption as a result of the account being suspended due to non-payment.

Domain Rescue Fees

1. Should a local domain, i.e. CO.ZA or .ORG.ZA, expire but fall within the stipulated grace period, a “Domain Rescue” fee will be applicable after successfully retaining the domain after the expiration thereof.

2. Should a local domain, i.e. CO.ZA or .ORG.ZA, expire and fall outside the stipulated grace period, a “Domain Rescue” will also be applicable upon the domain successfully being retained after the expiration thereof.

3. Should an international domain expire but fall within the stipulated grace period, a “Domain Rescue” fee will apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.

4. Should an international domain expire but fall outside of the stipulated grace period, a “Domain Rescue” fee will also apply if the domain is retained after the expiration thereof. In cases where we are charged over and above the prescribed minimum fee by the Registrar, these fees will be carried over to the customer.

Payment Methods and Fees

1. AM Creative Studio. accepts the following payment methods. Debit Order, Credit Card (MasterCard, VISA and AMEX.), EFT and Instant EFT. We recommend that you make payment via Credit Card or Debit Order. This way you stand less chance of forgetting to make your monthly payments. AM Creative Studio. runs debit orders once a week.

2. A processing fee (incl. VAT) is charged on all returned debit orders.

3. The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa and the transaction currency is South African Rand (ZAR).

Refunds

1. AM Creative Studio. will only refund a customer in the event of their account having a credit balance.

2. AM Creative Studio. will process authorised refunds to customers every Wednesday.

Cancellations

1. Cancellations must be done using AM Creative Studio.’s email info@artmedia.co.za

2. Note that by default we operate on an end-of-term basis and, should you cancel a service, the service will be terminated at the end of your current billing period.

3. Domains are eligible to automatically renew for an extra one-year term upon expiry. Renewal notifications will be sent out prior to the renewal, and cancellations may be done before the renewal date.

Downgrades

Definition: “A downgrade occurs when changing your current package to a package with a lower cost.”

Example: Changing from a Linux Large account at R199 to a Linux Medium account at R79 would be considered a downgrade.

1. Downgrades must be done using AM Creative Studio.’s email info@artmedia.co.za

2. We require notification of downgrades on or before the 20th of each month, in order for the downgrade to take effect from the first day of the next month. If you do not provide this notice, you will be charged rate for the existing package in the following month

DISPUTE RESOLUTION

General Dispute Resolution

1. The parties shall attempt to resolve all disputes arising out of this Agreement in the spirit of cooperation and with a problem-solving mind set, without formal proceedings and in agreement with the various dispute resolution procedures provided.

2. In the event of the dispute not being resolved, please follow the general complaint procedure as stipulated by ICASA for all complaints accept Billing disputes.

You are required to direct a general complaint to email info@artmedia.co.za. The complaint is required to be accompanied by the following;

Your full particulars and contact details;

Your relationship with AM Creative Studio. and any customer reference which may be applicable;

A statement of the reason or reasons for the complaint with enough detail to allow us to assess these; and

Any relevant evidence or documentation you wish to submit in support of your complaint.

Under the ICASA Code of Conduct Regulations AM Creative Studio. is required to:

Acknowledge receipt of your complaint within 3 Business Days; and

Determine an outcome for the complaint and communicate this to you within 14 Business Days.

Referral of Complaints to ICASA

1. If you are not happy with the outcome of the Complaint, you have the right to escalate it to ICASA. If ICASA are not able to resolve the matter it may be referred to the ICASA Complaints and Compliance Committee for adjudication.

2. Please note that under the ICASA Code of Conduct Regulations 2008 you must give us an opportunity to resolve the matter within the 14-day period before you have the right to escalate your complaint to ICASA.

3. ICASA can be contacted in the following ways:

1. telephone (011) 566 3000,

2. fax (011) 444 1919 or

3. email: consumer@icasa.org.za

4. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

BILLING DISPUTE RESOLUTION

Purpose of this Procedure

1. This Procedure sets out the obligations of AM Creative Studio. and the Customer in resolving a Billing Dispute, including the manner in which Billing Disputes should be lodged and how it will be handled thereafter.

