Last Updated: December 17th, 2020
Thank you for using the Distinkt Studios Inc. platform and the products, services, and features we make available to you as part of the platform (collectively, the "Service").
Acceptance Of Terms
These Terms of Service ("Terms", "Terms of Service", or "Agreement") govern your relationship with our website at distinktstudios.com, along with our related websites, networks, applications, software, and mobile applications (each, an "Application," and collectively, "Applications") provided by Distinkt Studios Inc. (referred to as "Distinkt Studios," "we," "us," or "our"). These Terms also apply to the website blacksector.net, which is owned and operated by Distinkt Studios Inc.
Please read these Terms carefully and make sure you understand them. If you do not understand these Terms or do not accept any part of them, then you may not use the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
Some parts of the Service are billed on a subscription basis ("Subscription" or "Plan"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription you select when purchasing a Plan.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Distinkt Studios Inc. cancels it. You may cancel your Subscription renewal either through accessing the "Billing" page within the Application.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Distinkt Studios Inc. with accurate and complete billing information, including full name, address, province, postal code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Distinkt Studios Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Distinkt Studios Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Upgrades And Downgrades
If you choose to upgrade your Plan or add any Add-Ons to your Plan during your subscription term, you will be charged for the then-current price for the upgrade or Add-Ons prorated based on the number of days remaining in your subscription term. Unless otherwise specified on your service order, any upgrade or Add-Ons that you add will be coterminous with the existing Plan and automatically renew at the end of the subscription term along with your Plan. If you choose to downgrade your Plan or remove any Add-Ons from your Plan, you will not be issued any refunds or credits for the unused and prepaid fees in connection with the downgrade or removal. Downgrading your Plan may cause the loss of content, features, or capacity of your account, and we do not accept any liability for any such loss.
Distinkt Studios Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Distinkt Studios Inc. will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method.
Whether it is a shift in social accounts or a break from social media, we understand and respect your choices. We look forward to making your process of moving on from Distinkt Studios Inc. easier.
We make subscription cancellation possible for you at any stage of your journey with us.
A cancellation request can be raised at any time, but the change will only come into effect at the end of your billing cycle, and you will not be entitled to any refunds of any prepaid and unused fees. Any unpaid fees under your Plan for the applicable subscription term will become immediately due and payable.
Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting, uploading, or otherwise submitting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, upload, or display on or through the Service, and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting, uploading, or submitting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
If you are an Agency, you may use our Service on behalf of Users that are your clients and charge your clients for such use of our Service. As an Agency, you will be liable for all use of the Service by your clients. By adding any client to your account, you represent and warrant that you have obtained all necessary authorizations and consents from such clients to bind them to these Terms. If you use the Service on behalf of your clients or grant access to the Service to your clients, you will be responsible for ensuring that such clients are not able to access confidential or proprietary information of another client. "Agency" shall mean a business or organization providing advertising, marketing, or social media services on behalf of another business, person, or group.
Use of the Mobile Applications requires that your mobile device be compatible with the Mobile Applications. The Mobile Applications may automatically upgrade from time to time depending on your user settings. You consent to such automatic upgrades and the standard carrier data charges that may apply to your use of the Mobile Applications.
Third-Party Products And Services
You must provide us accurate information when you create your Distinkt Studios Inc. account. Your Distinkt Studios Inc. account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to Distinkt Studios Inc. with a third-party service, you give us permission to access and use your information from that service as permitted by that service and to store your log-in credentials or API tokens for that service. You may never use another user's account without permission.
We are committed to protecting your privacy. Authorized employees within Distinkt Studios Inc. on a need-to-know basis only use any information collected from individual Users. We constantly review our systems and data to ensure the best possible service to our Users. There are specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Any information concerning the User and their respective User records may be passed to third parties. However, User records are regarded as confidential and therefore will not be divulged to any third party, other than our employees and if legally required to do so to the appropriate authorities. Users have the right to request sight of, and copies of any and all User records we keep, on the proviso that we are given reasonable notice of such a request. Users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Users with appropriate written information, handouts, or copies of records as part of an agreed contract for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by Distinkt Studios Inc. will only be in connection with the provision of agreed services and products.
You acknowledge and agree that we have the right to own and complete statistical analyses on your data and information resulting from your or your Users' use of the Service (other than any personally identifiable data). When we extract, compile, synthesize, or analyze this data, we will only use it in anonymized, deidentified, or aggregated form without specifying the source of the data. We collect such data for any lawful purpose and without a duty of accounting to you.
We welcome your suggestions, comments, bug reports, feature requests, or other feedback ("Feedback"). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant Distinkt Studios Inc. a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose.
Neither party shall be liable to the other for any failure to perform any obligation under any Terms that is due to an event beyond the control of such party, including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such an event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Export Compliance And Anti-Corruption
The Service may be subject to export laws and regulations of the United States, Canada, and other jurisdictions. You represent that you are not named on any U.S. or Canadian government denied-party list. You will not permit Users or any other third party to access or use the Service subject to a U.S. or Canadian government embargo or in violation of any U.S. or Canadian export law or regulation. You further represent that you have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value in connection with your purchase or use of our Service (excluding any reasonable gifts and entertainment provided in the ordinary course of business).
Neither party may assign its rights, duties, and obligations under these Terms without the other party's prior written consent, which consent will not be unreasonably withheld or delayed, except that Distinkt Studios Inc. may assign these Terms and the licenses granted to Distinkt Studios Inc. under these Terms without your consent to a successor (including a successor by way of merger, acquisition, sale of assets, or operation of law) if the successor agrees to assume and fulfill all of Distinkt Studios Inc.'s obligations under these Terms.
These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of Ontario, Canada, and will also apply to Users in North America and worldwide, without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
Waiver And Severability
The waiver by Distinkt Studios Inc. of any term or condition set out in these Terms shall not be deemed a further or continuing waiver of any other provision of these Terms, and any failure of Distinkt Studios Inc. to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, unenforceable, or illegal for any reason, such provision shall be limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DISTINKT STUDIOS INC. AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES OFFERED THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY SUPPORTED PLATFORMS ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS.
You agree to indemnify, defend, and hold harmless Distinkt Studios Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents from and against any claims, losses, damages, obligations, costs, actions, or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on, upload to, or otherwise submit to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account, whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Distinkt Studios Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Copyright And Trademark
Copyright and other relevant intellectual property rights exist on all text relating to Distinkt Studios Inc.'s services and the full content of the websites distinktstudios.com and blacksector.net.
Notification Of Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the websites and the Service.
Notices To You
Distinkt Studios Inc. may give notice to you by placing a banner notice on the Distinkt Studios Inc. platform, the websites distinktstudios.com or blacksector.net, or by contacting you through your Distinkt Studios Inc. account or contact information you provide, such as your email address. You agree that such notice will be deemed effective upon the delivery of such notice to you.
If you have any questions about these Terms, please contact us at:
Distinkt Studios Inc. 123 Main Street City, Province Postal Code Phone: +1-123-456-7890 Email: [email protected]
Thank you for using Distinkt Studios Inc. and the blacksector.net website.