Terms and Policies of the Studio

We reserve the right to modify these terms at any time and by the continued use of this site you signify your acceptance of any adjustment to these terms.

You represent that you are of legal age to use our website and create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of our Site by you and those using your login information.

Graphic and Web Design - Custom Work

1 - Production and Delivery

The customer will pay all shipping and insurance related to the project. Any alteration or deviation from specifications involving extra costs will run only on agreement with the client. The Studio should not incur any liability or penalty for delays in completing the project due to actions or negligence of the client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Studio. If such events occurs, the client allows the designer to extend the completion / delivery date by the time equivalent to the delay.

2 - Copyrights

The Customer warrants that any text, graphics, photos, drawings and designs, trademarks, or other artwork provided to the Studio Rose Flash for inclusion in the project are the property of the client or the client has the express permission of the legitimate owner to use each item. The client will hold harmless the Studio Rose Flash, thus protecting and defending the Rose Studio Flash and its subcontractors from any claim or action arising from use of these elements provided by the client.

3 - Third Party Expedition

Where the equipment needed to produce the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work or binding, the designer will incur no liability for losses incurred in transit or for any delays from the sender of the third party.

4 - Claim Period

Claims for defects, damage and / or shortages must be submitted by the client in writing within fifteen (15) days after completion of the project. If failure to file a claim within the time specified, the client agrees irrevocably and consent that work delivered fully comply with the terms, conditions and specifications of the contract.

5 - Revisions of the Final Mock-Up and project delivery

The designer will make every effort to ensure that the final product is free of grammar and spelling errors before giving the final product to the customer. But it is agreed that it is the customer's responsibility to ensure there are no typos, spelling or grammatical errors contained in the final product. The Studio Rose Flash is not responsible or liable for any errors in the final product after the final customer approval.

Privacy

Any correspondence and documents provided will be treated as confidential between the client and the designer, unless consent has been granted by both parties. This also goes for your email and all the personal and business information collected trough this website and while designing a project; be assured that in not circumstances whatsoever we will divulge, publish, sell or share any of those information to a third party. We highly appreciate the trust of our customers and will never do anything to brake that trust.

Professional Photography and Illustration

When submitting professional photos or illustrations for use in your project, you will also need to provide a signed authorization from the photographer or artist allowing you and us to use the photographs in all designs we create for you.

Communication

If you stop responding to communication in the form of email for a period of 30 days during the process of the design and development, the project will be canceled without notice, any sum paid will be forfeited to the Studio Rose Flash and the contract will become void. All projects restarted afterwards will depend on the availability of Studio Pink Flash, and will be renegotiated based on current rates for the remaining services. Also, please be aware that in order to proceed promptly with your project, we must remain in constant communication. The project’s deadlines and milestones are based on a respond-time of 48 hours from both parties, any delays in response from the client will extend the completion / delivery date by the time equivalent to the delay and the Studio Rose Flash will not be responsible or liable for those delays.

Ownership Of The Artwork

The Rose Studio Flash retains ownership of copyright of all original artwork or parts used for the project until payment has been received in full. Upon receipt of full payment of all services, property and the coding of images created by the graphic designers and artists from the Rose Studio Flash are transferred to the client to use for which the project was created. The customer does not receive the right to redistribute these graphics or code. The rights of photos, graphics, font, source code and software owned outside of the Studio Rose Flash are not transferred to the client, and remain the property of their respective owners (Stock photo, font, content management systems , etc.). The Rose Studio Flash reserves the right to use the completed project for the purpose of marketing and demonstration of work in its portfolio. Any preliminary designs (mock-ups) not used for the client's project can be used by the Rose Studio Flash in future projects for other clients.

ALL SOURCES FILES REMAIN THE PROPERTY OF THE STUDIO ROSE FLASH.

Copyrights Of Pre-Made Designs

Pre-made designs (website & prints) are sold «as is» and cannot be distributed, modified or re-sold. For One Of A Kind designs (marked as such) the copyrights are transferred to the buyer when purchase is made on the condition that the buyer keeps the credit notice fully visible on the homepage and the website’s frame with a link to the Studio Rose Flash and the artist’s website. For regular Pre-Made designs, copyrights are not transferred, you are buying a one-time use License from the Studio Rose Flash. All credential lines cannot be deleted or modified

Payment, Refund & Cancellation Policies

Cancellation

In case of cancellation of the project, ownership of all copyrights and original artwork will be owned by the Rose Studio Flash, and fees for our work, based on the time already spent in the contract and expenses already incurred will be paid by the customer.

Payments For Pre-Made Designs

When purchasing a pre-made design, payment are due in full up-front. If the installation takes more time than the purchased package allowed, then the extra time spent will be billed at the hourly rate. Pre-made designs are non-refundable. If you have questions regarding them, please get in touch BEFORE buying them.

Payments For Custom Websites

Payments for custom design projects are done in increments as a courtesy to the customer. We however ask for a 20% non-refundable deposit before any work is started to insure your place in our schedule. Once a payment or deposit is made, it is non-refundable. If a project is canceled or postponed, all amounts paid are retained by the Studio Rose Flash and if appropriate, a fee for all work performed beyond what was already paid will be paid by the customer.

Payments For Custom Print and Branding Projects

All expenses incurred for your project are non-refundable. Printing costs paid to the Studio Rose Flash are only refundable in the event of printing errors that have been determined to be our fault. We are not responsible for damages incurred due to printing errors or problems with our files, if full specifications of your printer is not provided or are incorrect / inaccurate or if you provide the wrong files to your printer.