2. AM Creative Studio.’s Billing Dispute Handling Procedure is intended to service both the Customer and AM Creative Studio.’s interests by setting out clear rules and procedures to be used where Billing Disputes Occur.

3. Definitions

“Billing Dispute” means an instance where a Customer states in good faith that their bill contains incorrect charges, payments or adjustments.

“Billing Dispute Notice” means a notice submitted by the Customer in terms of this Procedure.

“Billing Disputes Procedure” and “this Procedure” mean this Billing Dispute Procedure for the initiation and resolution of Billing Disputes.

“Billing Enquiry” means the situation where the Customer seeks information or clarification relating to an Invoice including, without limitation, seeking clarification of charges or sources of usage. For the avoidance of doubt, this is not a Billing Dispute.

“Business Day” means any day other than a Saturday or Sunday or a public holiday observed as such in the Republic of South Africa;

“Complaint” means an expression of dissatisfaction or grievance made by a Customer, but does not include a request for information. A Complaint is not a Billing Dispute.

General

1. Any charge recorded on an Invoice (the subject of a Billing Dispute) which is not submitted in accordance with this Procedure is payable in full to AM Creative Studio. by the Due Date of the Invoice.

2. For the avoidance of doubt the parties acknowledge and agree that:

1. An amount that is not in dispute (“Undisputed Amount”) cannot be withheld for any reason (including, without limitation, when that amount is on an invoice together with a Disputed Amount).

2. Only Billing Disputes can trigger the Billing Dispute Handling Procedure (and the potential right to withhold payment of Disputed Amounts from AM Creative Studio. as set out below).

3. Billing Enquiries and Complaints are not Billing Disputes and do not trigger the Billing Dispute Procedure. Billing Enquiries should be directed to info@artmedia.co.za – while Complaints are dealt with under the AM Creative Studio. Complaints Handling Procedure.

3. Please note that AM Creative Studio. will not entertain any Billing Dispute based on unauthorised use of the services or on unauthorised use of the services by a third party, it being your responsibility to safeguard access to the services which you receive and to use them in the manner set out in the terms and conditions applicable thereto.

Customer’s Obligations to first use this Procedure

1. As a current or prior Customer of gridhost, you agree to allow gridhost to attempt settlement of any Billing Dispute for 14 Business Days before raising a dispute with any third party, credit card company or bank. gridhost requires and you agree that it be the first option in Billing Disputes. Should gridhost receive a chargeback or other reversed charge from a third party, Credit Card Company or bank on your behalf before gridhost has been given a chance to resolve the issue, gridhost has the right to collect on the rendered services and any fees associated with those disputes.

2. Not all Billing Disputes may be settled to a customer’s satisfaction. Once this Procedure has been exhausted, a Customer may use any third party, Credit Card Company or bank in an attempt to settle the dispute. However, AM Creative Studio. still retains the right to collect on any rendered services or fees that are due. Should AM Creative Studio. be unable to reverse any disputed amounts with a third party, Credit Card Company or bank, AM Creative Studio. will submit the full delinquent amount for Collections.

Time period within which Billing Disputes can be initiated

1. A Billing Dispute Notice may be lodged in the required manner until the passing of 60 days from the date of the relevant invoice.

Circumstances under which payment of a Disputed Amount may be withheld

1. You may only withhold payment of a Disputed Amount where AM Creative Studio. receives a valid Billing Dispute Notice relating to such Disputed Amount at least 5 Business Days prior to the Due Date indicated on the relevant invoice.

Billing Dispute Notice

1. A Billing Dispute can only be validly initiated through the submission of a valid Billing Dispute Notice using the email info@artmedia.co.za

1. Invoice number and date;

2. The amount in dispute (“the Disputed Amount”);

3. The amount not in dispute (“the Undisputed Amount”);

4. The full details of the dispute; and

5. Any relevant evidence or documentation you want to submit to support your complaint.

Response to Billing Dispute Notice

1. Under the ICASA Code of Conduct Regulations AM Creative Studio. is required to acknowledge receipt of your complaint within 3 Business Days.

