Terms & Policies

Introduction

Welcome to Kiani Studios LLC (“Kiani Studios”, “Company”, “we”, “our”, “us”)!

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at kianistudios.com operated by Kiani Studios LLC and related services (“Websites” or “Service”) and contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you.

Your agreement with us includes these Terms and the Privacy Policy (“Agreements”). By using our Websites and accessing our Service in any manner, you acknowledge that you have read and understood Agreements, and agree to be bound by them.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it here kianistudios.com/privacy.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing us at hello@kianistudios.com so we can try to find a solution. These Terms apply to all visitors, users, and others who wish to access or use Service.

Thank you for being responsible.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Kiani Studios and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Kiani Studios and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions.

The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Kiani Studios' express prior written permission. Kiani Studios reserves all rights in the Website, Content and Marks.

2. Ownership of Materials

Notwithstanding Kiani Studios' ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Kiani Studios to become the owner of a Project, in whole or in part, rather than Client, Kiani Studios irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.

Client warrants that any and all materials provided to Kiani Studios as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Kiani Studios always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

3. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by Kiani Studios and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Kiani Studios will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses.

So long as Kiani Studios has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User Representations

By using the Website, Client represents and warrants that:

• Client has the legal capacity and agrees to comply with these Terms of Use;
• Client is not a minor in the jurisdiction of their domicile;
• Client will not access the Website through automated or non-human means;
• Client will not use the Website for any illegal or unauthorized purpose;
• Client’s use of the Website will not violate any applicable law or regulations.

5. Prohibited Activities

Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Kiani Studios on behalf of the Client. Further, Client agrees to refrain from the following:

• Violate Laws: Use the Service in any way that violates any applicable local, national, or international laws or regulations.
• Exploit Minors: Harm or attempt to exploit minors by exposing them to inappropriate content or otherwise.
• Unauthorized Advertising: Transmit or send unsolicited advertising or promotional material unless it's related to Kiani Studios' offerings.
• Impersonation: Impersonate Kiani Studios, its employees, or any other person or entity.
• Infringement and Harmful Activities: Engage in activities that infringe upon the rights of others or are illegal, threatening, fraudulent, or harmful.
• Interference: Use any robot, spider, or other automatic or manual processes to monitor, copy, or interfere with the proper working of the Service.
• Malicious Software: Introduce viruses, Trojan horses, worms, or other malicious or technologically harmful material.
• Unauthorized Access: Attempt to gain unauthorized access to or disrupt any parts of the Service, or any server, computer, or database connected to the Service.
• Damaging Actions: Take any action that may damage or falsify Kiani Studios' rating or reputation.
• Competitive Use: Use the Service in an effort to compete with Kiani Studios or engage in unauthorized framing or linking of the Website.
• Reverse Engineering: Attempt to decipher, decompile, disassemble, or reverse engineer any part of the Service.
• Harassment: Harass, annoy, intimidate, or threaten any of Kiani Studios' employees or agents.
• Copyright Violation: Delete or modify the copyright or other rights notice from any content on the Service.

6. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Kiani Studios and Kiani Studios is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Kiani Studios shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Kiani Studios for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

7. Management and Oversight

Kiani Studios reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Kiani Studios further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Kiani Studios, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Kiani Studios and shall be designed to protect Kiani Studios' rights and property.

8. Privacy Policy

By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Kiani Studios does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Kiani Studios without parental consent, Kiani Studios shall delete that information as soon as reasonably practical.

9. Returns and Refunds

Kiani Studios will consider refund requests on a case by case basis. If a refund is deemed appropriate, Kiani Studios will promptly issue refunds without any hidden fees or penalties.

Should Client request a refund during the first month of use, all materials produced by Kiani Studios are ownership of the company and are prohibited from being used by the Client in any way.

Kiani Studios reserves the right to take appropriate legal actions against Client for breach of this paragraph.

10. Modification

Kiani Studios reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Kiani Studios reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.

11. Connection Interruptions

Kiani Studios does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Kiani Studios’ control. Client agrees that Kiani Studios shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.

12. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington without regard to conflict of law principles.

13. Litigation

Any legal action of whatever nature shall be brought in the state courts of King County, Washington or in the United States District Court for the Western District of Washington. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

14. Disclaimer

The Website and Services are provided on an "as-is" and "as available" basis. Your use of the Website and Services is solely at your own risk. Kiani Studios disclaims all warranties, express or implied, in connection with the Website and your use thereof, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Kiani Studios does not warrant the accuracy or completeness of the content on the Website or assume any liability for errors, mistakes, or inaccuracies in content and materials, personal injury or property damage, or unauthorized access to Kiani Studios' secure servers and any personal or financial information stored therein.

You acknowledge and agree that Kiani Studios does not operate or control the Internet and that risks such as viruses, malware, spyware, or unauthorized users (e.g., hackers) may attempt to obtain access to and damage your data, websites, computers, or networks. Kiani Studios is not responsible for such activities. While Kiani Studios takes commercially reasonable efforts to maintain the security of data and transmissions, complete security cannot be guaranteed. Kiani Studios does not warrant that the Website or services will be error-free, absolutely reliable, or secure at all times.

Kiani Studios will not be liable for errors or omissions in content or for any loss or damage incurred as a result of the use of any content posted or transmitted through the Website. Kiani Studios does not endorse, guarantee, or assume responsibility for any third-party products or services advertised or offered through the Website or any hyperlinked websites.

15. Limitations of Liability and Indemnification

Kiani Studios and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, or forfeitures arising from the Client's use of the Website.

The Client agrees to defend, indemnify, and hold harmless Kiani Studios and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client's representations and warranties set forth herein; (4) the Client's violation of the rights of any third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, Kiani Studios reserves the right, at the Client's expense, to assume control and defense of any matter for which the Client shall be required to indemnify Kiani Studios. The Client agrees to cooperate with Kiani Studios in the defense of such claims.

16. User Data

The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the Website. Kiani Studios shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against Kiani Studios arising from any such loss or corruption.

17. Electronic communications, transactions and signatures

The Client hereby consents to receive electronic communications from Kiani Studios. The Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communications be in writing. The Client agrees to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by Kiani Studios or through the Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, or the delivery or retention of non-electronic records, or to payments or the granting of credits by means other than electronic means.

18. Showcasing Design Work

Kiani Studios reserves the right to share design work on digital channels, including social media and its website, unless otherwise agreed upon.

19. Referrals

Referral tracking and payouts are handled through our third-party partner, Rewardful.com.

20. Miscellaneous

These Terms of Use and any policies posted on the Website constitute the entire agreement and understanding between the Client and Kiani Studios. Failure of Kiani Studios to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and Kiani Studios.

21. Contact Information

For any questions or complaints regarding the Website, feedback, comments, or requests for technical support, please contact Kiani Studios at hello@kianistudios.com