terms of service

overview

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions, and policies referenced on this page and/or available by hyperlink, in full. These Terms of Service apply to all users of the site, including users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. 

 

You must be at least 13 [thirteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.

 

These Terms were last modified Oct 31, 2020.

amendments to the terms

The Dawn Studio LLC reserves the right to – from time to time - amend these Terms of Service. Any revisions that The Dawn Studio LLC makes to the Terms of Service will be made public on this page and go into affect on the date of the update’s publication. Please check this page regularly to ensure you are familiar with the most current version of the Terms of Service. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

general conditions

We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

www.thedawnstudio.com does not warrant that this website, its content, or service will be constantly available, or available at all. This website is provided “as is” without guarantee, representations or warranties that your use of our service will be uninterrupted, timely, or error-free. 

unacceptable uses

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.thedawnstudio.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without www.thedawnstudio.com’s express written consent. This includes:

+ scraping

+ data mining

+ data extraction

+ data harvesting

+ framing’ (iframes)

+ Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the express written consent of www.thedawnstudio.com

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others;(h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Breaches of the terms + restrictions

Without prejudice to www.thedawnstudio.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, www.thedawnstudio.com may take such action as www.thedawnstudio.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

www.thedawnstudio.com may block, restrict, disable, suspend, or terminate your access to all or part of the Site, Services, and Materials at any time in The Dawn Studio LLC’s sole discretion without liability to you.

product representation + content accuracy

Although The Dawn Studio strives to display correct texts, images and pricing in the Online Shop, errors may occur. We can furthermore not guarantee that colors in the Online Shop will be true to life, this depends partly on the color settings of your computer and the settings of your monitor. 

 

We reserve the right to modify or discontinue the content or Service on our site at any time. This includes changes in prices for products and/or limiting the quantities of any products or services that we offer. We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of our Service.

Information shared related to sourcing, manufacturing, traceability, materials, toxicity, delivery and pricing is shared in confidence to the best of our knowledge. If information given to us by manufacturers, sourcing agents, supply companies, third party bodies, web hosting sites, payment processors or businesses that we work with is discovered to be incorrect, The Dawn Studio LLC and its site does not assume responsibility for those inaccuracies or claims, and will strive to amend published faulty information. 

 

The content on this site does not constitute professional advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

limitations of liability

In no case shall The Dawn Studio, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

force majeure  

In case of force majeure (e.g. war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events) the contract between you and The Dawn Studio LLC can be partially or fully terminated by The Dawn Studio LLC. 

unenforceable provisions

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

entire agreement

These terms and conditions, together with www.thedawnstudio.com’s Privacy Policy constitute the entire agreement between you and www.thedawnstudio.com in relation to your use of this website and service, and supersede all previous agreements in respect of your use of this website.

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of NEW YORK, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of NEW YORK, USA.