Updated: November 3rd, 2022

Please read these terms of use carefully. By accessing or using any QUARK DESIGN STUDIO website or mobile application (or any content, digital product, service, or feature available through the website or mobile application, including the embedded viewer) (collectively, the “site”), you agree to abide by and be bound by the terms described herein and by all terms, policies and guidelines incorporated by reference, as well as any additional terms and restrictions presented in relation to specific content or a specific digital product, service or feature (collectively, the “site terms”). If you do not agree to all of these terms, do not use the site.

These Site Terms are not intended to alter the terms or conditions of any content license agreement you may have with QUARK DESIGN STUDIO, its subsidiaries or RESELLERS, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify QUARK DESIGN STUDIO for violations of these Site Terms.

Privacy
QUARK DESIGN STUDIO is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Services and/or virtual goods (PHOTOS, ILLUSTRATIONS AND VECTORS)

Our services are available exclusively online through the website. These services may have limited quantities and are subject to cancellation and refund only in accordance with our Cancellation and Refund Policy.

We have made every effort to display as accurately as possible the colors and images of services or virtual goods that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit sales of our virtual products and/or services to any person, geographic region or jurisdiction. We may exercise this right in each case. We reserve the right to limit the quantities of any virtual products or services that we offer. All descriptions of virtual products or prices of virtual products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any digital product and/or service mat any time. Any offer for any virtual product and/or service made on this site is void where prohibited.

We do not warrant that the quality of any virtual product, service, information or other digital material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Use of the Site

The Site and the QUARK DESIGN STUDIO’ Content are intended for customers of QUARK DESIGN STUDIO. You may not use the Site or the QUARK DESIGN STUDIO’ Content for any purpose not related to your business with QUARK DESIGN STUDIO.

You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the QUARK DESIGN STUDIO’ Content without, or in violation of, a written license or agreement with QUARK DESIGN STUDIO; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the QUARK DESIGN STUDIO’ Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any QUARK DESIGN STUDIO digital product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, altering or modifying any part of the Site or the QUARK DESIGN STUDIO’ Content; (f) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (g) selling, licensing, leasing, or in any way commercializing the Site or the QUARK DESIGN STUDIO’ Content without specific written authorization from QUARK DESIGN STUDIO; and (h) using the Site or the QUARK DESIGN STUDIO’ Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Mexico or the country in which you reside.

Ownership of the Site and its Contents

The Site is owned by QUARK DESIGN STUDIO. Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof (“QUARK DESIGN STUDIO Content”), is owned by QUARK DESIGN STUDIO, its licensors, or its third-party image partners. All elements of the Site, including the QUARK DESIGN STUDIO Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Your intellectual property

As between QUARK DESIGN STUDIO and you, you must own all intellectual property related to your User Content and any other materials created by you, including that of any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artwork, code, interfaces, text, and literary works. QUARK DESIGN STUDIO does not claim ownership of its content. For the sole purpose of providing the service, you acknowledge and agree that we will need to access, upload and/or copy your User Content to our platform, including the cloud services and CDNs, to make display settings, to duplicate them for backup purposes and to perform any other technical action and/or uses required to provide your services, as we deem necessary.

Intellectual property of QUARK DESIGN STUDIO

All right, title and interest in and to the QUARK DESIGN STUDIO including any and all copyrightable materials or any other content therein that is or may be subject to intellectual property rights under any applicable law (including art, graphics, images, website templates and widgets, literary works, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof the “look and feel” of QUARK DESIGN STUDIO methods, products, algorithms, data, features and interactive objects, advertising and procurement tools and methods, inventions, trade secrets, logos, domains, custom URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered or capable of registration (collectively, “Intellectual Property”), and any derivations thereof, are owned by or licensed to QUARK DESIGN STUDIO.

Subject to your full compliance with QUARK DESIGN STUDIO’ Terms of Service and timely payment of all applicable fees, QUARK DESIGN STUDIO hereby grants you, upon creation of your User Account and for as long as you desire QUARK DESIGN STUDIO to offer the Services, a non-exclusive, non-transferable, non-sublicensable license, limited and fully revocable to use the QUARK DESIGN STUDIO’ Services and Licensed Content for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) on it, only as expressly permitted under the QUARK DESIGN STUDIO’ Terms, and only within the QUARK DESIGN STUDIO ‘Services.

