Terms and Conditions
1. Terms, Acceptance & Agreement
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and valentingallone.com (“we,” “us” or “our”), concerning your access to and use of this website (the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site.
Accordingly, the materials contained in the Site are protected by applicable copyright and trademark law. Should you choose to access the Site from other locations, you do so on your own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
This Site is controlled and operated by valentingallone.com (“Valentin Gallone Studio”) from its office in Bangkok, Thailand. Valentin Gallone Studio makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside Bangkok, Thailand are responsible for compliance with all applicable laws.
2. IP Ownership, User License & Intellectual Property Rights
The material provided on this Site is protected by law including, but not limited to, Thailand Copyright Law.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Thailand, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
You may not: (1) duplicate, modify, or alter the materials, (2) use the materials for any commercial use or any public display (commercial or non-commercial), (3) attempt to duplicate, modify, alter [collectively, decompile] or reverse-engineer any software contained on Valentin Gallone Studio’s Site, or (4) remove any copyright or proprietary notations from the materials.
We reserve the right to automatically discontinue or terminate permission to access or use the Site at any time. Valentin Gallone Studio reserves the right to terminate your account at any time for any reason.
The materials on this Site are provided with restricted rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of Valentin Gallone Studio’s proprietary rights in them.
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
In the event that any damages are sustained (including but not limited to negligence, damages for loss of data or profit, or due to business interruption), arising out of the ability or lack thereof to use the materials on Valentin Gallone Studio’s website, even if Valentin Gallone Studio or an authorized Valentin Gallone Studio representative has been notified verbally, spoken or written, of the possibility of such damage, Valentin Gallone Studio shall not be held liable.
5. Revisions and data errata
We make no warranties about the accuracy or completeness of the Site’s content including but not limited to technological, typographical, or photographic errors. Valentin Gallone Studio may make changes to the materials contained on the Site at any time without prior notice. Valentin Gallone Studio does not, however, assure any commitment to update the materials.
Valentin Gallone Studio assumes no liability for any (1) errors, mistakes, or inaccuracies of content and/or materials, (2) personal injury or property damage of any nature whatsoever resulting from your access to and use of the site, and/or (3) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content, posted, transmitted, or otherwise made available via the Site.
Valentin Gallone Studio has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Valentin Gallone Studio of the site. Use of any such linked website is at the user’s own risk.
Valentin Gallone Studio makes no representations about the accuracy or completeness of any content of any websites linked to the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a “Third Party” through the Site, any hyperlinked website, or any website or mobile application featured in any banner of advertising, and we will not be party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.
8. Governing Law
Any claim relating to Valentin Gallone Studio’s website shall be governed by the laws of Thailand without regard to its conflict of law provisions.
10. Fees, Refunds, Money-back Guarantee, Trials and Promotions
You acknowledge that prior to any obligation of Valentin Gallone Studio to perform under this Agreement, you agree to pay the fees in full, with regard to such amount and for such billing frequency as specified during registration. Furthermore, you acknowledge that upon registering for the services through the Site, you allow authorization for Valentin Gallone Studio to charge your method of payment (e.g. credit card) for the fee on each renewal of your registration date based upon your billing frequency (e.g. monthly, quarterly, or annually). Payment of the fees shall be in such amounts and at such times as set forth by Valentin Gallone Studio through information provided to you and as authorized and agreed upon by you through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Valentin Gallone Studio that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information should there be any changes (e.g. change/s in your billing address or credit card expiration date) that may occur.
You may cancel your subscription with Valentin Gallone Studio at any time. Upon cancellation, you will continue to have access to Valentin Gallone Studio’s services and your design files through the end of your paid billing term. Access to your account’s design files requires an active subscription. Canceled accounts will not have access to their files once their billing term has ended.
Valentin Gallone Studio reserves the right to change its fees from time to time by posting the changes on the Site within five (5) days’ prior notice—with no advance notice required for temporary promotions or reductions in fees.
For free trials: you may cancel your subscription within the first 10 days trial period of any purchase of a subscription plan. During this period you will not be charged. After the 10 days free trial has been exceeded, you will be charged for the registered fee. During the free trial period, you are not eligible for the money-back-guarantee.
For money back guarantee: you may refund your subscription within the first 14 days of any purchase of a subscription plan without any applied discount. During this period you will be eligible to receive a full refund of your payment minus $65 USD transactions and administration costs. We will refund the said amount within 45 days. After the 14 days of the subscription has been exceeded, you will not be able to get a refund on your subscription. If you ask for additional files, revisions or submit a new request after the money-back-guarantee period, you will not be able to get a full refund. The money-back-guarantee is only applicable, when you are not satisfied with the quality of the provided services and joined the virtual onboarding call with the Valentin Gallone Studio creative team members to discuss expectations for us to be aligned. In the event that we may feel an abuse of the money-back-guarantee is made, we will ask for a meeting to be attended. In any other cases that are out of control of Valentin Gallone Studio; such as non-shows, internal delays, vague briefings, non-responsiveness, non-usage and others, the money-back-guarantee is not applicable.
