Please read this agreement carefully to ensure that you understand each provision.
1. Use of Our Service
Our Service in a Snapshot. Chamink Studio operates an online design platform and media licensing service that empowers our users, members, artists, designers, photographers and others to design and collaborate. We provide ready-made media and content that is licensable for use in accordance with our various licenses.
Eligibility. You may use the Service only if you can form a binding contract with Chamink Studio, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Chamink Studio. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the Chamink Studio Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Chamink Studio reserves all rights not expressly granted herein in the Service and the Chamink Studio Content (as defined below). Chamink Studio may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.
Chamink Studio is a great service to use for creating your designs, but you have to be at least 13 years of age and fully able to form binding contracts in order to use it. You may not use the Service in violation of these terms or any laws or regulations.
2. Chamink Studio Accounts
Your Chamink Studio account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Chamink Studio account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Chamink Studio with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. In order to be accepted as a Contributor (as defined below), we may require you to submit a valid photo identification. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify Chamink Studio immediately of any breach of security or unauthorized use of your account. Chamink Studio will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your account. By providing Chamink Studio your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Chamink Studio usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
When you create a Chamink Studio account, you have to provide us with
accurate information. You are responsible for any activity that occurs on
your account, so make sure you have a strong password.
Your Chamink Studio account is your unique identity. Don’t let anyone else use your Chamink Studio account.
You can control your User profile and how you interact with the Service by adjusting your account settings. We might email you important messages and information we think you’ll find useful. We will stop sending you promotional materials if you tell us you’re not interested.
3. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Chamink Studio servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Chamink Studio Content (as defined below), including any Chamink Studio trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Chamink Studio Content; (xiv) using the Service or any Chamink Studio Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any Chamink Studio trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Chamink Studio trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Chamink Studio; (xviii) using any Chamink Studio Content to link to the Chamink Studio website without the prior written consent of Chamink Studio; or (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of Chamink Studio.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Chamink Studio Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Chamink Studio prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Chamink Studio may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Chamink Studio in each instance. If such consent is granted, you may not submit identical Stock Media (as defined below) to more than one account.
You are solely responsible for your interactions with other Chamink Studio Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Chamink Studio shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Chamink Studio does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
Don’t be bad. Don’t steal any content, try to hack our servers, send spam or break any other rules, regulations, or laws.
We love working with you, but please don’t stretch the relationship. These
are things we don’t want you to do with the Chamink Studio brand or
Play nice. You’re responsible for your interactions with others. We have the right to terminate our Services or your access to the Service.
4. User Content
4.1 Uploading and Publishing User Content to Chamink Studio.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Chamink Studio reserves the right, but is not obligated, to reject and/or remove any User Content that Chamink Studio believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
Your User Content and Chamink Studio use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
Chamink Studio may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to Chamink Studio, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Chamink Studio for the purposes set forth herein.
Your User Content is neither obscene, defamatory, or otherwise objectionable.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Chamink Studio.
If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
You will not engage in pay per click advertising using keywords which compete with Chamink Studio own campaigns in order to promote your relationship with Chamink Studio nor will you use or engage a third party on your behalf to use Chamink Studio in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Chamink Studio shall send you written notice of such claim, using the email address provided by you to Chamink Studio, specifying the details of the claim as then known to Chamink Studio. Pending the determination of such claim, Chamink Studio may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Chamink Studio.
Chamink Studio takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Chamink Studio shall not be liable for any damages you allege to incur as a result of User Content, Stock Media or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that Chamink Studio may disclose such User Content to law enforcement or other
5. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “Chamink Studio Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Chamink Studio and its licensors (including other Users who post User Content or contribute Stock Media (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Chamink Studio Content. Use of the Chamink Studio Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Except for the User Content you provide to Chamink Studio, all materials on the Service are exclusively owned by us or our licensors. Don’t steal any of the content that’s helping you make fantastic designs.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Chamink Studio under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Chamink Studio does not waive any rights to use similar or related ideas previously known to Chamink Studio, or developed by its employees, or obtained from sources other than you.
We love it when / if you give us feedback and suggestions, but unfortunately we can’t pay you if we implement an idea you sent us.
7. Paid Services
7.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Chamink Studio may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
7.2 No Refunds.
You may cancel your Chamink Studio account at any time; however, there are no refunds for cancellation. In the event that Chamink Studio suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
7.3 Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
Some of the stuff on our site requires you to pay for it, and we love that you’re supporting our artists. By initiating a purchase on Chamink Studio, you agree to pay all charges associated with your transaction. Once you’ve provided a payment to us, we don’t provide any refunds.
7.3.1 Credit Card
Credit card payment option is available for all Buyers. Chamink accepts all Visa and MasterCards credit cards (verified by Visa and secured by MasterCard). All credit card information of Buyers are protected by industry leading encryption standards.
Please take note that additional charges may be incurred if Buyer is using a non-Malaysian issued card due to foreign exchange rates.
7.3.2 Debit Cards
7.3.3 Online Banking
By choosing this payment method, the Buyer shall transfer the amount of the total purchase price for the Goods purchased by Buyer to a Chamink account (including any applicable taxes, fees and shipping costs). The transaction must be payable in Ringgit Malaysia. Chamink, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time.
8. Chamink Studio Property
Certain aspects of the service may allow you to obtain certain reputational or status indicators (“Chamink Studio Property”). You understand and agree that regardless of terminology used, Chamink Studio Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Chamink Studio sole discretion. Chamink Studio Property is not redeemable for any sum of money or monetary value from Chamink Studio at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Chamink Studio on Chamink Studio servers, including without limitation any data representing or embodying any or all of your Chamink Studio Property. You agree that Chamink Studio has the absolute right to manage, regulate, control, modify and/or eliminate Chamink Studio Property as it sees fit in its sole discretion, in any general or specific case, and that Chamink Studio will have no liability to you based on its exercise of such right. All data on Chamink Studio servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Chamink Studio servers, may be deleted, altered, moved or transferred at any time for any reason in Chamink Studio sole discretion, with or without notice and with no liability of any kind. Chamink Studio does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Chamink Studio servers.
Although your profile might say “King of Chamink Studio”, the status you generate as a Chamink Studio User has no monetary value, and we may delete it.
Chamink Studio cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
This one’s short enough for you to read.
11. Notification Procedures and Changes to the Agreement.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Chamink Studio failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at email@example.com with any questions regarding this Agreement.