QUARK DESIGN STUDIO’ Terms do not convey any right or interest in or to the QUARK DESIGN STUDIO’ intellectual Property (or any part thereof), except for the limited license expressed above. Nothing on QUARK DESIGN STUDIO’ terms constitutes an assignment or waiver of QUARK DESIGN STUDIO’s Intellectual Property rights under any law.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, QUARK DESIGN STUDIO has adopted a policy of terminating, in appropriate circumstances and at QUARK DESIGN STUDIO sole discretion, account holders who infringe the intellectual property rights of QUARK DESIGN STUDIO or any third party.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

QUARK DESIGN STUDIO

Torcuato Tasso # 245, Piso 4, Col. Polanco IV Sección, C.P. 11550, Alcaldía Miguel Hidalgo, Mexico City, Mexico.

Trademarks

QUARK DESIGN STUDIO Trademarks, the QUARK DESIGN STUDIO logo, and any other digital product or service name or slogan contained in the Site are trademarks of QUARK DESIGN STUDIO and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of QUARK DESIGN STUDIO or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “QUARK DESIGN STUDIO” or any other name, trademark or digital product or service name of QUARK DESIGN STUDIO without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of QUARK DESIGN STUDIO and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, digital products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links
You may not use a QUARK DESIGN STUDIO logo or other proprietary graphics of QUARK DESIGN STUDIO to link to the Site without the express written permission of QUARK DESIGN STUDIO. Further, you may not frame any QUARK DESIGN STUDIO trademark, logo or other proprietary information, including the QUARK DESIGN STUDIO Content, without QUARK DESIGN STUDIO express written consent.

QUARK DESIGN STUDIO makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of QUARK DESIGN STUDIO and QUARK DESIGN STUDIO is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. QUARK DESIGN STUDIO provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by QUARK DESIGN STUDIO of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that QUARK DESIGN STUDIO shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Embedded Viewer

Where enabled, you may embed QUARK DESIGN STUDIO’ Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all QUARK DESIGN STUDIO’ Content will be available for embedded use, and availability may change without notice. QUARK DESIGN STUDIO reserves the right in its sole discretion to remove QUARK DESIGN STUDIO’ Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or QUARK DESIGN STUDIO’ Content. You may only use embedded QUARK DESIGN STUDIO for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded QUARK DESIGN STUDIO’ Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer.

QUARK DESIGN STUDIO (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded QUARK DESIGN STUDIO’ Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to QUARK DESIGN STUDIO, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify QUARK DESIGN STUDIO immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to QUARK DESIGN STUDIO.

Payment method

All payments must be paid in US dollars. You can pay with any credit and/or debit card, Visa, Master Card. This will notify us by e-mail when you have made your payment. From the notification, in a period of no more than 48 hours your payment will be validated to start processing your order.

Indemnification

You agree to defend, indemnify and hold harmless QUARK DESIGN STUDIO, its subsidiaries, RESELLERS, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the QUARK DESIGN STUDIO Content, or your violation of any rights of another.

Disclaimer

THE SITE, INCLUDING WITHOUT LIMITATION THE EMBEDDED VIEWER AND THE QUARK DESIGN STUDIO CONTENT, ARE PROVIDED “AS IS” AND QUARK DESIGN STUDIO AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND RESELLERS EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. QUARK DESIGN STUDIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE QUARK DESIGN STUDIO CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT QUARK DESIGN STUDIO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE QUARK DESIGN STUDIO CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE QUARK DESIGN STUDIO CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. QUARK DESIGN STUDIO uses reasonable efforts to ensure the accuracy, correctness and reliability of the QUARK DESIGN STUDIO Content, but we make no representations or warranties as to the QUARK DESIGN STUDIO Content’s accuracy, correctness or reliability.

QUARK DESIGN STUDIO offers a search feature within the Site. QUARK DESIGN STUDIO explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. QUARK DESIGN STUDIO also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability

IN NO EVENT SHALL QUARK DESIGN STUDIO, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE QUARK DESIGN STUDIO CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM QUARK DESIGN STUDIO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO QUARK DESIGN STUDIO RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF QUARK DESIGN STUDIO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO QUARK DESIGN STUDIO FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue

Any dispute relating in any way to your use of the Site or the QUARK DESIGN STUDIO Content shall be submitted to confidential arbitration in Mexico, except that, to the extent you have in any manner violated or threatened to violate QUARK DESIGN STUDIO intellectual property rights, QUARK DESIGN STUDIO may seek injunctive or other appropriate relief in Mexico, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the Mexico Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

Termination
Notwithstanding any of these Site Terms, QUARK DESIGN STUDIO reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by QUARK DESIGN STUDIO. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved

Changes to Site Terms

QUARK DESIGN STUDIO reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the “last updated” date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites .