Terms of Serivice

Last Updated: 2 December 2022

Thank you for being interested in thisise.tech ("Creator," "we," or "us") and our website at thisise.tech, provided through Squarespace (the "Service"). These Terms of Service are a legally binding contract between you and the Creator regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING "I ACCEPT," OR BY OTHERWISE ACCESSING OR USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CREATOR'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND THE CREATOR'S PROVISION OF THE SERVICE TO YOU, CONSTITUTE AN AGREEMENT BY THE CREATOR AND BY YOU TO BE BOUND BY THESE TERMS.

Creator Service Overview. We offer a website where you can purchase merchandise that we make available for sale, including digital products and memberships ("Memberships" and, collectively, with all other merchandise, "Products").
Eligibility. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that:

You are at least 13 years old;
You have not previously been suspended or removed from the Service;
Your registration and use of the Service comply with all applicable laws and regulations. If you are an entity, organization, or creator, the individual accepting these Terms on your behalf represents and warrants that they have the authority to bind you to them and that you agree to be bound by them.

Accounts and Registration. To access any Membership, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide is accurate and that you will always keep it accurate and up-to-date. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and accept responsibility for all activities under your account. If you believe your account is no longer secure, you must immediately notify us at iskren@hey.com.
General Payment Terms. Purchase of any Product through the Service may require you to pay fees. Before you pay any fees, you can review and accept the fees you will be charged. All fees and prices are in U.S. Dollars.

Price. The Creator reserves the right to determine prices for all Products and Memberships. Creator will make reasonable efforts to keep pricing information published on the website up to date. Please check our website periodically for current pricing information. The Creator may change the fees for any Product or Membership if the Creator gives you advance notice of changes before they apply. At its sole discretion, Creator may make promotional offers with different features and pricing to any of the Creator's customers.
Authorization. You authorize the Creator and its third-party payment processors to charge all sums for the Products & Memberships you purchase & subscribe to, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Creator or its third-party payment processors may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Memberships. Memberships may include automatically recurring payments for periodic charges. If you activate such a Membership, you authorize the Creator or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or the applicable Membership, all accrued sums on or before the payment due date for the accrued sums. The "Membership Billing Date" is the date when you purchase the applicable Membership. Your account will be charged automatically on the Membership Billing Date for all applicable fees and taxes for the next Membership period. The Membership will continue unless and until you cancel your Membership or we terminate it. You must cancel your Membership before it renews to avoid billing the next periodic Membership Fee to your account. The Creator or its third-party payment processor will bill the recurring Membership Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Membership by contacting us at: iskren@hey.com.
Returns and Refunds. We will accept all returns for defective physical Products made within 30 days of the purchase date ("Returns"). We will issue you a full refund for all Returns and will pay for any return if such shipping is required. We will not accept any returns of, nor issue any refunds for, any physical Products that are not defective. Due to the nature of digital products being immediately accessible upon purchase, no refunds of any fees or other amounts in connection with the digital products will be allowed under any circumstances. All digital product sales are final. Contact us for assistance if you encounter a missing digital product file or witness a download error: iskren@hey.com.

Shipping and Delivery. All Products purchased through the Service will be shipped according to the terms provided at the time of purchase to the shipping address you provide to us. You will be responsible for all shipping costs, which will be specified for you at checkout.
Licenses

Limited License. Subject to your complete and ongoing compliance with these Terms, Creator grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and any Memberships to which you have subscribed during the term of your subscription.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not:

Reproduce, distribute, publicly display, or publicly perform the Service;
Make modifications to the Service;
Interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service or any Products ("Feedback"), then you hereby grant Creator an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

Ownership; Proprietary Rights. The Service is owned and operated by the Creator. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service and Products ("Materials") provided by the Creator are protected by intellectual property and other laws. All Materials included in the Service are the property of the Creator or its third-party licensors. Except as expressly authorized by the Creator, you may not use the Materials. Creator reserves all rights to the Materials not granted expressly in these Terms.
Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
Violate, or encourage others to violate any right of a third party, including by infringing or misappropriating any third party intellectual property right;
Interfere with security-related features of the Service, including by:

Disabling or circumventing features that prevent or limit the use or copying of any content;
Reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

Interfere with the operation of the Service or any user's enjoyment of the Service, including by:

Uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
Making any unsolicited offer or advertisement to another user of the Service;
Collecting personal information about another user or third party without consent;
Interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

Perform any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
Attempt to do any of the acts described in this Section 7 or assist or permit any person in engaging in any of the acts described in this Section 7.

Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time. Check these Terms periodically for changes. If a change to these Terms modifies your rights or obligations, we may require that you accept the modified Terms to continue using the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial changes are effective upon publication. Except as expressly permitted in this Section 8, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved under the version that was in effect when the dispute arose.
Term, Termination, and Modification of the Service

Term. These Terms are effective beginning when you accept the Terms or first access or use the Service and ending when terminated as described in Section 9.2.
Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminates. In addition, Creator or Squarespace may, at their sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at iskren@hey.com.
Effect of Termination. Upon termination of these Terms:

Your license rights will terminate, and you must immediately cease all use of the Service;
You will no longer be authorized to access your account or the Service;
You must pay Creator any unpaid amount that was due prior to termination;

Modification of the Service. The Creator reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. The Creator will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

Indemnity. To the fullest extent permitted by law, you are responsible for using the Service. You will defend and indemnify the Creator and its officers, directors, employees, consultants, affiliates, subsidiaries and agents, and Squarespace (together, the "Creator Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with:

Your unauthorized use of, or misuse of, the Service;
Your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
Your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right;
Any dispute or issue between you and any third party. At our own expense, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations concerning that matter). In that case, you agree to cooperate with our defense of those claims.

Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. THE CREATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING ANY IMPLIED
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THE CREATOR ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CREATOR ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
WE PROVIDE THE SERVICES THROUGH SQUARESPACE, BUT THESE TERMS AND ANY PURCHASES OF PRODUCTS ARE SOLELY BETWEEN YOU AND THE CREATOR. YOU HEREBY ACKNOWLEDGE THAT SQUARESPACE IS NOT A PARTY TO, AND WILL HAVE NO LIABILITY RESULTING FROM, THESE TERMS, ANY DAMAGES OR LOSSES YOU INCUR AS A RESULT OF USING THE SERVICE OR THE PURCHASE OF PRODUCTS.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Creator does not disclaim any warranty or other right that the Creator is prohibited from disclaiming under applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CREATOR ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CREATOR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CREATOR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF:

THE AMOUNT YOU HAVE PAID TO THE CREATOR FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM;

EACH PROVISION OF THESE TERMS PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Miscellaneous

General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Creator regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not impact the interpretation of any provision. Throughout these Terms, the use of the word "including" means "including but not limited to". If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms are governed by the laws of the country of Bulgaria without regard to conflict of law principles. You and the Creator submit to the personal and exclusive jurisdiction of the state courts and federal courts located within the capital Sofia to resolve any lawsuit or court proceeding permitted under these Terms.
Privacy Policy. Please read the Creator Privacy Policy carefully for information about the collection, use, storage, and disclosure of your personal information. The Creator Privacy Policy is incorporated by this reference into and made a part of these Terms.
Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference and made a part of these Terms.
Consent to Electronic Communications. By using the Service, you consent to receive certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal communication requirements, including those communications being in writing.
Contact Information. Incredible Studio Ltd offers the Service. You may contact us by sending correspondence by emailing us at iskren@hey.com.
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service is intended for visitors located worldwide. We do not represent that the Service is appropriate or available in every country.