Difficulty Of Payments

If we receive a credit or rejection of a payment dispute (ie Paypal) from a credit card company or bank, your service and / or project will be suspended without notice and a 50$ fee plus any costs accrued as a result of the chargeback (s) must be paid in full before service is restored, the files sent, or any other job done. Please contact us to resolve your billing issues and be sure to read and understand our refund policy before making any payment. All invoices are due within 30 days of receipt of the final invoice. A 1.5% monthly service charge will be charged on all overdue balances. The grant of any license or right of copyright is conditioned on receipt of full payment.

Web Hosting

Payments for web hosting past months are not refundable, eventhought the customer has not used the account the amount is still owed. Hosting accounts are canceled upon written notice by the client, or until 15 days have elapsed after the due date for payment not received. If the customer has prepaid for hosting account for 12 months and cancel the service before the expiry date of the plan, a refund may be granted for the months that are not yet past. The Rose Studio Flash reserves the right to disable and / or terminate a user's account if a user is in violation of our policies and conditions of use (see below). Accounts terminated due to violations of our terms of use will not be refunded.

Acceptable Use Policy

The Studio Rose Flash’s (SRF) Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what we expects of them while using the service. All users of SRF Internet services (those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services) must comply with this AUP and our TOS (Terms of Service). It is designed to help protect our servers and our clients from irresponsible or illegal activities. SRF is not responsible for content posted by others online and accepts no responsibility for the violation of laws resulting from this publication.

All service users of the SRF are bound by the laws of the state and the country in which they reside, including all copyright laws and regulations, treaties and international law.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances and we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. SRF may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your SRF account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

Using the services of SRF constitutes acceptance of the Agreement and to abide by all rules and regulations and policies of the SRF, including this AUP, which may be amended at any time. We recommend that you check our AUP regurlarly.

You may not use your account to publish material, which SRF determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Customers are in violation of this AUP when they or their clients engage in the following activities:

  1. Illegal use: SRF's services may not be used for illegal purposes, or in support of illegal activities. SRF reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  2. Harm to minors: Use of the SRF service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  3. Threats: Use of the SRF service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  4. Harassment: Use of the SRF service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  5. Fraudulent activity: Use of SRF service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
  6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
  7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the SRF service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending SRF account.
  8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending SRF account.
  9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the SRF service is in violation of this AUP.
  10. Usenet SPAMing: SRF has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
  11. Unauthorized access: Use of the SRF service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Gotekky's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending SRF account is subject to immediate termination.
  12. Copyright or trademark infringement: Use of the SRF service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  13. Collection of personal data: Use of the SRF service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
  14. Network disruptions and unfriendly activity: Use of the SRF service for any activity which affects the ability of other people or systems to use SRF Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. SRF will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
  15. Net Send Spam: The use of the net send utility to send unsolicited bulk communication is prohibited. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service.
  16. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  17. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
  18. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
  19. Third Party Accountability: SRF subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
  20. Violation Of SRF's servers: It is absolutely forbidden to host pornographic content or IRC servers/clients on our servers. Accounts found hosting this material will be subject to immediate cancellation without refund.
  21. IRC networks: It is absolutely forbidden to host or connect to an IRC server. Accounts found to be connecting to or part of these networks will be immediately removed from our network without notice. The account will not be reactivated until such time that you agree to completely remove any and all traces of the irc server, clients, bots or any other IRC related programs, and agree to let us have access to your account to confirm that the content has been completely removed. Any account guilty of a second violation will result in immediate account termination.
  22. Domains Chargeback Resolution: If the charge for a domain or set of domains is charged back, SRF has the right to take control of the domain or set of domains that was paid for by the disputed charge. SRF will change the domain account information as needed to take control of the domain or set of domains. The user is not guaranteed to be contacted in the event that a chargeback is received.
  23. Peer to Peer Software (File Sharing): The use of Peer to Peer or file sharing software to permit the sharing, copying or distribution of unauthorized copyrighted material on the SRF service is prohibited. Use of such software could result in suspension of service.
  24. Adult content - adult sites are not allowed. This includes sites that are related to child pornography or bestiality, sites that incite hatred against any group, sites of this nature will be removed immediately and you will not be refunded. This is also true for sites that promote any illegal activity or that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
  25. Unauthorized resale of any account or service account without the express written permission of SPR, such as email services and accompanying features for use by persons outside of the required use of your own, reselling CGI scripts installed on our servers, or providing access codes to persons not authorized to access your account.
  26. Excessive CPU resources or bandwidth that compromise our servers. This is the result of using the system in a manner that encumbers the processors or other system resources beyond the allowances of your specific plan type and the extent of your usage compromises the hosting accounts our other clients, such as running any software that interfaces with an IRC (Internet Relay Chat), chat rooms, or the CGI-script sharing with other areas.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  1. Your password provides access to your account. It is your responsibility to keep your password secure.
  2. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  3. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
  4. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  5. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  6. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
  7. Users who violate systems or network security may incur criminal or civil liability. Gotekky will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

SRF accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of SRF systems or networks. SRF reserves the right to terminate or limit such activities.

Reporting Violations Of Studio Rose Flash AUP

SRF requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse AT roseflash.ca

If available, please provide the following information:

  1. The IP address used to commit the alleged violation
  2. The date and time of the alleged violation, including the time zone or offset from GMT
  3. Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. SRF may take any one or more of the following actions in response to complaints:

  1. Issue written or verbal warnings
  2. Suspend the Member's newsgroup posting privileges
  3. Suspend the Member's account
  4. Terminate the Member's account
  5. Bill the Member for administrative costs and/or reactivation charges
  6. Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Revisions To This Acceptable Use Policy

Studio Rose Flash reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

If you have any questions regarding this AUP or our TOS, please contact us.