T&C's of Use
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Welcome to our web site (www.sunshinestudio.ch, the "Website"). These General Terms and Conditions of Use (the "Terms") govern the access to and use of the Website. By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Conditions of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By accessing and using the Website as well as by purchasing the products on the Website, you agree to be bound by these Terms. This website is managed and maintained by Sunshine Studio ("Sunshine Studio "), with office in Lugano, Switzerland.
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We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
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We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes. For any other legal information, go to the sections: T&C’s of Use, Privacy Policy, Cookies, T&C’s of Sale, Cancellations, Returns and Refunds.
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The access to and use of the Website, including display of web pages, downloading product information and making purchases on the website, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of the Website and its contents. Sunshine Studio shall not be considered liable for any use of the web site and its contents made by its users that is not compliant with the laws and regulations in force.
In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event such third parties have not given their consent) as well as for any improper use of such data or information.
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1. Privacy Policy
For your information, we recommend that you read the Privacy Policy section.
2. Intellectual Property Rights
All content included on this Website is the property of Sunshine Studio and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of Sunshine Studio as the case may be.
Sunshine Studio shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Sunshine Studio shall have the right, at any time, to claim the authorship of any Content posted on this Website and to object to any use, distortion or other modification of such Content.
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Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of the Content is prohibited, unless expressly authorised in writing by Sunshine Studio; if this is the case, it shall be carried out for lawful purposes only and in compliance with all applicable laws.
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If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments or material that you forward to us. We are and shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.
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We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
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Any ideas, content of any kind (including, without limitation, artwork, ceramics, text, software, photographs, videos, audio visual recordings, graphics, music, and sound), or other information you provide to us by using the #doratelman hashtag in a post on Instagram tagging @ SunshineStudio or tagging @ SunshineStudio (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission, as well as your name, Instagram, profile picture, image, likeness, comments, posts, statements or other information, in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
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When you make a Submission using the # SunshineStudio in a post on Instagram, you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Sunshine Studio without restriction. You represent and warrant that your provision of Submissions complies with all applicable laws, rules and regulations, Instagram's Terms of Use and any third-party agreements to which you are subject.
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You agree to indemnify us, Instagram, and any of our or their respective parents, affiliates, licensees, licensors, and each of their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (i) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (ii) any breach or alleged breach by you of any of these Terms or applicable laws. You acknowledge that Sunshine Studio is not responsible for, and has no liability for, any use of all or any part of a Submission by any third party.
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3. Links to Other Web Sites
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
4. Links to the Website
Please, contact Sunshine Studio at the following e-mail address: info@sunshinestudio.ch if you are interested in linking the home page of the Website and other web pages which can be publicly accessible.
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5. Disclaimers on Content
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
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In no case shall Sunshine Studio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
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Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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6. Governing Law
These General Terms and Conditions of Use are exclusively governed by Swiss law.
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7. Compliances