Terms & Conditions
Your Use of the Website
You are prohibited from using the Website in a way that:
- is unlawful, threatening, bullying, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane, obscene, or that Conte Studios Ltd. deems in its sole discretion to be inappropriate for this Website;
- victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
- tries to gain unauthorized access to the Website, their computers and networks, or their user data, or that otherwise modifies or interferes with the use or operation of the Website;
- imposes an unreasonable or disproportionately large load on Conte Studios Ltd’s infrastructure, including but not limited to transmitting spam or using other such unsolicited mass emailing techniques;
- transmits or contains computer viruses or other disruptive, damaging or harmful files or programs; or
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Conte Studios Ltd. of , (we or us or Service Provider) to the person buying the services (you or Customer).
2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us.
3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Fees and Deposit
1. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis.
2. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services.
3. You must pay the Fees due within 7 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us.
4. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you.
5. If in a payment plan with us, these payment dates must be abided by, unless otherwise stated.
6. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us.
Cancellation and amendment
1. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 3 days from the date of the quotation, (unless the quotation has been withdrawn).
2. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation.
3. If you want to amend any details of the Services you must tell us in writing as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the Fees and invoiced to you.
4. If, due to circumstances beyond our control, we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
5. We can terminate the provision of the Services immediately if you: - commit a material breach of your obligations under these Terms and Conditions; or - fail to make pay any amount due under the Contract on the due date for payment
6. We reserve the right to deny refunds based on our own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Conte Studios Ltd. are ownership of the company and are prohibited from being used by the Client in any way.
Sub-Contracting and assignment
1. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
2. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions.
Conte Studios Ltd’s Copyright and Trademarks
All content included on Website, such as text, graphics, logos, button icons, images, and software, is the property of Conte Studios Ltd. or its content suppliers and is protected by Canada and international copyright, trademark or other laws. The materials posted on the Website by Conte Studios Ltd. may be retrieved solely for your own personal use or in connection with any business relationship between yourself and Conte Studios Ltd. and may be downloaded to your own hard disk or sent to a printer solely for that purpose. You may not copy, modify or distribute the contents of the Website without the express written permission of Conte Studios Ltd. Nothing contained herein confers by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary right of Conte Studios Ltd. All rights reserved.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. The Copyright Modernization Act of 2012 provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Ontario copyright law. If you believe in good faith that material posted on the Website infringes your copyright, you may submit a notice to us requesting that the material be removed. The notice must include the following information: (a) a physical signature of a person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that is claimed to have been infringed upon; (c) a description of the material that is claimed to be infringing, and where such material is located on the Website; (d) your name, address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Conte Studios Ltd’s Right to Use Your Likeness
You hereby grant to Conte Studios Ltd. and its sublicencees unrestricted permission and right to use, reuse, publish, and reproduce your name, likeness, image, voice and/or appearance (“Likeness”) as such may be embodied in or submitted in connection with any Submissions that you submit to Conte Studios Ltd. You agree that Conte Studios Ltd. and its sublicencees may use the Submissions and your Likeness for any purpose, including but not limited to, advertisements, articles, publications, and any promotional materials in any medium now known or later developed, including the Internet. You acknowledge that you will not receive any compensation for the use the Submissions or your Likeness. You hereby release Conte Studios Ltd. and its sublicencees from any and all claims that arise out of or are in any way connected with such use, including without limitation, any claim for defamation, slander, misappropriation or misuse of image, violation of moral or artist rights, violation of publicity rights, or invasion of privacy. You warrant and represent that this release does not in any way conflict with any existing commitment on your part.
Use of Website Content
All information and content included on the Website are provided “as is” and without warranty or guarantee of any kind, either expressed or implied, including, but not limited to, the implied warranties or guarantees of merchantability, fitness for a particular purpose, and non-infringement. Conte Studios Ltd. strives to provide accurate and up-to-date material on the Website. However, Conte Studios Ltd. makes no warranties, guarantees or representations as to the accuracy or timeliness of the material provided through the Website. Conte Studios Ltd. assumes no liability or responsibility for any errors or omissions on the Website.
Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Conte Studios Ltd. and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Conte Studios Ltd. and are protected by copyright and trademark laws and any other applicable intellectual property law. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Conte Studios Ltd’s express prior written permission. Conte Studios Ltd. reserves all rights in the Website, Content and Marks. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Any dispute arising out of your use of this Website or material from this Website shall be resolved according to the laws of the Province of Ontario, Canada, without giving effect to that province’s principles of conflicts of laws. The federal and provincial courts of the Province of Ontario shall have exclusive jurisdiction over all claims.
Disclaimer of Warranty and Limitation of Liability
Your use of the Website and material from the Website is at your own risk. The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. Conte Studios Ltd. makes no warranties, guarantees or representations that the Website will be error-free, secure or uninterrupted, and assumes no liability or responsibility for any damage to you, your computer, or your other property, due to your access to, use of, or downloading of the Website or any materials provided on the Website. Conte Studios Ltd. makes no warranties, guarantees or representations as to the accuracy, completeness or timeliness of the materials provided on the Website. Conte Studios Ltd. assumes no liability or responsibility for any errors or omissions on the Website. To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for - any interruption or cessation of transmission to or from the Service; - any indirect, special or consequential loss, damage, costs, or expenses or; - any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or - any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or - any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services. - any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or - any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; - any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or NEITHER Conte Studios Ltd., ITS AFFILIATES, AGENTS, EMPLOYEES NOR CONTRACTORS WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE WEBSITE, EVEN IF Conte Studios Ltd., ITS AFFILIATES, AGENTS, EMPLOYEES OR ITS CONTRACTORS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CLAIMS, INCLUDING, WITHOUT LIMITATION, CLAIMS IN CONTRACT AND TORT (SUCH AS NEGLIGENCE, PRODUCT LIABILITY AND STRICT LIABILITY). SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE PARTICULAR LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THE WEBSITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES, GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
Circumstances beyond a party's control
Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: cyber attacks, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
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