Legal Notice

PREAMBLE

Any person accessing the Asubaka Studio website presented by Asubakatchin Productions, namely https://asubakastudio.digital, agrees to comply with these terms of use, which may be supplemented by specific conditions for certain services.

Asubakatchin Productions and its brand Asubaka Studio© are not responsible for the use of data, content broadcasted, or services provided by another party that, in particular, do not comply with current regulations.

IDENTIFICATION:

This site is the property of: Eva Derks
SIRET Number: 79846033300023

Responsible, publisher, and website administrator: Eva Derks

Head Office:
Lieu-dit Les Bordes, Cominac
09140 Ercé
France
Phone: 09 70 02 31 51
Email: asubakaproductions@gmail.com

Copyright: Asubaka Studio© by Asubakatchin Productions

ACCEPTANCE OF TERMS

The client entrusts Asubakatchin Productions with the creation of one or more films and/or video edits and/or photographs. Video creations, 2D/3D animations, and edits are carried out by professionals.

These General Terms and Conditions of Sale apply on the day the client places an order for animated videos and edits. This will constitute the client's acceptance of these General Terms and Conditions of Sale and thus the conclusion of the contract. These General Terms and Conditions of Sale will prevail between the parties.

It is therefore the clients' responsibility to carefully read the following provisions, as they collectively constitute a contract formalizing the contractual relationship with Asubakatchin Productions.

Asubakatchin Productions reserves the right to modify the General Terms and Conditions of Sale at any time. The client accepts the use of the service provided by Asubakatchin Productions as is.

ORDERING ONLINE

The order placement is confirmed by Asubaka Studio via email or another means. This confirmation informs the client that the order has been successfully recorded by Asubaka Studio but should not be interpreted as an acceptance of the order. Upon conclusion of the contract, Asubaka Studio is responsible for fulfilling the order. The actual production of animated videos and/or edits can only be carried out after full payment of the corresponding amount has been made to Asubaka Studio.

Asubaka Studio reserves the right to refuse an order, notably (without this list being exhaustive) in the event of inability to perform the service, abusive requests by the client (as defined by case law), violation of current legislation and regulations, infringement of others' rights, or a presumption of the client's inability to contract or perform the contract.

PRICE AND PAYMENT

Asubakatchin Productions reserves the right to modify prices at any time. The amount of the order will be determined by the prices in effect on the date of the order. The prices mentioned in the order confirmation are final, expressed in euros, all taxes included. These prices do not include delivery costs, which are the client's responsibility.

Payment is made online using a secure payment system or by any other method mentioned on the site. In accordance with the Data Protection Act of January 6, 1978, as amended by the law of August 6, 2004, the client's personal information is protected and encrypted during transmission to the banking payment processing center. The order validated by the client will only be considered effective once the concerned banking payment centers have given their approval. In case of refusal by the banking payment centers, the order will be automatically canceled, and the client will be notified by any means chosen at the discretion of Asubakatchin Productions.

DELIVERY OF PHYSICAL MEDIA

Asubakatchin Productions is solely responsible for choosing the carrier. Delivery costs are borne by the client. Unless otherwise specified, Asubakatchin Productions will send the delivery to the address provided by the sender. In the event of damage to the delivery directly caused by the client or by the client withdrawing their order from the carrier, Asubakatchin Productions cannot be held responsible.

Asubakatchin Productions commits, as much as possible, to combine orders placed to the same address. In the case of delivery to the French Overseas Departments and Territories (DOM-TOM), these costs do not include any applicable taxes and customs duties that the client may need to pay. The amounts of these taxes depend on the regulations in force in each destination territory. It is therefore the client's responsibility to inform themselves with the relevant local authorities, obtain the necessary information, and ensure compliance with specific import formalities in the destination territory.

LIMITATION OF LIABILITY

Asubakatchin Productions is only obliged to make reasonable efforts, particularly (without this list being exhaustive) to provide access to the site, delivery, or subsequent services.

The client has 15 calendar days from the delivery date to submit written complaints regarding their order to Asubaka Studio. After this period, the client will be considered to have definitively accepted the delivery and will no longer be able to make any claims.

In the event of a defective performance exclusively attributable to Asubakatchin Productions (specifically, the poor execution of edits relative to the client's order) and provided that the client strictly adheres to the complaint deadline, the client's compensation may be considered. Asubakatchin Productions cannot, under any circumstances, be held responsible for losses resulting from deficiencies in the provided service.

Asubakatchin Productions incurs no liability for all direct or indirect damages (such as, in particular: loss of business, loss of profit, loss of chance, or lost earnings), or other damages of any kind or miscellaneous expenses resulting from the client's judgment of insufficient service quality.

RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L. 121-20-2, 3 of the Consumer Code, the right of withdrawal cannot be exercised for goods manufactured according to the consumer's specifications or clearly personalized. Therefore, the right of withdrawal is excluded for clients in this case.

INTELLECTUAL PROPERTY RIGHTS

The client declares that they hold all intellectual property rights related to photo, video, musical, or graphic files and, more generally, to all documents entrusted to Asubaka Studio. They thus guarantee Asubaka Studio that no transmitted element allows a third party to claim intellectual property rights or any other proprietary rights. Consequently, Asubaka Studio's liability cannot be engaged in the event of a third-party claim related to the data provided by the client.

