Terms and Conditions ("Terms")

 

Last updated: July 6, 2020

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.designerscreativestudio.com website (the “Site”, ”Service") operated by The Designer’s Creative Studio, LLC (“DCS”, ”us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and all applicable laws. These Terms apply to all visitors, users, subscribers, members and any others who access or use the Service (“Users”, “They”, “Them”). Users also consent to the collection, storage and use of their personal information, as detailed in the Privacy Policy. 

 

By accessing or using the Website or Service you agree, without limitation or qualification to be bound by these Terms and acknowledge that any other agreements between you and the Site are superseded and of no force or effect. If you disagree with any part of the terms then you may not access the Service.

 

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your user-name(s), member name(s), email addresses, other contact details, payment information (eg. payment agent details, transactional details, tax information). Please review our Privacy Policy to understand how this information is used and stored. When you make a Purchase, you will be asked to indicate your agreement and compliance with these terms and conditions. Should you elect not to agree, which is your right, you will not be granted access to make the Purchase. All of the content on the Site is under copyright protection (see Content section) and may not be copied, forwarded, shared, duplicated or used in any way outside of this website without the express, written permission of DCS or one of its designates. Subject to your compliance with these Terms of Use, DCS hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes.

The goal of the Services is to personally enrich, educate, inspire, inform and entertain Users in the Themed Entertainment Industry and the content will apply specifically to this end. The Services will primarily be delivered in a digital format (online access to the Site) for those who have opted in and provided contact information, however, some Services require direct, one on one communication that will be accomplished by purchasing said service, scheduling the day/time of the service then engaging in the duration of service that was purchased (see “Studio Sessions agreement” below). 

Disclaimer: Access to professional consulting services are offered by Theron Skees on the Site, however, those services are completely separate from those offered on the Site. Any personal contact information provided on the Consultation page will comply with the Privacy Policy regarding use of that information. Any services executed through that service will be negotiated separately (outside of the Designer’s Creative Studio, LLC) and will not be in conflict with the Site. Any contract executed through the Consultation services offered by Theron Skees will not alter any of the Terms of Use, Privacy Policy or Services on the Site nor will the Site have any influence on the contract.

Disclaimers

  1. When a visitor to The Designer’s Creative Studio site purchases a studio mentoring session (1:1 with Theron), they are doing so with the understanding that the advice, mentoring, coaching, design process/definition, inspiration and all similar information is given as an industry professional based on Theron’s career experience (see Errors & Omissions). How the User decides to use the recommendations provided during the session is Their sole responsibility; the burden falls to the individual who booked the session. In addition, DCS and Theron attests that no information provided is proprietary to any company, is not a trade secret, copyrighted or trademarked information and is not in breech of any contract but that is referenced from personal experience and does not jeopardize any previous agreements/contracts he has engaged in. Any verbal ideas, concepts, principles or media discussed/reviewed in the session(s) remain the property of the individual (providing they are not already owned by another entity) who purchased the session for the purpose of receiving recommendations on said content. Drawings, plans and any physical media that represent the entirety of a themed experience cannot be reviewed by DCS or Theron at this time. The one on one sessions are intended to advise on industry-wide, accepted design principles, story-telling methodology, team function, individual roles/disciplines, design processes et al, not provide specific, design review for real or conceptual projects intended for use in the industry. The Consultation page of the Site should be used for that purpose.
  2. Access to professional consulting services are offered by Theron Skees on the Site, however, those services are completely separate from those offered on the Site. Any personal contact information provided on the Consultation page will comply with the Privacy Policy regarding use of that information. Any services executed through that service will be negotiated separately (outside of the Designer’s Creative Studio, LLC) and will not be in conflict with the Site. Any contract executed through the Consultation services offered by Theron Skees will not alter any of the Terms of Use, Privacy Policy or Services on the Site nor will the Site have any influence on the contract.
  3. Except where prohibited, the Site nor any of its delegates shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from a User or any third parties use of the Site. These exclusions include, without limitation, damages for lost profits, lost data, computer failure, or the violation of rights by any third party, even if the service entity have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.  
  4. You agree to indemnify and hold DCS and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that DCS may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. DCS reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide DCS with such cooperation as is reasonably requested by the Company.

