TERMS OF USE
For the website: https://www.francemarsstudio.com/
PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE
The following terms and conditions govern and apply to your use of, or recourse to, the website maintained by FRANCE MARS STUDIO (the "Site").
By accessing or browsing the Site, you acknowledge that you have read and understood these terms and conditions and agree to be bound by them. Please note that we may modify these terms of use at any time without notice. Your continued use of the Site will be considered your acceptance of the revised terms and conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Site, with the exception of user-generated content as defined below, is owned by us or our licensors and includes anything protected by copyright, trademark, or patent. All registered trademarks are owned, registered, and/or licensed by us. All content on the Site, with the exception of user-generated content as defined below — including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features, and any other content — is a collective work under Canadian law or any other applicable copyright law and is the property of FRANCE MARS STUDIO. All rights reserved.
2. USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the Site, including, without limitation, documents, data, or information developed by us, or any other material that may assist you in using the Site or its services (the "Company Content"). Company Content may not be used for any purpose other than the use of the Site and the services offered on it. Nothing herein shall be construed as granting you any license or intellectual property rights.
3. USER-GENERATED CONTENT
"User-generated content" includes communications, materials, information, data, opinions, photos, profiles, messages, notes, hyperlinks, text, designs, graphics, sounds, or any other content that you and/or other users of the Site post or make available on or through the Site, with the exception of content that is our property.
4. PAYMENT
When you make a purchase on the Site, you agree to provide a valid payment method. Please pay close attention to transaction details, as the total price may include taxes, fees, and shipping costs for which you are responsible.
By providing us with a payment method, you represent that you have permission to use that payment method. When you make a payment, you authorize us, as well as the payment service we use, to charge the total amount to the payment method you have designated for the transaction. You also authorize us to collect and store this payment method along with any other information related to the transaction.
If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total transaction amount. If you choose to cancel a transaction before it is completed, funds used for the pre-authorization may not be immediately available in your account.
We reserve the right to cancel any transaction if we believe it violates these terms of use or if we believe doing so may prevent financial loss.
To prevent financial loss, we may contact the issuer of your payment method, law enforcement authorities, or any affected third party (including other users), and may share details of any payment associated with you if we believe such action may prevent financial loss or a violation of the law.
5. SALE OF PRODUCTS AND/OR SERVICES
We may sell goods or services. We are committed to being as accurate as possible regarding any information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any information relating to a product, and you acknowledge and agree that your purchase of such products is at your own risk.
Some products are custom-made according to your specifications and photographs. Please refer to our Return & Exchange Policy and our Shipping Policy for more details.
5.1 COPYRIGHT ON ILLUSTRATIONS
Each illustration created by FRANCE MARS STUDIO remains the exclusive intellectual property and copyright of FRANCE MARS STUDIO, even after the original artwork (and digital version, where applicable) has been purchased and delivered to the client.
Where the client receives the original artwork, it is accompanied by a personal, non-exclusive license allowing them to display and share it for personal purposes (for example, on their social media).
FRANCE MARS STUDIO reserves the right to reproduce, scan, and use any illustration created for marketing purposes, including on its website and social media, as well as to sell reproductions or prints of certain illustrations.
Any commercial use, reproduction, or distribution of the illustration by the client, without FRANCE MARS STUDIO's prior written consent, is strictly prohibited.
6. AFFILIATE MARKETING AND ADVERTISING
Through the Site and its services, we may engage in affiliate marketing activities for which we receive a commission or percentage of sales. We may also accept advertising or sponsorship from commercial businesses or receive other forms of advertising compensation.
7. ACCEPTABLE USE OF THE SITE
You agree not to use the Site for any unlawful purpose or any other purpose prohibited under this clause. You agree not to use the Site in any way that could harm the Site, its services, or FRANCE MARS STUDIO's business activities.
You also agree not to use the Site for the following purposes:
a) harassing, abusing, or threatening others, or otherwise violating a person's rights;
b) infringing on the intellectual property of FRANCE MARS STUDIO or any other third party;
c) uploading or transmitting computer viruses or any other software that could damage FRANCE MARS STUDIO's property;
d) committing fraud;
e) creating or participating in gambling, lottery, or unlawful pyramid scheme activities;
f) posting or distributing obscene or defamatory material;
g) posting or distributing any material that incites violence, hatred, or discrimination against any group; and/or
h) unlawfully collecting information about others.
