Terms of Service
Terms of service
1. Order Acceptance
The returned image will be deemed accepted by You upon receipt unless within seven (7) days You contact Mirek Studio and detail an error by Mirek Studio with respect to the images. Mirek Studio is committed to customer satisfaction and will work with You to correct any Mirek Studio error as determined at Mirek Studio’s sole discretion, including but not limited to re-performing its services to correct such an error. You will review any corrected image and it will be deemed accepted by You unless within seven (7) days You contact Mirek Studio detailing any further errors made by Mirek Studio as determined at Mirek Studio’s sole discretion. For security reasons, Mirek Studio deletes from its system all images approximately thirty (30) to ninety (90) days after their respective acceptance. Mirek Studio will not be held responsible for returned image quality if the images originally submitted are not in accordance with Mirek Studio’s “suggested image standards”.
Mirek Studio returns the images to You via a public web address (e.g., URL). Although Mirek Studio utilises means to make Your edited image available only to You, there are inherent security limitations in a public web address which Mirek Studio cannot and will not rectify and for which Mirek Studio will not be liable. You are able to retrieve Your edited images by downloading them from Mirek Studio’s server or third-party hosting account, and in addition Mirek Studio may permit retrieval through an FTP server, API or other mechanism. Mirek Studio prioritises its orders based on requested delivery dates and recognises that Mirek Studio will have satisfied and returning customers if it meets the requested delivery dates. Mirek Studio will use commercially reasonable efforts to deliver Your image within the time frame requested, but Mirek Studio does not guarantee that an order will meet its requested delivery date. In rare instances, particularly large orders may surpass Mirek Studio’s processing capacity for a requested delivery date, in which case Mirek Studio will endeavor to contact You to determine how best to restructure Your order delivery.
A Paid Member is a customer that has purchased a Monthly or Annual membership account with Mirek Studio. Paid “Monthly” membership entitles You to approximately 20% discount off the then current eCommerce Base Price, and approximately 5% discount off the then available add-on services as outlined on mirekstudio.com price list. Paid “Annual” membership entitles You approximately 40% discount off the then current eCommerce Base Price, and approximately 10% discount off the then available add-on services as outlined on mirekstudio.com price list. Automated or repeat submissions (e.g., multiple free trial requests from the same IP address) will not be accepted.
Mirek Studio reserves the right to change its price list and available services without prior notice at any time. The price of the service ordered shall be set forth in Mirek Studio’s price list then in effect, as detailed on mirekstudio.com pricing page, and thereafter acceptance of Your order by Mirek Studio. All of Mirek Studio’s pricing is in, and shall be settled in, United States Dollars (USD). Mirek Studio will process Your payment upon acceptance of Your order and verified payment. Mirek Studio may consider extending a line of credit to large volume, repeat customers on a case by case basis, in which circumstance Mirek Studio will invoice such customers on a monthly basis. You are responsible for paying any applicable taxes, duties or tariffs relating to Your order, except taxes on Mirek Studio’s income. By submitting an order to Mirek Studio You represent and warrant that You have the legal authority to use any credit card(s) or other payment means used to initiate any transaction. Monthly and Annual membership fees are non-refundable and will auto-renew at the end of each billing period unless canceled prior to the start of the next billing period. You may cancel Your paid membership at any time and when Your billing period expires Your account will return to a free “Pay-As-You-Go” account. In the case a Paid Member fails to pay Monthly or Annual memberships fees, Mirek Studio has the right to transfer their account to the free “Pay-As-You-Go” account and may or may not in its sole discretion cancel or send back to draft any pending orders not yet accepted by Mirek Studio.