2. AM Creative Studio. shall provide a response to the Billing Dispute Notice within 14 Business Days, which response shall take one of the following forms:

1. A rejection of the Billing Dispute Notice on the basis that:

2. The Billing Dispute Notice was not received by AM Creative Studio. within 60 days from the date of the relevant invoice;

3. The Billing Dispute Notice does not contain all of the information set out in clause 11 of this Billing Dispute Procedure or was not submitted in accordance with section 10.

4. The Customer has not made payment in accordance with (and does not have A right to withhold payment) in terms of sections 61, 62.1 and 67 of this Procedure;

5. AM Creative Studio. has confirmation from the Customer that the dispute which is the subject of the Billing Dispute Notice has been resolved;

6. The Customer is disputing the charges on the basis that the Customer did not authorise the particular use of the services by another person; or

7. AM Creative Studio. reasonably believes that the Customer does not have a bona fide dispute in relation to the charges.

8. A request for information or documentation from the Customer lodging the Billing Dispute Notice which is reasonably required to assist AM Creative Studio. in making a determination in the matter. The Customer shall provide such information or documentation as soon as possible and the running of the 14 Business Day period referred to below shall be suspended until such time as it has been received by AM Creative Studio.

9. A determination of the Billing Dispute and the reasons for such determination.

Referral to Senior Management

1. If you are not satisfied with AM Creative Studio.’s response under section 84 of the Billing Dispute Procedure then you must notify (“SM Request”) AM Creative Studio. within 3 Business Days of receiving AM Creative Studio.’s response that you want the matter referred to Senior Management (“SM”). Subject to you complying with this clause 72 of the Billing Dispute Procedure, both parties agree:

1. To ensure that SM meet to resolve the dispute within 7 Business Days of AM Creative Studio. receiving the SM Request but in any event not later than 14 Business Days after the lodging of the Billing Dispute Notice.

2. Any decision of SM will be final and binding on both parties.

3. Both parties acknowledge and agree that if AM Creative Studio. does not receive a Notification from you in accordance with this clause 72 then the Billing Dispute will be deemed to have been resolved in accordance with the response provided under section 72 and AM Creative Studio. will have no further obligations in relation to the Billing Dispute.

Resolution, Agreement or Determination

1. If stipulated under AM Creative Studio.’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that you must make payment of a Disputed Amount, you must within 5 Business Days of the date of the determination pay the Disputed Amount.

2. If stipulated under AM Creative Studio.’s response under section 85 or where SM agree on a resolution or reach a decision under section 85 that AM Creative Studio. must withdraw the disputed charge or refund a disputed charge previously paid, AM Creative Studio. must as soon as practicable:

1. If stipulated under AM Creative Studio.’s response under section 84 or where SM agree on a resolution or reach a decision under section 85 that AM Creative Studio. must withdraw the disputed charge or refund a disputed charge previously paid, AM Creative Studio. must as soon as practicable:

2. Credit any Disputed Amount already paid by you.

3. Where a resolution or determination is made in accordance with clauses 74.1 or 74.2 then, subject to either party meeting the payment obligations specified in such resolution or determination, the Billing Dispute will be deemed to be resolved and AM Creative Studio. will have no further obligations in relation to the Billing Dispute.

Effect of this Procedure on continued service provision

1. AM Creative Studio. will not disconnect a service provided to you which is the subject of a Billing Dispute or take adverse collection procedures or impose late payment penalties or charges while attempting to resolve a Billing Dispute lodged in terms of this Procedure and until such time as AM Creative Studio. has reached a determination and communicated this to you.

2. We reserve the right, however, to take such measures immediately:

1. Where a determination of the Billing Dispute has been made and communicated to you; or

2. Where you have indicated that you are unable to pay your invoice or bill or have filed or are the subject of any application to court for sequestration or liquidation or otherwise seek to reach a formal arrangement with your creditors.

3. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that AM Creative Studio. shall continue to have the right to terminate or suspend the service in accordance with AM Creative Studio.’s rights under the Agreement that you have with AM Creative Studio.

3. Subject only to the above, the rights and obligations of each party under the Billing Dispute Procedure continue pending resolution of a Billing Dispute invoked under this Billing Dispute Procedure. For the avoidance of doubt this includes that AM Creative Studio. shall continue to have the right to terminate or suspend the service in accordance with AM Creative Studio.’s rights under the Agreement that you have with AM Creative Studio.

