Terms and Conditions
Last Updated on September 27, 2024
Introduction
These Terms and Conditions outline the rules and regulations for the use of Designorinastudio.com website, operated by Mina Lukic Web Design, located in Berlin, Germany.
Throughout the site, the terms “I”, “me”, “my”, “we”, “us” and “our” refer to Designorina Studio brand operated by Mina Lukic Web Design. By accessing this website we assume you accept these terms and conditions. Do not continue to use this website if you do not agree to accept all of the terms and conditions stated on this page.
Our website Terms and Conditions, and our website Privacy Policy are here collectively referred to as “Agreement.” The following terminology applies to these Terms and Conditions, Privacy Statement and all Agreements: “The Seller”, “Ourselves”, “We”, “Our” and “Us”, refers to Mina Lukic Web Design located in Berlin, Germany. “Client”, “You” and “Your” refers to any user of this website or purchaser of Our product(s) or service(s) (the “Offering”). “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. Please note that when we refer to any terms here, regardless of whether they’re in singular or plural form, capitalized, or whether we use ‘he’, ‘she’, or ‘they’, we are referring to the same concepts and entities.
These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of Our products. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Should any provision(s) of these terms and conditions, or Agreements, become entirely or partly invalid or be nullified at any point, the agreement and the remaining terms shall continue to be effective. The affected provision will be substituted through mutual agreement with a new provision that closely mirrors the intent and scope of the original. Situations not regulated by these terms and conditions must be assessed ‘in the spirit’ of these terms and conditions. Any uncertainties regarding the interpretation of any provisions within our terms and conditions are to be resolved by interpreting them ‘in the spirit’ of these terms and conditions.
The Terms and Conditions contained on this page are subject to change at any time, and we will update them accordingly with the ‘date last updated’ at the top of this page.
Use of this website
You must be at least 18 years old or meet the age requirement in your jurisdiction to use this website. Use at your own risk. The site is hosted on a reputable platform, and we make reasonable efforts to maintain it. However, we do not guarantee the safety of your use of the site. These Terms and Conditions may change at any time.
Please be aware that the availability of the Site cannot be guaranteed. Interruptions, delays, or errors may occur due to hardware, software, or other problems, or due to necessary maintenance. Furthermore, your access to the website could be permanently disabled if we cease operation of the website or Products. Continuous access to our website or Offering(s) is not guaranteed. You acknowledge that we will not be liable for any loss, damage, or inconvenience resulting from your inability to access or use the Site during any downtime or discontinuance.
You are explicitly instructed to refrain from uploading or posting to this website, emailing to us, or otherwise disseminating any materials that encompass confidential information.
The information and advice provided on this website, including our blog, are intended for educational and informational purposes only as a general resource. This website or any of its contents do not substitute professional business consultancy or financial advising. The opinions and advice offered herein do not guarantee any specific outcomes. As such, any actions taken based on the content of this site are carried out entirely at your own risk and discretion.
We cannot guarantee the completeness, accuracy, or current relevance of our content. We explicitly disclaim any liability for errors, omissions, or inaccuracies in the information provided.
By using this site, you acknowledge and agree that the application of any strategies, tips, or information obtained here is done at your own risk. We shall not be held liable for any losses, damages, or other harms that may arise from the use of this site, including but not limited to the implementation of any advice or information found herein or through external links provided.
Your continued access and use of this site signify your acceptance of these terms, understanding that specific results from applying the advice or information offered cannot be assured and are influenced by external and uncontrollable factors.
Prohibited Uses
As a user of the Site, you agree not to:
Upload, post, or share any content that infringes on copyrights, trademarks, or any intellectual property or proprietary rights, or share any information you’re not authorized to by law or through any contractual or fiduciary relationship.
Engage in any illegal, fraudulent, false, misleading, or deceptive acts, including impersonation or falsifying associations with individuals or entities.
Post or share material that is harassing, demeaning, threatening, defamatory, sexually explicit, abusive, vulgar, obscene, involves hate speech, or is otherwise objectionable or infringes on the privacy or reveals personal information of others.
Act in ways that could limit or impact another person’s use or enjoyment of the Site, engage in unsolicited or unauthorized advertising, spamming, or attempt to gain unauthorized access to any part of the Site.
Engage in or encourage activities that violate any law, constitute a criminal offense, give rise to civil liability, or infringe on third-party rights.
Send materials containing harmful programs like viruses, Trojan horses, worms, or engage in market research to aid a competitor.
Use automated systems, such as bots or spiders, without our express written consent, block or cover advertisements on the Site, or engage in any activity that could harm, interfere with, or attempt to interfere with our systems.