  5. The provisions of these Terms of Use are for the benefit of DCS, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Content

All material found on The Designer’s Creative Studio site (“the Site”) is considered copyrighted, intellectual property (“IP”) created and owned by The Designer’s Creative Studio, LLC (“DCS”) and is not available for reproduction without specific, written consent. This includes the design, compilation, look and feel of the Site, and copyright, trademarks, designs, photos, video/media, written copy, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, documents, text and other intellectual property included therein. You will not copy, distribute, modify or make derivative works of any of the Site content or use any of Our intellectual property in any way not expressly stated in these terms. Learning courses, individual sessions, interview content, narrated walk-throughs, studio mentoring sessions or any content available on the site for purchase are intended for the sole use by the individual who purchases these materials and provides their contact information. The content of this website is copyrighted, therefore, none of the information is allowed to be copied, forwarded, shared, duplicated or used in any way outside of this web site without the express written permission of DCS, or one of its designates. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of DCS, as well as other authors who created the materials, and may be subject to monetary damages and penalties. All trade names, trademarks, and images and biographical information of people used in the Site content and contained in the Site, including without limitation the name and trademark “The Designer's Creative Studio]”, are either the property of, or used with permission by, the Site. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify DCS at the contact information provided below. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

Site security

The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk. See Privacy Policy to understand how the Site uses and manages User's personal information. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.designerscreativestudio.com/pages/privacy-policy 

If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

Subscriptions

Some parts of the Service may be billed on a subscription basis (“Subscription(s)”, “Membership”) in the future, although this Service is not yet available. Users will be billed in advance on a recurring basis as defined by the Subscription They have purchased; specific definitions as to the services in each level of membership will be included on the Site. Users personal information will be collected, stored and used in accordance with the Privacy Policy.

Information about children using the Site 

The Site is not designed for children under the age of 16 years, so if you are under 16 We ask that you do not use our site or give us your personal information (if you are a young creative genius, please direct your nearest responsible adult to use the site for you!). If you are from 16 to 18 years, you can browse the site but you’ll need the supervision of a parent or guardian to become a registered user. It is the responsibility of parents or guardians to monitor their children’s use of our site.

No professional-client relationship

Users of the Site -including any implementations set out in the Site and/or use of any resources available or purchased from the Site- does not create a professional-client relationship between the User and DCS or any of Their professionals. The Site cannot accept Users as “clients”. 

The only method of forming a professional-client relationship is through access to the Consultation services page provided by the Site (DCS) as “contact only” to the services of Theron Skees; all services offered, discussed or rendered therein will be determined separately from DCS and the Site. Any personal information gathered from this page will be used according to the Site’s Privacy Policy. 

Termination

Users are free to stop using Our services at any time. We also reserve the right to suspend or end the Services at any time at Our discretion and without notice. For example, We may suspend or terminate your use of the Services if you are not complying with the Terms of Use or use the Services in a manner that would cause Us legal liability, disrupt the services or disrupt others’ use of the Services. Except for paid accounts, we reserve the right to terminate and delete your account if you haven’t accessed Our Services for 12 consecutive months. We will, of course, provide you with notice via the email address associated with your account before we do so. We reserve the right to cancel any paid service at Our discretion and for any reason, however, We will provide notice of such termination 30 days in advance via the email address associated with your account.

Errors and Omissions

The Site assumes no responsibility or liability for any errors or omissions in the content contained therein. The information contained in the Site is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness or without any warranties of any kind whatsoever, expressed or implied. The Site does not warrant that any information or material used will be uninterrupted, error-free, omission-free, or free of viruses or other harmful items. 

IN NO EVENT SHALL DCS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF DCS HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by The Designer’s Creative Studio, LLC.

The Designer’s Creative Studio, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Designer’s Creative Studio, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

DCS SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, PAYPAL payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. DCS RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. DCS ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD DCS DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. DCS RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. DCS RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER DCS IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. DCS MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. DCS SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Governing law and jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, Florida. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Contact Us

If you have any questions about these Terms, please contact us.

[email protected]

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