Confidentiality

1. Neither party shall use any information obtained from the other party during the course of any process invoked under this Procedure for any purpose other than the resolution of the particular Billing Dispute.

Overage Disputes

1. Should you wish to dispute an overage charge, you may do so by following the Billing Dispute Procedure and requesting an overage investigation.

2. Should, however, the overages be accurate (within a 5% margin) a once-off charge of R150.00 per domain/server will be applied to your account.

Request for Reconciliation or Historical Information/Reporting

1. Should you want a reconciliation done on your account, you may request one by following the Billing Dispute Procedure.

2. However, should the reconciliation prove the account to be accurate (within a 5% margin), a once-off charge of R150.00 per reconciliation will be applied to your account. Should you request historical information that is made available to you on a monthly basis via the Customer Zone, your Hosting control panel or any of the management interfaces provided to you, a once off administration charge of R150.00 per request will be applied to your account.

Referral of Billing Disputes to ICASA

1. If you are unhappy with the outcome of the complaint, you have the right to escalate it to ICASA. If ICASA cannot resolve the matter, it may be referred to the ICASA Complaints and Compliance Committee for adjudication.

2. ICASA can be contacted in the following ways:

1. telephone (011) 566 3000,

2. fax (011) 444 1919 or

3. email: consumer@icasa.org.za.

Use of Account Holder information for promotional purposes

1. AM Creative Studio. may include your name and contact information in directories of AM Creative Studio.’s service subscribers for the purpose of promoting the use of the services by potential customers. However, AM Creative Studio. is not authorised to print your name

Product Sales

(a) By placing an order using AM Creative Studio's site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with AM Creative Studio only (no contract exists between the customer and any applicable shop owner). AM Creative Studio sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when AM Creative Studio confirms that production has completed in a second e-mail. AM Creative Studio cannot guarantee the continued availability of any products or designs found on its site.

(b) Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. AM Creative Studio cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.

(c) AM Creative Studio reserves the right to reject orders for any reason or no reason. If AM Creative Studio rejects an order, it will notify the customer.

(d) AM Creative Studio's performance of an order is completed when the shipment provider completes delivery to the customer's address, according to the records of the shipment provider. If there is an interruption of delivery, and AM Creative Studio cannot replace the order in a reasonable amount of time, AM Creative Studio will notify the customer immediately.

(e) If there is a product defect or if you are dissatisfied with your order for any reason, 'AM Creative Studio's return policy will apply, which AM Creative Studio may change at any time in its sole discretion.

5. Delivery & Shipment

(a) AM Creative Studio warrants that it will ship orders within three weeks after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 2-4 days, but in certain circumstances shipment and delivery can take up to three weeks. Customers and AM Creative Studio may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).

(b) AM Creative Studio will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations.

6. Prices

(a) All prices found on AM Creative Studio's site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.

(b) For customers ordering from outside the RSA, all product prices are net of local taxes and fees unless otherwise indicated. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient's country, and if these are not already collected at checkout, then the customer has the sole responsibility to pay these taxes and fees.

(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.

7. Payment

(a) Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. AM Creative Studio reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.

(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for AM Creative Studio to receive payment (for example, the customer's account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of AM Creative Studio's own, the customer agrees that AM Creative Studio may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.

(c) AM Creative Studio may sub-contract third parties to process payment.

(d) If the customer fails to pay, AM Creative Studio may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.

8. Title to Products

Until AM Creative Studio receives full payment for an order and the order is shipped, title to the goods remains with AM Creative Studio. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).

9. Disclaimers

(a) AM Creative Studio provides the site and service on an "as is" and "as available" basis. AM Creative Studio does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. AM Creative Studio hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.

(b) You agree that AM Creative Studio has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. AM Creative Studio does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.

(c) Due to normal changes in our industry and in our technical production processes, AM Creative Studio may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.

(d) AM Creative Studio may use subcontractors or third parties to provide certain elements of its site and service. You agree that AM Creative Studio will not be liable to you in any way for your use of these services.

