MADBOXX MEDIA STUDIO Terms and Conditions
Last updated August 16
Terms and Conditions
1. Acceptance of Terms These Terms and Conditions (“Agreement”) establish the legal framework governing the relationship between you, the user, and Madboxx Media Studio LLP (“we,” “us,” or “Madboxx Media Studio”). By accessing and utilizing our web platform via www.madboxxmediastudio.com (the “Site”) and engaging with the subscription or other services we offer (the “Services”), you affirmatively acknowledge your understanding and acceptance of the conditions set forth in this Agreement. The term “Madboxx Media Studio” encompasses Madboxx Media Studio LLP and its subsidiaries, which include entities such as theartouch, artisticsketchpad, popgeek, Galgigs.org, madboxx academy, and Madinfluncers. Your use of the http://www.madboxxmediastudio.com website and its associated media forms, channels, mobile websites, or applications signifies your consent to be bound by this Agreement.
By accepting our estimate, quotation, or making a purchase on the website, you implicitly acknowledge your awareness and approval of our terms and conditions. This acceptance establishes a legally binding agreement between you and Madboxx Media Studio LLP.
Copyrights: The copyrights pertaining to all work, including but not limited to textual content, images, concepts, visual designs, videos, models, textures, and illustrations created by the Madboxx Team shall remain the property of Madboxx Media Studio LLP, unless explicitly released in writing and subsequent settlement of all relevant costs.
It is important to note that charges for our work do not encompass the release of our copyright source files. In cases where you require these source files for potential transfer to an in-house team or other parties, a separate quotation or “buy-out” charge will be applicable.
Upon the transfer of copyright, Madboxx Media Studio LLP retains the right to showcase the work in our portfolio and employ it for promotional purposes, including dissemination on social media, in efforts to market our company.
Even in scenarios where copyright is transferred, we reserve the right to showcase the work in our portfolio and utilize it for promotional activities or on social media, thus contributing to the marketing of our company. However, the copyright ownership will remain vested with us due to the integral role these creations play in our promotional endeavors. Should you desire complete ownership of the copyright, additional costs will be incurred.
NDA Contract: We enthusiastically extend our willingness to engage in Non-Disclosure Agreement (NDA) contracts. These agreements will be crafted with meticulous attention, ensuring that they provide you with legal recourse in the event of any breach. It’s important to note that while we are fully committed to upholding our contractual obligations, legal actions will be governed by the laws and regulations of India. As such, any legal proceedings arising from the contract would be pursued within the jurisdiction of India.
Refund in NDA: In situations where our ability to fulfill our commitments is compromised, we are open to engaging in discussions regarding appropriate refund arrangements. It’s crucial to acknowledge that refunds, if deemed applicable, will be processed after deducting relevant charges, including labor fees, taxes, and the value of any completed or accepted work. Transparency is a cornerstone of our communication strategy, and we strive to ensure your satisfaction while adhering to a fair and ethical refund policy.
Delivery and Copyright Cost: Our regular delivery timelines are typically determined by the complexity and scope of each project, often ranging from 1 to 4 weeks or more. For those seeking expedited delivery to meet tighter deadlines, an additional cost equivalent to 100% of the project fee will be incurred.
2. Privacy Policy Your privacy is of paramount importance to us. Our privacy policy, outlined comprehensively at https://www.madboxxmediastudio.com/privacy-policy/ (the “Privacy Policy”), elaborates on how we collect, handle, and safeguard your personal information. By continuing to utilize this Site, you signify your unequivocal acceptance of the Privacy Policy, which is seamlessly integrated into the fabric of this Agreement.
3. The Services Once you fulfill the prerequisites outlined in this Agreement and subscribe to an applicable plan, we will make the corresponding Services accessible to you for the duration of your subscription. We are deeply committed to maintaining the availability of our Services, accounting for both planned downtime and unforeseen emergency maintenance. However, it is essential to note that we reserve the prerogative to modify, replace, or discontinue any of our Services at our sole discretion and without the need for prior notice.