For pay-as-you-go: there’s no possibility to get a refund for this type of request. Also for all the pay-as-you-go we only deliver the amount that has been stated as the delivered assets.
The Client shall be entitled to free unlimited revisions at each milestone. Milestones, in chronological order, include scripting, style frames, storyboarding, voiceovers, animation and sound design. Once agreed upon, previous milestones cannot be altered. For example, voiceovers cannot be changed during the animation phase. For any revisions that go beyond this scope, we may charge additional fees. For client mistakes: After assessment of the finance team it may be possible to receive a refund of your payment minus $65 USD transactions and administration costs.
Pro respectively, there are no refunds for partial subscription plans under any circumstance, including unused time on a plan.
Promotions, upgrades, and adjustments to existing plans are non-refundable.
You, the client, are responsible for utilizing Valentin Gallone Studio upon successful transaction of payment.
Valentin Gallone Studio highly supports credit card payments. For payments other than credit cards, we may charge 10% extra for administration & accounting fees.
11. Ownership, Trademarks, & Provided Assets
You are guaranteed ownership of all graphics and files we create during any month that has been paid in full. You will provide all the content/copy to be used in our designs. You agree that any materials provided are proofed and approved to be used in your designs, and are not owned or trademarked by a different entity. You are responsible to verify that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues. You represent to Valentin Gallone Studio that all materials provided do not infringe on the intellectual property rights of third parties.
Any subscription/s to stock photography or media is/are under a specific use license. Managed stock photography or assets (provided by, for example, Freepik—or other services) are licensed to be used in the specific graphic files created by Valentin Gallone Studio from a client request. Individual photos or assets will not be provided.
Valentin Gallone Studio is not liable when for any errors that may occuring in the usage of the design, e.g. with print media (colors, dimensions, output quality), recommended is to coordinate with their printer/print shop before submitting any print request.
You agree to indemnify, defend, and hold harmless Valentin Gallone Studio and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including but not limited to its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
12. Don’t abuse
Valentin Gallone Studio is designed for the reasonable use of a single individual or authorized individuals, whether for personal use or on behalf of an entity. We are not meant to be an exact substitution for a full-time graphic designer—so please be reasonable with your requests!
If we deem that you are not in alignment with our model, violate our core values, are abusing our services or harassing team in any way, such as (but not limited to) using our services for illegal or obscene/offensively profane purposes, cursing towards, over demanding or showing no respect towards our team and/or finding abusive loopholes in our platform, we reserve the right to immediately cancel your account on which you have no right on any money-back-guarantee or possible refunds.
Your right to use Valentin Gallone Studio’s services shall terminate upon your breach of any term of this Agreement.
13. Output Files
While we maintain our best effort to keep mistakes at a minimum, due to the nature of creative design, we can not guarantee that all files delivered will be completely error-free. Upon delivery of your file/s, you agree to review and proof such file/s for any errors or omissions and thereafter notify our team should there be any desired changes/corrections. We will do our best to accommodate, as soon as possible, any requests of revision to correct the mistakes. Valentin Gallone Studio is not responsible or liable for any losses or expenses incurred from errors or omissions.
14. Sample Work / Portfolio Purposes
By default, you acknowledge that you provide Valentin Gallone Studio with a non-exclusive right and license to publish your work in our portfolio, social media, and/or other media/communication efforts. We will, in our best effort, seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to email@example.com
16. Work and delivery output
While we expressly accept unlimited requests and revisions, our output volume depends on many factors, particularly the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines; but it is our suggestion not to use our service for time-sensitive requests.
17. Affiliate program
1. Approve or Reject of the Registration
We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
2. Affiliate Links
The affiliate link is automatically generated. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.
Affiliates may also advertise merchant websites on online channels such as Facebook, Instagram, or any offline classified channel ads, magazines, and newspapers.
3. Commissions and payment
When you refer any customer that makes a purchase on our website, you will get a commission amount which is calculated based on affiliate program fee. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,…).
For an Affiliate to receive a commission, you need to specify the payment details. Payment schedule will be following the program and will be stated inside the tool.
The commission structure is only applicable when referring new clients, the commission doesn’t apply when referring internally or using the affiliate registration for your own registration.
Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchants the right to review each and every referral order. Status of commission if displayed in the Commission tab, any paid commission will be listed on the Payment tab. Transactions that result in chargebacks or refunds will not be paid out. We reserve the right to reject ANY commission being paid, if the above principles are not being followed accordingly.
4. Marketing tool
We may share promotion media such as banner, logo or specific collection promotion to you which you can use for better promotion of the program.
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them. If a person doesn’t allow cookies or clears their cookies then we can’t track them so can’t pay earnings on that person’s activity.
Cookies day is said on the affiliate platform. The tracking day will start from the time a customer clicks on the affiliate’s link or uses the coupon. Within the cookie time, every order made by this customer at the merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).
18. Review the Knowledge Base
Finally, you agree that you have reviewed and understand the content within our knowledge base outlining the details on how our tool works and its scope of service.