Terms & Conditions
THIS USER AGREEMENT (the “Agreement”) is a binding legal contract between 2BE STUDIOS, a business entity established under the laws of Yucatan, Mexico ("2be Studios") and the user, either individually or representing an entity (“User”), concerning the access and use of 2be Studios’ website: https://www.2-be.co/ (the “Website”) and any other digital platforms, channels, mobile sites, or mobile applications associated, linked, or otherwise connected to it. If the User does not accept and comply with all the terms, conditions, and obligations set forth in this Agreement, they are expressly forbidden from using the Website and must cease its use immediately. Subsequently, any relationship between the User and 2be Studios will terminate and have no further validity or effect between the parties, except for any outstanding financial obligations the User may owe to 2be Studios for services provided.
Ownership of Intellectual Assets
Unless stated otherwise, the www.2-be.co website is the exclusive property of 2be Studios. All underlying code, databases, features, software, website aesthetics, audio, video, text, images, and graphics, irrespective of their format (collectively referred to as the “Materials”), along with the trademarks, service badges, and logos present therein (referred to as the “Emblems”), are owned and overseen by 2be Studios. They are safeguarded by copyright, trademark, and other relevant intellectual property laws, both from Yucatan, Mexico, and international treaties. The Materials and Emblems are presented “As Is” solely for your reference and individual consumption. Unless explicitly mentioned in this Agreement, no segment of the Website or its Materials can be duplicated, mirrored, gathered, reissued, uploaded, showcased, encoded, translated, broadcasted, shared, traded, licensed, or utilized for any business intent without the explicit prior written consent of 2be Studios. All rights concerning the Website, Materials, and Emblems are reserved by 2be Studios.
Rights to Created Content
While 2be Studios retains rights to Submissions, as detailed in Section 4 (“User Feedback”), all design and foundational files crafted for the User (“Creations”) are the property of the User. The User will be the exclusive copyright holder for all Creations. Should any legal provision inadvertently grant 2be Studios ownership of a Creation, either in entirety or partially, 2be Studios unconditionally and perpetually transfers all its rights in that Creation to the User, without any restrictions. The User assures that any materials shared with 2be Studios, either as references or to be integrated into a Creation during its development, are their property and do not violate or misappropriate any third-party rights, including but not limited to intellectual property rights and rights to personal likeness. 2be Studios retains the prerogative to showcase the User's design work on public platforms (like social media, their website, etc.) unless otherwise specified as per section 18 of this Agreement.
Third-Party Fonts Usage
Should any Creation include fonts that aren't the property of 2be Studios and necessitate a commercial license for the User to lawfully reproduce, circulate, or exhibit the Creation, 2be Studios will notify the User in writing. This notification will indicate that the Creation contains one or more Third-Party Fonts and that the User must acquire the necessary licenses for these Third-Party Fonts from their respective owners to legally use the Creation. The notification will provide adequate details for the User to discern which licenses are essential and how to procure them. Provided that 2be Studios has duly informed the User about the inclusion of Third-Party Fonts as mentioned, the User bears all responsibility for any repercussions stemming from their failure to secure the requisite licenses for any Third-Party Fonts used in a Creation.
By accessing the Website, the User affirms and guarantees that:
The User possesses the legal authority and agrees to abide by this Agreement;
The User is of legal age in their place of residence;
The User will not engage with the Website using automated or non-human methods;
The User will refrain from using the Website for any illicit or unauthorized activities;
The User's interaction with the Website will remain in compliance with all relevant laws and regulations.
Users are only permitted to access and utilize the Website for its intended purposes. The Website should not be used for any commercial activities, except those directly related to the services provided by 2be Studios for the User. Additionally, the User commits to avoiding the following actions:
Unauthorized utilization of the Website;
Extracting data or content to form or compile databases or directories without permission;
Bypassing or tampering with the Website's security features;
Unauthorized framing or linking to the Website;
Deceiving or misleading 2be Studios or its users;
Overburdening or causing disruption to the Website or the networks and servers of 2be Studios;
Using the Website to rival 2be Studios;
Attempting to decipher, deconstruct, or reverse engineer any software that's part of the Website;
Evading measures set on the Website to limit or control access;
Harassing, threatening, or causing discomfort to any employees, contractors, or agents of 2be Studios involved in the Website's services;
Removing any copyright or proprietary rights notices from the Content;
Replicating or modifying the Website's underlying software;
Introducing or trying to introduce viruses, Trojan horses, or other harmful materials that could disrupt or damage the Website's functionality;
Transmitting materials that act as information collection or transmission mechanisms, either passively or actively;
Defaming, damaging, or negatively impacting 2be Studios' reputation;
Engaging with the Website in ways that violate any relevant laws, statutes, or regulations.
The User understands and agrees that any queries, remarks, suggestions, or other feedback (collectively referred to as “Feedback”) will be the exclusive property of 2be Studios. 2be Studios is not obligated to maintain the confidentiality of any Feedback nor take measures to ensure its secrecy. All rights associated with the Feedback will belong solely to 2be Studios, except where rights are conferred to the User as per Section 2 (“Rights to Created Content”). 2be Studios can, at its absolute discretion, utilize and share the Feedback for any legitimate purpose without seeking permission, giving credit, or providing compensation to the User. The User confirms their authority to provide such Feedback and hereby relinquishes any claims against 2be Studios for its utilization of the Feedback, in line with this Agreement and any future decisions made by 2be Studios.
Supervision and Control
2be Studios retains the authority to oversee the Website for breaches of this Agreement and to initiate suitable legal measures in response to any infringement of this Agreement or any relevant laws or regulations. Additionally, 2be Studios holds the right to limit or prohibit access to the Website or deactivate the User's ability to use the Website. Such actions will be determined solely by 2be Studios, without any obligation to notify or bear responsibility towards the User. All decisions concerning the Website's administration will be at the exclusive discretion of 2be Studios, aiming to safeguard its interests and assets.