4. User Responsibilities Your authorization to access and utilize our Services is contingent upon strict adherence to the terms stipulated in this Agreement. It is incumbent upon you to provide accurate, current, and complete information about yourself, as outlined in your “User Information,” and to promptly update this information whenever necessary. Additionally, it is your responsibility to ensure the security of your account password and identification details. In the unfortunate event of unauthorized access to your account or any security breaches, it is imperative that you promptly notify us.
5. Ownership and Usage of Content In the context of this Agreement, “Deliverables” denote content that has been meticulously crafted for you based on your explicit design requisitions. It is worth highlighting that “Licensed Content” within these Deliverables is subject to distinct licensing conditions that warrant careful consideration.
6. License of Content By remaining in continuous compliance with the terms set forth in this Agreement and promptly fulfilling payment obligations, we bestow upon you a finite, non-exclusive, and non-transferable license. This license grants you access to and usage of our Services solely for the purpose of advancing your internal business pursuits. It is important to stress that this license is contingent upon your consistent adherence to the conditions stipulated herein.
In return, you grant us an enduring, worldwide, non-exclusive, and transferable license to commercially exploit any feedback, suggestions, or recommendations you provide. This reciprocal arrangement ensures that both parties can capitalize on the potential insights and innovations that may arise during the course of our collaborative engagement.
7. Fees and Payments Our commitment to delivering high-quality Services necessitates the payment of recurring fees. By availing yourself of our offerings, you unequivocally agree to honor your financial obligations by remitting fees and taxes in accordance with the terms set forth during the registration process. In alignment with our commitment to transparency, all fees are due upon receipt of the corresponding invoice.
It is pertinent to acknowledge that while our Services empower you to excel in your endeavors, we retain the right to implement modifications to the fee structure. In such instances, we will provide you with sufficient notice of these changes. Furthermore, by continuing to use our Services following these alterations, you effectively communicate your acceptance of the revised fee arrangements. https://www.madboxxmediastudio.com/payment-refund-cancelation-policy/ (the “payment-refund-cancelation-policy”)
8. Termination This Agreement draws to a conclusion upon the termination of your account or subscription. We, too, possess the prerogative to terminate this Agreement with due notice, particularly in cases where default or breach of the agreement’s terms occurs.
9. Limitation of Liability It is essential to underscore that the Site and our Services are provided on an “as is” and “as available” basis. Consequently, we categorically disclaim any and all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. While we remain steadfast in our commitment to delivering excellence, we cannot guarantee the accuracy, completeness, or reliability of Site content or the information contained within linked websites. Your utilization of the Site and Services is inherently associated with an element of risk, and we advocate the exercise of prudence in this regard.
10. Disputes Resolution and Choice of Law The interpretation and application of this Agreement are governed by the laws of the State of Madhya Pradesh, India. By mutually embracing this Agreement, both parties commit to the exclusive jurisdiction and venue of the state or federal courts located in Bhopal, Madhya Pradesh, India, in the event of any disputes or claims arising from or associated with this Agreement.
11. Entire Agreement This Agreement, with its comprehensive scope and all-encompassing nature, constitutes the summation of the collective understanding between you and Madboxx Media Studio LLP. It supersedes any and all prior communications, agreements, or proposals between the involved parties. The Agreement is designed to set forth the guiding principles that underscore our collaborative engagement and encompasses all aspects of your interactions with our platform and Services.
Please recognize that while this Agreement provides a robust framework for our interactions, it is not a static entity. Instead, it is equipped with the capacity to evolve in response to changing circumstances and emerging legal developments. As such, it is incumbent upon you to review the Agreement periodically, ensuring your awareness of any modifications that may be introduced.
12. Modification of Terms We retain the prerogative to modify or update this Agreement at our discretion. Any such changes will be effectuated upon their posting on the Site, serving as a tangible notice to all concerned parties. By continuing to utilize the Site and Services subsequent to the implementation of these modifications, you demonstrate your unambiguous acceptance of the revised terms and conditions.
13. User Conduct The hallmark of our collaboration is your commitment to using the Site and Services in strict adherence to all applicable laws and regulations. It is imperative that you refrain from engaging in activities that could potentially disrupt, interfere with, or compromise the seamless functioning, security, or accessibility of the Site. Your actions should at all times reflect an appreciation for ethical conduct and responsible engagement.
