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Terms and Conditions

​Last updated September 8, 2023

  1. Introduction
    These terms and conditions apply to this site and to the transactions related to our products and services. You may be bound by additional agreements related to your relationship with us or the products or services you receive from us. If provisions of the supplementary agreements conflict with provisions of these terms, the provisions of those supplementary agreements shall prevail.

  2. Binding
    By registering, accessing, or otherwise using this site, you agree to be bound by the terms and conditions outlined below. The use of this site implies that you have read and accepted these terms and conditions. In some specific cases, we may also ask for your explicit consent.

  3. Electronic Communication
    By using this site or communicating with us digitally, you agree and acknowledge that we may communicate with you electronically through our site or by sending you an email, and you consent to all agreements, notices, disclosures, and other communications we provide to you electronically, complying with all legal requirements, including but not limited to the requirement that such communications must be in writing.

  4. Intellectual Property
    We or our licensors own and manage all copyrights and other intellectual property rights on the site and the data, information, and other resources displayed by or accessible on the site.

    1. All rights reserved
      Unless otherwise specified in specific content, you are not granted a license or any other rights based on copyrights, trademarks, patents, or other intellectual property rights. This means that without our prior written consent, you shall not use, copy, reproduce, perform, display, distribute, incorporate into any electronic medium, modify, reverse-engineer, decompile, transmit, download, sell, market, or commercialize any content from this site in any form, except and only to the extent otherwise provided by mandatory legal regulations (such as fair use).

  5. Newsletter
    Notwithstanding the above, you may forward our newsletter in digital form to others who may be interested in visiting our site.

  6. Third-Party Ownership
    Our site may contain hyperlinks or other references to sites of other parties. We do not control or review the content of sites of other parties linked from this site. Products or services offered by other sites are subject to the applicable terms and conditions of those third parties. The opinions or material on these sites are not necessarily shared or endorsed by us. We are not responsible for the privacy practices or content of these sites. You assume all risks associated with the use of these sites and any related services of third parties. We accept no responsibility for any loss or damage of any kind, arising from you providing personal data to third parties yourself.

  7. Responsible Use
    By visiting our site, you agree to use it only for the purposes for which it is intended and as allowed by these terms, any additional agreements with us, and applicable laws, regulations, and generally accepted online practices and guidelines. You may not use our site or services to use, publish, or distribute material that consists of (or is linked to) harmful computer software; not use data from our site for direct marketing activities and not engage in systematic or automated data collection activities on or in connection with our site. It is strictly prohibited to engage in activities that may damage or obstruct the site or impede its operation, availability, or accessibility.

  8. Submission of Ideas
    Do not send us ideas, inventions, copyrighted works, or other information that may be considered your own intellectual property unless we have first signed an agreement regarding intellectual property or confidentiality. If you disclose content to us without such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute the content in all existing or future media forms.

  9. Termination of Use
    We may, at our discretion, change or terminate access to the site or any service on it, temporarily or permanently, at any time. You agree that we are not liable to you or any third party for any such modification, suspension, or termination of your access to or use of the site or any content you may have shared on the site. You are not entitled to any compensation or other payment, even if certain features, settings, and/or content you contributed to or relied upon are permanently lost. You may not circumvent or attempt to circumvent access restrictions on our site.

  10. Warranties and Liability
    Nothing in this article shall limit or exclude a legally prescribed warranty where it would be unlawful to limit or exclude it. This site and all content on the site are provided "as is" and "as available" and may contain inaccuracies or typographical errors. We expressly disclaim all warranties, whether express or implied, with respect to the availability, accuracy, or completeness of the Content. We do not guarantee that:
    this site or our products will meet your requirements;
    this site will be available on an uninterrupted, timely, secure, or error-free basis;
    the quality of any product or service you purchase or obtain through this site will meet your expectations.
    Nothing on this site is intended to be considered as legal, financial, or medical advice of any kind. If you need advice, you should consult an expert. The following provisions of this article apply to the maximum extent permitted by applicable law and shall not limit or exclude our liability in cases where it would be unlawful or prohibited. In no event shall we be liable for direct or indirect damages (including loss of profit or revenue, loss or damage to data, software, or databases, loss or damage to property or data) incurred by you or a third party arising from your access to or use of our site. Unless expressly stated otherwise in an additional contract, our maximum liability to you for all damages arising from or related to the site or products and services marketed or sold through the site, regardless of the cause of such liability, is limited to AUD 500. Such limitation applies to all your claims of any kind and nature

  11. Privacy
    To access our site and/or services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide is always accurate, correct, and up-to-date. We take the handling of your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. All emails sent by us will only be sent to you in connection with the delivery of agreed products or services. We have developed policies to address all possible privacy concerns. For more information, please see our Privacy Policy.

