Legal

Terms &
Conditions.

Last updated: August 29, 2023  ·  Mike Tapia Studios LLC

These Terms and Conditions govern the use of this Service and the agreement that operates between you and the Company. Please read these terms carefully before using our Service. By accessing or using the Service you agree to be bound by these Terms and Conditions.

Interpretation & Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Texas, United States.
  • Company (referred to as "the Company," "We," "Us," or "Our") refers to Mike Tapia Studios LLC, 11603 One Token Drive, Houston, TX 77065.
  • Device means any device that can access the Service — computer, cellphone, or digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content provided by a third-party that may be displayed, included, or made available by the Service.
  • Website refers to OnceDivided Studios, accessible at once-divided.com.
  • You means the individual accessing or using the Service, or the company on behalf of which such individual is accessing or using the Service.

Acknowledgment

These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms, you may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Service. Please read our Privacy Policy carefully before using our Service.

Termination

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever — including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms — and your exclusive remedy for all of the foregoing — shall be limited to the amount actually paid by you through the Service, or 100 USD if you haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever — including damages for loss of profits, loss of data, business interruption, personal injury, or loss of privacy — arising out of or in any way related to the use of or inability to use the Service, even if the Company has been advised of the possibility of such damages.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company expressly disclaims all warranties — whether express, implied, statutory, or otherwise — with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, neither the Company nor any of its providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service or its servers are free of viruses or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company directly.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability & Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law — and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter — nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms

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 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 website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, you can reach us directly:

By email: info@once-divided.com