14. Intellectual Property We wish to underscore that all content, materials, and trademarks present on the Site are either owned by us or licensed to us. These elements are safeguarded by the ambit of intellectual property laws, a protective shield that shields them from unauthorized utilization. By extension, you are explicitly prohibited from undertaking actions such as reproduction, distribution, modification, or creation of derivative works based on these components without obtaining our explicit consent.
15. Third-Party Links and Services The Site may contain links to third-party websites or services, a feature that is intended to enrich your online experience. However, it is crucial to recognize that we do not exert any degree of control over these third-party sites. Consequently, we cannot be held responsible for the content or actions undertaken by these external entities. It is incumbent upon you to exercise discernment and prudence in your interactions with these third parties, as any engagements are exclusively between you and the respective third parties.
16. Governing Law and Venue This Agreement is unequivocally governed by and interpreted in accordance with the laws of the State of Madhya Pradesh, India. This choice of governing law ensures that the application of the Agreement’s provisions is subject to a uniform standard. Furthermore, any legal actions or proceedings stemming from this Agreement will be exclusively conducted within the state or federal courts situated in Bhopal, Madhya Pradesh, India.
17. Waiver We wish to clarify that any failure on our part to enforce a particular provision of this Agreement does not equate to a waiver of that provision or our right to enforce it in the future. Our decision to forego enforcement in one instance should not be misconstrued as a relinquishment of our broader rights.
18. Severability Should a circumstance arise wherein any provision of this Agreement is deemed unlawful, void, or unenforceable, this finding will not nullify the entire Agreement. Instead, the remaining provisions will continue to operate with full effect, preserving the integrity and enforceability of the Agreement as a whole.
19. Assignment Your capacity to assign or transfer the rights and obligations delineated in this Agreement is expressly contingent upon obtaining our prior written consent. This requirement reflects our desire to ensure that such assignments or transfers are conducted in a manner that preserves the overall integrity and coherence of the Agreement. In contrast, we reserve the latitude to assign this Agreement without necessitating your consent.
20. Notices For all matters pertaining to this Agreement, effective communication is of the essence. As such, all notices, requests, and other relevant communications must be rendered in writing and dispatched to the address provided in the “Contact Us” section of this Agreement. This meticulous attention to communication underscores our commitment to maintaining transparency and clarity in our interactions with you.
21. Contact Us We are fully committed to fostering open channels of communication to address your inquiries, resolve your concerns, and streamline the resolution of any issues. To this end, we provide you with the following contact details for reaching out to us:
Madboxx Media Studio LLP G-3/474, Gulmohar Colony Huzur, Trilanga Bhopal, Madhya Pradesh 462039 India Email: support@madboxxmediastudio.com
22. Electronic Communications, Transactions, and Signatures By engaging with the Site and our Services, you signify your unequivocal acceptance of electronic communications, electronic signatures, electronic contracts, and the viability of electronic records. This acceptance serves as a waiver of any rights or claims that necessitate the utilization of non-electronic records or signatures.
23. California Users and Residents For users and residents of California, we wish to make known that the Department of Consumer Affairs of the State of California offers a resource for addressing complaints that remain unresolved through our internal mechanisms. This resource is the Complaint Assistance Unit of the Division of Consumer Services.
24. Miscellaneous This Agreement, which outlines the contours of our engagement, constitutes the comprehensive understanding between you and us. It is imperative to clarify that this Agreement does not give rise to a partnership, employment relationship, or agency arrangement between the parties involved. Moreover, this Agreement serves as a potent defense against claims grounded in the assertion that its electronic format renders it unenforceable.
25. User Data As stewards of the data transmitted to the Site, we undertake the responsibility of managing this data to optimize Site performance. Additionally, data associated with your activities on the Site falls within our purview. While we take the initiative to perform regular data backups, the ultimate responsibility for the data you transmit or that is related to your interactions with the Site rests squarely on your shoulders. In this regard, we disclaim liability for any loss or corruption of such data.