10. Limitation of Liability

(a) You use AM Creative Studio's site and service at your own risk. AM Creative Studio provides its site and service without any express or implied warranties (See Section 9(a) (Disclaimers) above). AM Creative Studio is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against AM Creative Studio or any related third parties. If you are a California resident, you waive California Civil Code §1542, which says in full: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

(b) AM Creative Studio is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and AM Creative Studio, even if advised of the possibility of such damages. AM Creative Studio's aggregate liability arising out of or in connection with the site and service or any agreement between you and AM Creative Studio may not exceed the lesser $100 or the amount of cash actually exchanged between you and AM Creative Studio within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, AM Creative Studio's liability will be limited to the fullest extent permitted by applicable law.

11. User Representations and Warranties; AM Creative Studio's Right to Refuse Performance

(a) If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to AM Creative Studio that you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. AM Creative Studio may, in its sole discretion, refuse to print any designs or text that you submit. However, AM Creative Studio is not obligated to review any of your submissions.

(b) You agree to (i) indemnify and (ii) release AM Creative Studio from all liability (including costs and attorney's fees) for claims relating to the alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of AM Creative Studio's site and service. If you are a shop owner with AM Creative Studio, AM Creative Studio may offset amounts in your shop owner account to satisfy the indemnification payments owed according to this paragraph.

12. Data Protection

AM Creative Studio collects and uses your information according to its privacy policy. You acknowledge that you are responsible for the securing your own information (including passwords), keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your user account.

13. Dispute Resolution

(a) The formation, construction, and performance of this agreement (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United States and Massachusetts without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to this agreement must be submitted to confidential binding arbitration in Boston, Massachusetts, except that AM Creative Studio may seek injunctive or other appropriate relief in any state or federal court in Massachusetts if you have violated or threatened to violate the intellectual property rights of AM Creative Studio or a third party, or any term of any agreement you have with AM Creative Studio. The parties agree that

the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association;

claims must be conducted on an individual basis, and not in a class, consolidated, or representative action; and

any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.

(b) If any action or claim is filed in contravention of the arbitration rules provided in paragraph 13(a), the parties agree to personal jurisdiction and venue in the state and federal courts of Massachusetts, Suffolk County, and both waive the right to a jury trial. All claims filed or brought contrary to paragraph 13(a) are improperly filed, and the non-filing party is entitled to recover all attorneys fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.

14. Termination of Access

(a) AM Creative Studio may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if AM Creative Studio believes that you (or any others whom AM Creative Studio believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with AM Creative Studio, its affiliates, contractual partners, or users; or if AM Creative Studio believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for AM Creative Studio, its affiliates, contractual partners, or users. Limitation of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service.

(b) If AM Creative Studio exercises its rights under Section 15(a), or if you delete your account, this entire agreement and any other agreements you have entered into with AM Creative Studio will survive indefinitely until otherwise terminated according to their terms, if applicable.

15. Miscellaneous

(a) Entire Agreement. This agreement (along with other policies found on AM Creative Studio's site and service) contains the entire agreement between the parties and replaces all prior oral and written agreements. No oral modifications, express or implied, may change the terms of this agreement. The parties have not relied on any representations or promises relating to the subject matter of this agreement except those contained within the four corners of this agreement.

(b) Relationship of Parties. This agreement and other agreements relating to the site and service do not constitute a joint venture, partnership, agency, employment or fiduciary relationship between the parties, except when one is expressly stated. Neither party nor its agents have any authority to bind the other party, and the relationship of the parties is that of buyer and seller, or independent contractors in certain circumstances.

(c) Successors, Assignment, and Delegation. This agreement inures to the benefit of and binds the successors, assigns, heirs, executors and administrators of the parties. However, you may not assign or delegate any right or duty under this agreement without written consent from AM Creative Studio. Any attempt to do so is null and void. If there is an involuntary assignment, then AM Creative Studio may reasonably request documentation from your successors or estate to prove that an involuntary assignment of your rights under this agreement has actually taken place.

(d) Means of Notice. Written notices and other communications described herein may be made electronically and are effective when sent or published. You guarantee that the information provided in your orders or user account is accurate and hereby waive all rights or objections relating to not having received notices from AM Creative Studio because of incorrect or incomplete information.

(e) Enforceability and Severability. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will remain in full force and effect in all other circumstances.

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