Submissions
By providing us with any submissions (including questions, comments, ideas or feedback), you agree these become our exclusive property, with us holding all associated intellectual property rights, permitting unrestricted use and sharing for any lawful, commercial, or other purposes without obligation to you. You waive any moral rights over these submissions and affirm they are original to you or you have the right to submit them. You will not seek recourse against us for any claims of infringement or misappropriation of proprietary rights in your submissions. Additionally, you guarantee your submissions do not violate others’ intellectual property rights.
Your Product or Service Use and Consent
Upon purchasing our product(s) or service(s) (hereinafter referred to as the “Offering”), you were notified of the existence of these Terms and Conditions. By proceeding with your purchase and further utilization of the Offering, you implicitly consented and continue to consent to comply with these Terms and Conditions, along with any disclaimers and privacy statements included therein.
You acknowledge that you are at least 18 years of age or meet the age requirement in your specific jurisdiction to make use of the Offering. Should a minor access our Offering and related materials, it constitutes a breach of our usage terms, and we retain the authority to revoke your access upon discovering such an occurrence.
Online Shop Terms
Every Offering contains a thorough and accurate description of the products and/or services offered, detailed enough to allow customers to make an informed evaluation. Nonetheless, The Seller is not held accountable for apparent errors or typos. All visuals, specifications, and data in the offer serve as general guidance and do not justify claims for compensation or termination of the agreement.
The Seller always has the right to change or discontinue the offer and prices without notice.
The Seller reserves the right to refuse service to anyone for any reason at any time.
You are strictly prohibited from utilizing our products for any unlawful or unauthorized activities, and you must not infringe upon any legal statutes within your jurisdiction, including copyright laws, while engaging with our Service.
You consent to receiving invoices as PDF attachments via email. These invoices will be sent to the email address provided by you during the registration or purchasing process. You acknowledge that these electronic invoices will serve as valid documentation of transactions and agree to accept them in this format.
Should you fail to comply with these Terms, your access to our Offering(s) will be terminated without delay.
Prices and Payment Terms
The prices stated for the Offering(s) are in USD and don’t include sales tax or VAT.
Payment for all Offering(s) is 100% in advance.
When you purchase any Offering(s) through this website, you are responsible for all applicable fees and taxes. Payment for all Offering(s) is 100% in advance. It is your responsibility to provide complete, accurate and up-to-date billing and credit card information.
We do not store whole credit card numbers or payment details. Instead, purchasing transactions are handled by external payment processors such as PayPal or Stripe. For example, when PayPal handles your payment, they act as a third-party processor, managing the transaction and transferring funds to us. When you utilize these payment processors to purchase and access our Offering(s), you release us from responsibility and take on any risks or liabilities associated with the security of your payment information. You should examine the Privacy Policies of these payment processors to understand their practices regarding the usage, disclosure and protection of your financial information. Furthermore, you agree to adhere to the terms and conditions set forth by the respective third-party payment processor.
Due to the digital nature of the Offering(s), refunds will not be issued under any circumstances. Once purchased, Offering(s) cannot be exchanged for other Offering(s).
The Seller reserves the right to impose a late fee equivalent to 5% of the transaction value if payments are not made within a 3-day grace period following the due date. Should payments fall overdue for more than 30 days, the entire project balance becomes payable immediately. Furthermore, if payment is not received within 45 days,the outstanding balance will be forwarded to a collections agency, at which point you will owe the total sum of any overdue payments in addition to all collection expenses, including reasonable attorney’s fees.
“Showit Website Template” Terms
Our Showit Templates and Add-On Pages are layouts designed by me and intended for use by you on the Showit platform as part of your online presence. Once you receive a template, you are responsible for modifying it to ensure compatibility and functionality on your website. We are not obligated to assist in the template setup post-purchase. However, should you encounter technical issues not caused by your modifications, you are welcome to contact us for support in identifying and addressing any software-related problems. You may only adjust the template within the given guidelines and instructions. Unauthorized alterations beyond these guidelines will breach this agreement and terminate your license to use the template. Additionally, it’s essential to ensure that any modifications you make do not infringe on third-party rights, further safeguarding us as the seller from liability.
It’s the buyer’s responsibility to secure and manage any necessary web-hosting services through Showit, including domain registrations and plan subscriptions. Website security is the buyer’s responsibility. While Seller applies basic security practices, we do not guarantee protection from security breaches and will not be liable for any damages related to such issues.
You are allowed to edit the template strictly in accordance with the built-in boundaries and instructions you received from us with the template. Unauthorized alterations beyond these limits constitute a breach of the terms and conditions and will void your license to use the template. Such actions will be met with strict enforcement of all applicable remedies under the law to protect our interests and limit our liability.