26. Indemnification It is incumbent upon you to uphold the principles of responsible engagement, as outlined in this Agreement. By committing to defend, indemnify, and hold us and our subsidiaries, affiliates, and employees harmless, you shield us from any loss, damage, liability, claim, or demand that may arise due to: (1) your use of the Site; (2) breach of this Agreement; (3) your failure to uphold the representations and warranties stipulated in this Agreement; (4) violations of third-party rights, including but not limited to intellectual property rights; or (5) any actions that harm other Site users.
27. Disclaimer of Warranties The Site and our Services are provided on the foundation of an “as is” and “as available” framework. We wish to underscore that we disclaim any and all warranties, whether express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. While we are committed to providing accurate and valuable content, we cannot guarantee the accuracy, completeness, or reliability of the information present on the Site or linked to the Site. Engaging with the Site and its Services is done at your sole discretion and risk.
28. Limitation of Liability In no event shall we, along with our directors, employees, or agents, be held liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site or Services. This limitation of liability serves as an essential component of our effort to ensure transparency and clear expectations.
29. Exceptions to Informal Negotiations and Arbitration We acknowledge that certain disputes transcend the parameters of informal negotiation and binding arbitration, as delineated in Sections 10 and 11 of this Agreement. These exceptions encompass disputes linked to intellectual property rights, piracy, unauthorized use, theft, and claims for injunctive relief.
30. Survival The substance of Sections 5, 6, 7, 8, 9, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30 is designed to endure the termination or expiration of this Agreement. These sections, characterized by their enduring relevance, continue to guide and inform our relationship even in the absence of this Agreement.
31. Entire Agreement The all-encompassing nature of this Agreement, fortified by its comprehensive scope, serves to encapsulate the collective understanding between you and Madboxx Media Studio LLP. Any prior agreements, communications, or proposals are rendered obsolete in the wake of this Agreement’s comprehensive framework. By embracing this Agreement, you signal your readiness to align your actions with its guiding principles.
32. Consent to Electronic Communications We wish to inform you that, by engaging with the Site and Services, you consent to the receipt of electronic communications. This consent extends to all agreements, notices, disclosures, and other forms of communication that are provided in electronic format. This consent is a testament to the viability of electronic records and signatures as a medium of communication that fulfills legal requirements.
33. Force Majeure While our commitment to providing consistent Services is unwavering, it is essential to acknowledge that certain circumstances fall beyond our control. Instances such as acts of God, war, terrorism, labor strikes, natural disasters, and disruptions in communication networks can impede our ability to deliver. In such instances, we shall not be held responsible for any failure or delay in performance attributable to circumstances beyond our reasonable control.
34. Dispute Resolution In the event of any dispute or claim arising from or in connection with this Agreement, both parties agree to embark on a period of informal negotiations spanning at least thirty (30) days. If the outcome of these negotiations is not satisfactory, the matter shall be referred to binding arbitration, as elucidated in Sections 10 and 11 of this Agreement.
35. Waiver of Class Actions By your acceptance of this Agreement, you tacitly waive any right or authority to pursue dispute resolution through class-action mechanisms. This waiver extends to any claims or actions brought in a representative capacity on behalf of the general public or other individuals.
36. Third-Party Beneficiaries It is essential to underscore that this Agreement is designed solely for the benefit of the parties directly involved, namely you and Madboxx Media Studio LLP. Third parties are not conferred with any rights or benefits under the aegis of this Agreement.
37. Headings The headings used in this Agreement are intended for the sake of convenience and ease of reference. These headings do not hold the power to alter or impact the interpretation or enforceability of the provisions contained within.
38. Counterparts The execution of this Agreement can take place in multiple counterparts, with each counterpart deemed an original and all counterparts collectively constituting a singular, unified instrument. This approach streamlines the administrative aspects of formalizing this Agreement.
39. Reservation of Rights The rights and privileges not expressly conferred upon you in this Agreement remain vested in us. This reservation is integral to safeguarding the essence of our collaborative engagement and the terms under which we operate.
40. Effective Date This Agreement’s commencement is marked by the first instance of your access to the Site, utilization of our Services, or engagement with our estimates, meetings, or calls. It signifies the initiation of our collaboration under the principles and guidelines enshrined in this comprehensive Agreement.