  12. Export Restrictions / Compliance with Legislation
    Access to the site is prohibited for visitors from areas or countries where the content or purchase of products or services sold on the site is illegal. You may not use this site in violation of the export laws and regulations of Australia.

  13. Assignment
    You may not assign, transfer, or subcontract any of your rights and/or obligations under these terms and conditions in whole or in part without our prior written consent. Any alleged assignment in violation of this section is void and invalid.

  14. Violations of these Terms and Conditions
    Notwithstanding our other rights under these terms, if you violate these terms in any way, we may take the measures we deem appropriate to address the violation, including temporarily or permanently suspending your access to the site, contacting your Internet service provider to request a block on your access to the site, and/or taking legal action against you.

  15. Indemnification
    You agree to indemnify, defend, and hold us harmless from and against all claims, liabilities, damages, losses, and expenses related to your violation of these terms and applicable laws, including intellectual property rights and privacy rights. You will promptly provide us with compensation for our damages, losses, costs, and expenses related to or arising from such claims.

  16. Waiver
    The failure to enforce any of the provisions in these terms and in any other document, or the failure to exercise a termination option, cannot be construed as a waiver or implied consent, and will not affect the validity of these terms or any other agreement or any part thereof, or the right to enforce all provisions thereafter.

  17. Language
    These terms and conditions shall be exclusively interpreted and explained in English. All communications and correspondence shall be conducted solely in that language.

  18. Entire Agreement
    These terms and conditions, together with our privacy statement, constitute the complete agreement between you and Mistral Studios regarding your use of this site and the delivery of images by Mistral Studios.

  19. Artworks
    Although Mistral Studios strives to deliver within any communicated delivery time, this is always indicative. Delivering the artwork to the customer at a later date does not lead to a price reduction. 
    The customer shall provide Mistral Studios with all useful and necessary data for proper execution of the assignment and shall provide all cooperation. Delivery of the artwork shall be made as agreed in the agreement. Complaints about defects in the delivered image must be reported to Mistral Studios immediately upon discovery, in writing or by email. The customer is deemed to have accepted the artwork and the work performed if they have not reported any defects in the artwork or the work performed immediately after delivery of the artworkUnless otherwise agreed, all claims and defenses against Mistral Studios will lapse by the passage of 1 day from the moment of transfer to the customer. We do not accept returns unless there was a defect in the artwork at the time of pickup or delivery, or we have agree in correspondence that you may return the artwork. 
    Expressing a complaint does not release the customer from their payment obligation. If Mistral Studios reasonably doubts the payment capacity of the customer, Mistral Partners is authorized to suspend its activities and postpone the delivery of the artwork until the customer has provided security for the payment at their own expense.

  20. Repairs and Other Work
    Repairs and other work by Mistral Studios on an artwork owned by the customer will always be performed on the basis of a best efforts obligation. Upon delivery of the artwork, the customer is obliged to inspect the work performed. If the customer does not find the work performed to be in order, they shall immediately notify Mistral Studios thereof in writing or by e-mail. Changes to the artwork after delivery to the customer and other work shall be regarded as additional work and shall be invoiced separately.

  21. Updating of these Terms and Conditions
    We may update these terms and conditions from time to time. You are obligated to regularly check these terms and conditions for changes or updates. The date at the beginning of these terms and conditions is the last revision date. Changes to these terms and conditions will take effect once such changes are posted on this site. Your continued use of this site, following the posting of changes or updates, will be considered notice of your acceptance and compliance with these terms.

  22. Choice of Law and Jurisdiction
    These terms and conditions are governed by Australian law. All disputes related to these general terms and conditions shall be subject to the jurisdiction of the courts in Australia. If any part or provision of these terms and conditions is found to be invalid and/or unenforceable by a court or other authority, that part or provision shall be modified, removed, and/or enforced to the extent permissible to give effect to the intent of these terms. The remaining provisions shall remain unaffected.

  23. Contact Information
    This site is owned and operated by Mistral Studios; you can contact us via hello@mistralstudios.com.au
    Registered in Sydney, Australia, ABN Number 16 656 073 513

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