Data Protection Policy
By engaging with the Website, the User consents to adhere to the Data Protection Policy and the specific terms detailed therein, which are hereby recognized and integrated into this Agreement. The Website's hosting occurs in Yucatan, Mexico. Accessing the Website from regions outside of Mexico might subject the User to laws differing from those in Yucatan, particularly concerning personal data management, utilization, or sharing. The User's persistent interaction with the Website and data transfer to Yucatan signifies their explicit approval for data processing within Yucatan, Mexico. 2be Studios intentionally avoids collecting or seeking information from individuals below 18 years of age. In line with Yucatan's data protection regulations, if 2be Studios becomes aware that an individual under 13 has shared personal data without parental consent, the information will be promptly deleted.
Reimbursements and Returns
2be Studios holds the authority to decline refund requests at its sole discretion, without the obligation to notify or bear any responsibility towards the User. Each refund request is evaluated individually. If the User seeks a refund within the initial month of service, all materials crafted by 2be Studios remain the property of 2be Studios, and the User is expressly forbidden from utilizing them in any capacity.
Should a refund be considered justified, a 25% fee will be applied to the outstanding billable duration.
2be Studios retains the right to initiate legal measures against the User for any violation of this section.
2be Studios retains the right to adjust, modify, or remove any content or feature on the Website at its sole discretion. 2be Studios also reserves the authority to modify or cease the entirety or portions of the Website without prior notice and without any liability to the User.
2be Studios does not guarantee uninterrupted access to the Website at all times. Unforeseen hardware, software, or other technical issues might lead to service disruptions or errors beyond 2be Studios' control. The User acknowledges that 2be Studios shall not be held responsible for any loss, damage, or inconvenience resulting from the User's inability to access or use the Website due to any service disruptions.
This Agreement will be governed by and interpreted in line with the laws of Yucatan, Mexico, without considering any conflict of law principles.
All legal actions or proceedings shall be conducted in the appropriate courts of Yucatan, Mexico. Both parties hereby agree to the jurisdiction of these courts and renounce any defenses related to lack of personal jurisdiction or the inappropriateness of the venue. The application of the United Nations Convention on Contracts for the International Sale of Goods and any other international trade laws are excluded from this Agreement.
The Website is offered on an "as-is" and "as-available" foundation. The User acknowledges that their engagement with the Website and its Services is at their sole discretion and risk. 2be Studios renounces all warranties, whether explicit or implicit, related to the Website and its use, including but not limited to the implied warranties of merchantability, suitability for a specific purpose, and non-violation. 2be Studios does not vouch for or claim the precision, completeness, or reliability of the Website, its content, or the content of any sites linked to the Website. 2be Studios will not be held accountable for any content inaccuracies, errors, or misrepresentations, any personal or property damages, unauthorized access or usage of 2be Studios' secure servers, and/or any personal or financial data stored therein, any disruptions in data transmission to or from the site, any harmful elements like bugs, viruses, or Trojan horses transmitted via the Website by any third party, or any errors or omissions in content. 2be Studios does not endorse, warrant, or take responsibility for any product or service promoted or provided by a third party through the Website, any linked site, or any site or mobile application mentioned in any advertisement.
Liability Restrictions and Safeguarding
2be Studios, along with its directors, staff, associates, contractors, or representatives, shall not be accountable to the User or any third party for any direct, indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost revenue, lost data, legal fees, court expenses, or other losses stemming from the User's engagement with the Website.
The User commits to protect, indemnify, and absolve 2be Studios, its affiliated entities, and all their respective officers, associates, agents, partners, employees, and contractors from any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, raised by any third party due to or resulting from: (1) the User's use of the Website; (2) breach of this Agreement; (3) any violation by the User of the representations and warranties established herein; (4) the User's infringement of any third party's rights, including intellectual property rights. Despite the above, 2be Studios retains the right, at the User's expense, to undertake the exclusive defense and control of any matter that the User is obligated to indemnify against. The User pledges to collaborate with 2be Studios in defending such claims.
The User is exclusively accountable for all data they transmit or that pertains to any activity they've undertaken on the Website. 2be Studios shall bear no responsibility to the User for any loss or corruption of such data, and the User hereby relinquishes any claims against 2be Studios arising from such loss or corruption.
Digital Communications and Signatures
The User consents to receive electronic communications from 2be Studios. The User acknowledges that all contracts, notices, disclosures, and other communications sent via email or through the Website meet any legal stipulation that such communications be in writing. The User agrees to the utilization of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and transaction records initiated or finalized by 2be Studios or via the Website. The User waives any rights or prerequisites under any laws in any jurisdiction which demand an original signature or the delivery or retention of non-digital records, or to payments or credit acknowledgments through non-electronic means.
Displaying Design Projects
2be Studios retains the right to showcase design projects on digital platforms, including social media, their website, etc., unless a different agreement is in place. The User has the option to establish a Non-Disclosure Agreement (NDA) with 2be Studios, which would then nullify 2be Studios' right to publicly display or discuss the User's projects.
This Agreement, along with any policies posted on the Website or related to the Website, represents the complete understanding between the User and 2be Studios. Any failure by 2be Studios to enforce a provision of this Agreement does not constitute a waiver of that provision. If any part of this Agreement is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Nothing in this Agreement or on the Website implies the formation of a joint venture, partnership, employment, or agency relationship between the User and 2be Studios.
For inquiries or concerns about the Website, please contact 2be Studios at: email@example.com