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TERMS OF SERVICES
By signing up for Web Design Studio Services, you acknowledge that you have read and understand, and agree to be bound by the terms and conditions set forth below and any future amendments thereto (“Terms of Service”). IF DO NOT WISH TO ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT PROCEED WITH SIGNING UP.
Eligibility
- Web Design Studio Services are available only to and may only be used by individuals who can form legally binding contracts under the applicable law of the jurisdiction in which they reside. Without limiting the foregoing, Web Design Studio services are not available to persons under the age of EIGHTEEN (18) YEARS.
- These Terms of Service are binding on you, the user, and such person, company or other business entity (“principal” or “employer”) you represent. If you are registering on behalf of your principal or employer, you represent and warrant that you have the authority to bind them to these Terms of Service. Unless the context requires otherwise, all references to “you” or “your” include references to your principal or employer.
Features and Services
- Web Design Studio Services’ features (excluding payment gateway services and third party plug-ins) are listed on the Web Design Studio official website and are available according to the package you sign up for.
- Web Design Studio will inform you by email of important information such as service outages, updates, modifications or new developments to Web Design Studio Services and any changes to these Terms of Service.
Web Design Studio may within FOURTEEN (14) DAYS’ notice to you:
Modify or discontinue any or all aspects of the Web Design Studio Services or restrict your use of Web Design Studio Services in whole or in part for any reason at our convenience; or
Change our pricing or these Terms of Service.
- If you find any change unacceptable, you may cancel your account (please see Section 6 below on the cancellation of accounts). Your continued use of Web Design Studio Services after the coming into force of the change (expiry of the notice) constitutes your continued acceptance of the Terms of Service as amended.
- Web Design Studio maintains a strict no refund policy and does not provide refunds.
- Customer Content and Intellectual Property Rights
- Unique Style Enterprise does not claim any intellectual property rights over your information or material submitted to Web Design Studio Services and you retain ownership over and responsibility for your own content.
However, you agree to grant Unique Style Enterprise the non-exclusive right and licence to use your Website’s name, trademarks and content on our Web Design Studio website or in printed or online advertisements or other publications describing Web Design Studio Services.
Also, you represent and warrant that you have all necessary rights to display and distribute your Website’s content whether as author or having possession of the requisite distribution rights, licenses or permission to use from the relevant owner(s).
“ThemeBuilder” and its logos are trademarks of Unique Style Enterprise and the compilation, collection, selection, arrangement, assembly and coordination of all content available on the ThemeBuilder website are the exclusive copyright of Unique Style Enterprise
- You acknowledge that these Terms of Service does not grant you any title or proprietary right or interest over ThemeBuilder Services’ software and technology, and any other web solutions or services provided by Unique Style Enterprise. You shall not perform or attempt to perform any of the following actions
User Restrictions and Indemnity
You shall not use Web Design Studio Services in any manner that, as determined by Unique Style Enterprise in its reasonable discretion, whether actual or potential:
Involves false, inaccurate or misleading advertisement, is fraudulent or involves the sale of counterfeit or stolen goods;
Infringes or misappropriates any person’s copyright, patent, trademark, trade secret or other proprietary rights;
Violates any law, statute, ordinance, regulation, governmental guideline or policy in your jurisdiction or in Malaysia;
Displays content that is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person or otherwise infringes the requirements of the Content Code published by the Malaysian Communications and Multimedia Commission. Without limiting the foregoing, this shall include content that:
Is defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;
Display material containing pornography of any kind or any that exploits children under age of eighteen (18) years; or
Displays content advocating, promoting or otherwise encouraging violence against any governments, organizations, groups or individuals or cruelty towards animal or that provides instruction/information or assistance in carrying out the same;
Accesses illegally or without authorisation any computers, servers, accounts or networks of Unique Style Enterprise or any other Web Design Studio users, or attempts to hack into Unique Style Enterprise ’s security systems, having Unique Style Enterprise host or distribute any internet viruses or other harmful code, pinging, flooding, mail bombing or denial-of-service attacks, or disrupting others from effectively using Web Design Studio Services;
Involves the transmission of unsolicited commercial or bulk email (spamming) whether from or to Web Design Studio servers;
Participates in any activities relating to pyramid or ‘Ponzi’ schemes;
Is harmful to Web Design Studio servers (including without limitation overloading the Web Design Studio Services’ servers or other technical infrastructure);
Involves activities in the nature of gambling, sweepstakes, raffles or lotteries; or
Otherwise creates liability for Unique Style Enterprise or its affiliates or contractors or exposes them to undue risk or otherwise is harmful to the Web Design Studio operations, reputation, or goodwill.
Where your intended use of Web Design Studio Services require any licence, consent, authorisation, permission or approval from any government, governmental, supranational or trade agencies, courts or other regulatory body (“Licence(s)”), you agree not to operate such business via Web Design Studio without having first obtained the appropriate Licence(s).
You agree that your use of Web Design Studio Services including information transmitted to or stored at Web Design Studio servers are governed by our privacy policy at https://webdesignstudio.com.my/privacy
Your breach of any provision of these Terms of Service (including without limitation, from any infringement or misappropriation of any person’s copyright, patent, trademark, trade secret or other proprietary rights); and
Privacy Policy
Unique Style Enterprise values your privacy. You agree with and accept all the terms and conditions of our privacy policy at https://webdesignstudio.com.my/pricing
For your information, Unique Style Enterprise employs Secure Socket Layers (SSL) to protect all your personal information. Unique Style Enterprise uses designated processors to handle all credit card payments and does not store any credit card information in any format or record.
Site Content Modification and Termination of Service
- Unique Style Enterprise may make changes to your Website to rectify the infringing content if you breach any of the provisions of these Terms of Service and:
You fail to remedy it within the time period set out in our email notification to you; or
You fail to conform to the instructions in our notification to our absolute satisfaction.
You agree that Unique Style Enterprise shall not be liable for any damage, foreseeable or unforeseeable, direct or indirect, that may result from the changes made to your Store under this section 7.1.
Unique Style Enterprise reserves the right to discontinue your use of any or all aspects of Web Design Studio Services without prior notice if we have determined in our reasonable discretion that:
You have breached any provision in our Terms of Service (including without limitation, if we receive information that your use of Web Design Studio Services is in violation of any third party’s intellectual property or other proprietary rights); or
It is necessary for security reasons or for the proper continuance of the operations of Web Design Studio Services;
You are not using Web Design StudioServices for a legitimate business purposes
You agrees not to re-register for or otherwise obtain access to Web Design Studio Services without our written approval; and
Unique Style Enterprise reserves the right to delete your account (including any data file associated with your use of the Web Design Studio Services).
Assignment
You may not assign, transfer or delegate your account or any rights or obligations under these Terms of Service.
Governing Law
These Terms of Service shall be governed by and construed according to the laws of Malaysia.
Force Majeure
Unique Style Enterprise ’s delay in or non-performance of any duties or obligations under these Terms of Services will not be considered a breach of these Terms of Services if such delay or non-performance is caused by a labour disputes, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other event beyond our control.