5. Image Rights
You are solely responsible for the images You submit. Mirek Studio reviews submissions for inappropriate material and reserves the right in its sole discretion to reject any image or order for any reason, or no reason; however, Mirek Studio’s acceptance of an image for processing should not be construed as a determination of Your rights to use the image(s). By submitting an image to Mirek Studio, You represent and warrant that You have the legal authority to enter into this Agreement, that any images You submit to Mirek Studio do not contain any materials (such as malicious software code or viruses) that may harm Mirek Studio’s or its subcontractors’ property, and You hereby grant Mirek Studio a non-exclusive, worldwide, royalty-free, transferable, sub licensable (through multiple tiers of sublicenses including but not limited to Mirek Studio’s subcontractors) perpetual, irrevocable license under all intellectual property rights throughout the world (including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to reproduce, modify, edit, make derivative works from, distribute (through multiple tiers), publicly perform and display and otherwise use the image as reasonably necessary for Mirek Studio’s and its subcontractors to perform the services You requested hereunder. You grant Mirek Studio permission to upload, deliver, store and share Your images via the use of any storage means reasonably necessary and acknowledge that Mirek Studio will not be liable for any third-party’s use of Your stored data. You agree to indemnify and hold harmless Mirek Studio, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims, liabilities or expenses (including without limitation, legal fees) that arise directly or indirectly from Your breach of this Agreement.
6. Disclaimer of Warranties
Except for the procedure set forth in section 1 (“Order Acceptance”), the services are provided “as is”. Neither Mirek Studio nor its licensors or subcontractors makes any warranties, express, implied or statutory, regarding the services provided hereunder. All implied warranties regarding satisfactory quality, performance, merchantability, fitness for particular purpose or noninfringement are expressly disclaimed. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to You.
7. Limitation of Liability
In no event will Mirek Studio, its licensors or subcontractors be liable to You for any special, incidental, consequential, indirect, punitive or exemplary damages of any kind, including but not limited to any lost revenue, savings, profits, data, business ,or goodwill, however used, whether for breach or repudiation of contract, tort, breach of warranty, negligence, or otherwise on any theory of liability, whether or not Mirek Studio or a licensor or subcontractor of Mirek Studio was advised of the possibility of such loss or damages. Notwithstanding any other provisions of this agreement, Mirek Studio and its licensors and subcontractors’ total liability to You arising from or in relation to this agreement or Mirek Studio or its subcontractors’ performance of the services shall be limited to the total payments to Mirek Studio for the services performed on the relevant image. In no event will Mirek Studio or its licensors or subcontractors be liable for the cost of procurement of substitute goods or services. The foregoing limitations shall not apply to damages arising from death or personal injury to persons or tangible property in any jurisdiction where such limitation is prohibited by applicable law.
8. Basis of the Bargain
The parties acknowledge that Mirek Studio has set its prices in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
9. Duration of Agreement
With the exception of clauses 1-3 of this Agreement, all other clauses shall survive the expiration or termination of this Agreement. Clause 1-3 of this Agreement takes effect from the date You submit an order to Mirek Studio, or by using any service by Mirek Studio, until the date the returned image(s) is deemed accepted by You. Mirek Studio may terminate this Agreement at any time and return the fees paid by You for any image(s) that Mirek Studio has not edited. Mirek Studio may or may not, at Mirek Studio’s sole discretion, return fees paid for edited images not yet deemed accepted by You. Mirek Studio may terminate Your access to mirekstudio.com, without cause or notice, which may result in the forfeiture and destruction of all information associated with Your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Notification Provisions
11. General Provisions
This Agreement applies only to You and may not be assigned or transferred by You. This Agreement shall be binding upon, and inure to the benefit of the assigns and successors of Mirek Studio. This Agreement will be governed by and according to the laws of the kingdom of Thailand without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Service shall be subject to the exclusive jurisdiction of the courts of Thailand to which You hereby agree to submit to. This Agreement is written in English and the governing language shall be determined by Thai Law. The use of the singular includes the plural and vice versa. The headings used in this Agreement are for convenience of reference only and shall not in any way affect the interpretation of the provisions of this Agreement. Mirek Studio shall not be liable for any alleged loss or damages resulting from failure to perform due to acts of God, natural disasters, strike, shortages of labor, acts of civil or military authority, governmental priorities, fire, floods, epidemics, quarantine, energy crises, war, riots or interruption of Mirek Studio’s production for reasons beyond Mirek Studio’s reasonable control. The terms that will govern Mirek Studio’s service of a particular image are those in effect on the date You submit the image. No waiver will be implied from conduct or failure to enforce rights. If any part of this Agreement is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force. In case of conflict between these Terms of Service and any other statement on Mirek Studio’s website, these Terms of Service shall control. This Agreement represents the entire agreement between the parties relating to its subject matter and supersedes all other representations.