In any case, the client agrees to indemnify Asubakatchin Productions for all financial consequences related to legal actions or claims from third parties, particularly resulting from the sending, broadcasting, use, or transmission of content performed by them, as well as during the use of the Services, violation of the General Terms and Conditions of Sale, or infringement of others' rights.

OWNERSHIP OF EDITS

Edits or, more generally, any property delivered by Asubaka Studio© remain the property of Asubakatchin Productions until full payment by the client.

PERSONAL DATA

The client agrees to provide accurate information regarding their personal data and all required elements, particularly during the ordering process. In case of incorrect information, Asubakatchin Productions cannot be held responsible for the inability to deliver the client's order(s). This information is essential for Asubaka Studio to process any order.

Asubakatchin Productions reserves the right to collect data on the client. Your personal data is stored in France, and no data will be transmitted to third parties without the client's consent.

Asubakatchin Productions ensures confidentiality. However, it is the client's responsibility to back up their files. Asubakatchin Productions cannot be held responsible for the client's data loss or accidental destruction.

Furthermore, the client declares that they are transmitting all elements via mail or the internet (videos, music, photos, graphic charters, etc.) of their own free will, with the aim of having an edit performed by Asubaka Studio.

DATA STORAGE

The client agrees that Asubakatchin Productionss may modify the retention periods of transmitted edits at any time. Asubakatchin Productions does not guarantee the preservation of transmitted data. However, "funnels" type videos will be stored on an AWS (Amazon Web Services) CloudFront CDN server, and this storage option is paid.

Regarding other transmitted data and exported final edits, the client cannot hold Asubaka Studio responsible in the event of data loss, committing to make backup copies.

USE OF FILE TRANSFER

Asubakatchin Productions is authorized to verify the content of the audiovisual, graphic, and/or photographic data transmitted by the client. The client is solely responsible for the content and materials transferred. However, the file transfer will be carried out using the service provider https://studio.creativefabrica.com/transfer, which ensures security and confidentiality. Additionally, these data may be encoded by Creative Fabrica's Studio if necessary.

The client agrees not to use file transfers to: download, send, transmit by any means any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, threatening to others' privacy, hateful, racist, or otherwise reprehensible content.

In the event that Asubakatchin Productions detects usage of its file transfer service contrary to these General Terms and Conditions of Sale, Asubakatchin Productions reserves the right to delete the content.

⚠️ For punishable content, Asubakatchin Productions will alert the competent authorities. In case of a third-party complaint regarding a user's data content, Asubakatchin Productions will do its utmost to restore a healthy situation but cannot be held responsible for the dissemination of data.

NETWORK FAILURES

The client declares that they are aware of and accept the specifics and limitations of the Internet and acknowledge being informed, in particular, that Internet networks can exhibit highly variable technical performance and response times during data transfers. Data transmission (except for information transmitted to make online payments) will be protected and encrypted by our partner service provider Creative Fabrica, meaning that information and files circulating via the Internet will be protected to prevent possible misappropriations. The client therefore agrees to download all their data under the sole responsibility of Creative Fabrica. Consequently, the client acknowledges that the communication of any type of information they consider confidential is made under the sole responsibility of Creative Fabrica.

Additionally, the client agrees to take necessary measures to protect their personal data, computer systems, and software from contamination by all kinds of malicious software (viruses, spyware, etc.) circulating on the Internet. In general, the client is solely responsible for the use of the data they access, query, and transfer on or via the Internet, as well as for the use of the various services offered by Asubakatchin Productions, whose liability cannot be engaged in any way.

INTEGRITY

In the event that one of the clauses of this contract is declared null and void due to a change in legislation, regulation, or a court decision, it shall not affect the validity of these General Terms and Conditions of Sale. These Terms of Sale constitute the entire agreement between Asubakatchin Productions, its brand Asubaka Studio©, and the client. The failure of Asubakatchin Productions to exercise the rights recognized to it under these terms does not constitute a waiver of those rights for the future.

FORCE MAJEURE

In the event of "force majeure", the obligations of Asubakatchin Productionss and its brand Asubaka Studio© are suspended for the duration of the occurrence. Cases of "force majeure" include, in addition to those usually recognized by jurisprudence, the blocking of telecommunications, the blocking or unavailability of Internet networks, failure of equipment broadcasting the service, fire, water damage, blockage of transportation or supply means, and total or partial strikes. Neither party can be held responsible to the other, and no compensation can be demanded for delays or harmful consequences due to one or more of these force majeure events. If, after a period of three months, the parties observe the persistence of "force majeure", these general conditions will be automatically and automatically terminated, unless otherwise agreed between the two parties.

APPLICABLE LAW

These General Conditions and the relationship between Asubakatchin Productions, its brand Asubaka Studio©, and the users will be governed by French law. Any dispute that cannot be resolved amicably within two months will be brought before the competent courts of Paris.

The online content and services on the https://asubakastudio.digital/en portal are offered in English. In case of a dispute, the French language shall prevail.