We do not provide any warranty or guarantee regarding the quality of any products, services, information, or other materials purchased or obtained by you through the Site. It is understood that your satisfaction with such items is subjective and may vary.
License Terms
This License is valid and shall not be superseded, invalidated, or otherwise affected by any other provision of the terms and conditions, any other agreement, or any content elsewhere on the website, notwithstanding any provision to the contrary herein.
When you purchase a Showit Website Template or Add on Product from us, you’re granted a limited, non-transferable, non-exclusive, revocable, single-use license (“License”) for use of that Product. The License for each Product is granted for one-time use on a single Showit website design, and is intended solely for your use, whether for business or personal endeavors, without extension to multiple sites or multiple business or personal undertakings. You are required to purchase a new license for each additional use of the Product. In case of a breach of these terms, we reserve the right to terminate your access to the Products and invoice you for any damages.
Engaging in any form of reselling, duplicating, reproducing, transferring, redistributing, imitating, reverse engineering, exploiting or copying of our Products or design elements is strictly prohibited in any manner or under any condition. Any infringement of this term will lead to the immediate revocation of your License and will expose you to legal action for violation of our intellectual property rights. Additionally, you will be accountable for a charge equivalent to the estimated cost of any unauthorized license(s) use, along with any attorney’s fees or other expenditures borne by the Seller in enforcing these terms.
In some cases our Products (Showit Website Templates) contain examples of text within it. Upon purchasing the Product you are permitted to modify, remove, replace or use this text. Be aware that other purchasers may also use identical text. Therefore, the Seller advises using the provided text only as inspiration for crafting your unique content. Responsibility for any edits or changes rests with you upon purchase, and Seller is not obligated to assist with or make modifications to the text.
Third-Party Material Licensing and User Responsibilities
All photographs, videos, fonts, and other materials featured on this website or within our products are either our intellectual property or are licensed intellectual property we have obtained from third parties for use in our offerings, including but not limited to free and open-source resources such as Google Fonts or Pexels images. While these resources are freely available, users are responsible for obtaining their own licenses for use, ensuring compliance with the terms provided by these services. Your purchase of our products does not transfer any rights or licenses for these materials to you, and you agree not to alter, sell, transfer, copy, or modify any of these materials.
If you continue to use any image, video, font, or other material included in our products that is not free and open source, and for which you have not independently acquired a license from a third party, please be aware that you bear sole liability for such use. It is your responsibility to either replace the licensed material with your own material, or a properly licensed alternative. Any such third-party material used in our products will be clearly noted either in the product description, within the product itself, in the provided instructions, or in an attribution section. It is your responsibility to pay attention to these details and ascertain the origin of the materials before continuing their use. Our company disclaims all liability for any unauthorized use of third-party materials by you. Failure to comply with these terms constitutes a direct violation of this agreement, exposing you to legal action and financial penalties for infringing upon intellectual property rights. Your adherence to this provision is mandatory and non-negotiable, ensuring that you, and you alone, are accountable for securing the appropriate permissions for the use of any such materials.
Template Technical Support Terms
Your website will be hosted by Showit, and I am not responsible for the backup, storage, and services provided by them. Please review their terms of service here: https://showit.co/terms-of-service/. I cannot guarantee my templates or course instructions will function exactly as demonstrated with new updates within Showit or web browsers.
Upon purchasing any of our Product(s), you are entitled to ten (10) months of technical support exclusively for the purpose of troubleshooting issues directly related to the template’s design and functionality as initially provided. This support is strictly limited to addressing queries and challenges that arise specifically from the use and implementation of the template itself, excluding any matters that fall within the ambit of:
General usage instructions, features, or functionalities provided by the Showit platform;
Issues related to your personal or business computer, hardware, hosting services, domain management, or any other third-party software or services.
It is imperative to understand that technical support is provided solely for the integration and operational challenges directly pertaining to the template and does not extend to general IT support or instruction on the use of external platforms or services.
All technical support sessions must be scheduled in advance and are subject to the availability of our support team. To ensure the highest quality of service and efficient allocation of resources, any technical support provided by us beyond the initial troubleshooting guidance will be billed at an hourly rate. The specifics of the hourly rate and payment terms will be communicated to you at the time of scheduling the support session.
By agreeing to these terms, you acknowledge that:
Immediate response to inquiries or issues cannot be guaranteed. We endeavor to address all support requests in a timely manner, but response times will vary based on the volume of inquiries and the complexity of the issues presented.
Our obligation to provide technical support is confined to the conditions specified herein, and we reserve the right to decline support requests that fall outside the designated scope of template implementation and troubleshooting.