8. PRIVACY PROTECTION
By using our Site, you may provide us with certain information. By using the Site, you authorize us to use your information in Canada and in any country in which we may operate.
We may receive information from external applications you use to access our Site, or we may receive information about you through various web technologies such as cookies, browsing history, invisible pixels (also known as "invisible GIFs"), tags, and others.
We use the information collected from you to ensure a good experience on the Site. We may also track certain passive information received to improve our marketing and analytics, and to do so, we may work with third-party providers, including other merchants.
If you wish to block our access to any passive information we receive through the use of various technologies, you may choose to disable cookies in your web browser.
9. DISCLAIMER
Our Site exists for communication purposes only. You acknowledge and agree that any information published on our Site is not intended to constitute legal, medical, or financial advice, and no fiduciary relationship has been created between you and FRANCE MARS STUDIO. You also agree that your purchase of products or services on the Site is at your own risk. We are in no way responsible for any advice or other information conveyed on the Site.
10. REVERSE ENGINEERING AND SECURITY
You may not undertake any of the following actions:
a) reverse engineer or disassemble any code or software on or from this Site;
b) violate or attempt to violate the security of the Site through unauthorized access, circumvention of encryption or any other security tool, data mining, or interference with any host, user, or network.
11. ANTI-SPAM POLICY
You are strictly prohibited from using the Site or any service offered on the Site for unlawful spam-related activities, including collecting the addresses and personal information of others or sending mass commercial emails.
12. THIRD-PARTY LINKS AND CONTENT
We may publish links to third-party sites or services. We are in no way responsible for any damages or losses related to the use of third-party services linked from our Site.
13. SEVERABILITY
If any of these clauses is found to be unlawful, void, or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of the remaining clauses of these terms of use.
14. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Site to carry out maintenance or unplanned emergency work. You agree that your access to the Site may be affected by planned or unanticipated unavailability, for any reason, and that we shall not be held liable for any damages or losses resulting from such unavailability.
15. NO WARRANTY
While we have made reasonable efforts to ensure that the content of this Site is accurate, we cannot guarantee that such content is free of errors, up to date, or complete. Under no circumstances shall we be held liable for any damages arising from an error on the Site.
We assume no responsibility for any damages resulting from the misuse of the Site's content. Nor can we guarantee that the Site will be available without interruption, error, or omission, or that any defects will be corrected. It is also not possible to guarantee that the Site and the servers that make it available are free of viruses or harmful components. The Site and its content are provided "as is" and "as available," without representation, warranty, or condition of any kind, express or implied.
If you choose to subscribe to any services or features of the Site requiring registration, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and to ensure its accuracy by making necessary updates as soon as possible. You agree to keep confidential any passwords or other account identifiers you have chosen or that have been assigned to you upon registering or subscribing with FRANCE MARS STUDIO or its partners, and to assume responsibility for all activities related to the use of such passwords or accounts. You further agree to notify us of any unauthorized use of your password or member account. We shall not be held liable, directly or indirectly, for any losses or damages of any kind arising from your failure to comply with this provision or related to such failure.
You acknowledge that we may, at our sole and absolute discretion and without notice, suspend, cancel, or terminate your account, your use of, or your access to the Site or any of its services, and remove and delete any information or content related to the Site or any of the services offered (and terminate your use thereof), for any reason, including if we believe you have violated these terms. Furthermore, you acknowledge that we shall not be liable to you or anyone else as a result of such suspension, cancellation, or termination. If you are dissatisfied with FRANCE MARS STUDIO or any of its services, or with any of these terms, rules, policies, guidelines, or our practices relating to the operation of FRANCE MARS STUDIO or any of its services, your sole remedy is to stop using the Site or the service in question.
16. CONFIDENTIALITY
In addition to these terms of use, the Site has a privacy policy that describes how personal information is handled when you visit the Site, as well as how cookies are used.
For more information, please refer to our Privacy Policy above.
By browsing the Site, you also acknowledge having reviewed the aforementioned privacy policy.
17. LIMITATION OF LIABILITY
We are in no way liable for any damages you may incur arising from your use of the Site, to the fullest extent permitted by law.
18. QUESTIONS AND ADDITIONAL INFORMATION
For any questions or to obtain further information, please contact us at: francemarsstudio@gmail.com.