Liability
The Seller disclaims all liability for any damages arising from the use of its products and/or services, or from the information and materials provided to customers. This includes direct, indirect, consequential, or any other forms of loss such as lost profits, business interruption, lost savings, data loss, or damages due to software errors, hacked websites, or data loss during domain transfers. Customers are responsible for ensuring accurate email communication, appropriate computer settings for receiving digital products, following the Seller’s instructions, and replacing example photos with their own licensed images to avoid copyright infringement. Any claims for damages must be made within one year of contract execution, and the Seller is not responsible for damages resulting from the actions of its partners, who operate independently.
Intellectual Property
The Site, encompassing all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (“Content”), and including all trademarks, service marks, and logos contained therein (“Marks”), is either exclusively owned by Seller or used with permission. This Content and Marks are protected under international copyright and trademark laws, and are intended for your personal, non-commercial use only. Unauthorized commercial exploitation of any Content or Marks without Seller’s express written consent is strictly prohibited.
Digital products available through the Site are embedded with intellectual property rights and must not be resold, repackaged, shared, copied, imitated or distributed without Seller’s explicit written consent. Seller is committed to enforcing its intellectual property rights to the fullest extent, including taking legal actions against any infringement or unauthorized use of its content.
All images, text, designs, graphics, trademarks, and service marks on the Site are the property of Seller. Any unauthorized use, including modification of Site materials, is prohibited and may lead to legal action. Seller reserves the right to enforce its intellectual property rights, including seeking damages and injunctions to prevent further unauthorized use.
By accessing the Site, you acknowledge that any unauthorized use of the Content or Marks could cause significant harm to Seller, for which monetary damages might not be sufficient. Consequently, Seller is entitled to seek equitable relief, such as injunctions and specific performance, in addition to any other legal remedies available, without the need to post a bond or other security.
Third-party websites and content
Our Site might feature links to external websites (“Third-Party Websites”) or include materials like images, music, and software that originate from outside sources (“Third-Party Content”). We don’t conduct reviews or checks on the Third-Party Websites or Third-Party Content for their accuracy, relevance, or completeness, and thus, we accept no responsibility for them, their content, or any policies they uphold.
Featuring or linking to any Third-Party Websites or Content on our Site does not constitute our endorsement. If you choose to visit these Third-Party Websites or use their Content, you do so at your risk, and our Terms of Use will no longer apply to these actions.
You are advised to carefully read the terms and privacy policies of any Third-Party Websites you visit or from which you download or use Content, especially regarding any purchases made. These transactions are strictly between you and the third party.
You understand that we are not affiliated with the offerings of Third-Party Websites and you absolve us from any responsibility for any damage or loss incurred from your dealings with these third parties or from the Third-Party Content itself.
Cookies
This website utilizes cookies. By accessing and using this website, you agreed to the use of cookies in accordance with our Cookie and Privacy Policy.
Governing law
These terms and conditions shall be governed by and construed in accordance with the laws of Germany. Any disputes arising out of or in connection with these terms and conditions shall be exclusively subject to the jurisdiction of the courts of Berlin, Germany.
Should any provision of this agreement be deemed void, unlawful, or unenforceable under applicable law, such provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remaining provisions. This severance shall not undermine the entirety of this agreement, and the remaining provisions shall remain in full force and effect.
Miscellaneous
Subheadings in this Agreement are for convenience only and do not define, describe, limit, or extend the scope or intent of any provisions. They shall not influence the interpretation of this Agreement.
In the event that any provision or portion thereof contained within these Terms of Use is deemed unlawful, void, or unenforceable by a court of competent jurisdiction, such provision or portion thereof shall be deemed severed from these Terms of Use, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. Any such determination shall not affect the validity or enforceability of any other provision or portion thereof within these Terms of Use.
These Terms of Use do not establish, and should not be construed as establishing, any joint venture, employment, agency relationship, or partnership between you and the Seller.
We reserve the right, at our sole discretion, to assign, transfer, or delegate any of our rights or obligations under these Terms of Use to any third party, without prior notice to you.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
You agree that the interpretation of these Terms of Use shall not be construed against us solely because we drafted them. Both parties had the opportunity to review and negotiate these terms, and any ambiguity or uncertainty shall not be resolved against the drafter.
By accessing and using the Site, you acknowledge and agree that any terms, agreements, notices, or other communications provided to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Furthermore, by utilizing the Site, you expressly waive any defenses or objections you may have based on the electronic format of these terms and conditions or the absence of signing by the parties, to the fullest extent permitted by applicable law.
Contact Information
Mina Lukic Web Design
Franz-Ehrlich-Straße 12
12489 Berlin, Germany
Email: hello@designorina.com