Website Terms of Use

The following Terms of Use are entered into by and between You and Asya Muzlera, doing business as Asya Muzlera Creative Agency ("Company", "we", "our", or "us").

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of www.asyamuzlera.com, including any content, functionality, products, and services offered on or through www.asyamuzlera.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, by purchasing any product offered on the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy, and our Disclaimer, each incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

Eligibility

The Website is intended for a general audience and is not directed to children.

You must be at least 18 years of age to purchase any product or service offered on or through the Website, to create an account, or to enter into any agreement with the Company. By making a purchase or creating an account, you represent and warrant that you are at least 18 years of age, that you are of legal age to form a binding contract with the Company, and that you meet all of the foregoing eligibility requirements.

The Company does not knowingly collect personal information from children under the age of 13, and does not knowingly permit children under 13 to submit information through the Website. Additional information regarding children's privacy is set out in our Privacy Policy.

If you do not meet these requirements, you must not access or use the Website.

Changes To The Terms Of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Privacy

Your use of the Website is also subject to the Company's Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

Disclaimer

Your use of the Website is also subject to the Company's Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information, products, and services provided on or through the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

Accessing The Website And Account Security

We reserve the right to withdraw or amend this Website and any product, service, or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources or products it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any product or resource obtained from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

No Unlawful Or Prohibited Use And Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any content or products obtained from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Website, such as text, graphics, logos, images, photographs, video, audio, presets, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or obtained from the Website.

The Company content is not for resale. Your use of the Website or any product obtained from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Creative Services

The Company offers creative and production services, which may include branded video campaigns, lifestyle and product photography, destination visual packages, social media content creation, and website design (collectively, the "Services").

Information about the Services presented on the Website is provided for general informational purposes only and does not constitute an offer to contract. No engagement for Services is created, and no contractual relationship of any kind arises, by reason of your use of the Website, your submission of an inquiry or contact form, your booking of a consultation, or any email or other electronic communication with the Company.

All Services are provided solely pursuant to a separate written agreement executed by the Company and the client, which shall govern the scope of work, deliverables, fees, payment terms, timelines, revisions, ownership and licensing of work product, usage rights, and all other terms applicable to the engagement. In the event of any conflict between these Terms of Use and such a written agreement, the written agreement shall control with respect to the Services.

Purchases Of Digital Products; Presets

The Company offers digital products for sale on the Website, including without limitation Lightroom Mobile preset collections (the "Presets," and together with any other digital products offered on the Website, the "Digital Products").

Pricing and Currency. All prices are stated in United States Dollars (USD) unless expressly stated otherwise. Prices are subject to change without notice. You are responsible for any taxes, duties, currency conversion charges, or bank fees applicable to your purchase.

Payment. Payment is processed by third-party payment processors. The Company does not receive or store your full payment card details. Your use of a payment processor is subject to that processor's own terms and privacy policy.

Delivery. Digital Products are delivered electronically, by download link or by email to the address you provide at checkout, promptly following successful payment. You are responsible for providing a valid, deliverable email address and for ensuring that our messages are not blocked or filtered. If you do not receive your Digital Product, contact us at info@asyamuzlera.com and we will re-issue delivery.

License Grant. Upon payment in full, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Digital Products you have purchased for your own personal use or your own internal business use. Except as expressly provided herein, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, distribute, share, resell, sublicense, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any Digital Product.

By ordering or downloading Digital Products, you agree that the Digital Products you purchase may be used only by you and may not be sold, shared, transferred, or redistributed, in whole or in part, without the express written consent of the Company. You further agree that you shall not create any derivative work based upon the Digital Products and shall not offer any competing product based upon any Digital Product or any information contained therein.

ALL SALES ARE FINAL. NO REFUNDS, RETURNS, OR EXCHANGES. Because Digital Products are delivered electronically and are accessible immediately upon purchase, all sales of Digital Products are final and non-refundable. Once the files have been delivered or made available for download, they cannot be returned or exchanged, and no refund, credit, or exchange will be issued for any reason, including without limitation change of mind, failure to use the product, dissatisfaction with results, or incompatibility with your device or software. By completing your purchase you expressly acknowledge and agree to this policy and waive any right of cancellation or withdrawal to the fullest extent permitted by applicable law.

Non-Delivery and Defective Files. Notwithstanding the foregoing, if a Digital Product is not delivered to you, or if the files you receive are corrupted or unreadable, contact us at info@asyamuzlera.com within thirty (30) days of purchase and we will re-deliver or replace the files. Re-delivery or replacement is your sole and exclusive remedy.

System Requirements; Results Vary. Presets require the Adobe Lightroom Mobile application, which is available free of charge, or Adobe Lightroom Desktop, which requires a paid Adobe Creative Cloud subscription. The Company does not supply, control, or warrant any Adobe product. Presets are a starting point for editing. Lighting conditions, location, subject matter, skin tones, camera and device settings, and file format all affect results, and adjustment of individual images should be expected. The Company makes no representation or warranty that any Preset will produce any particular result on any particular image. Please review our published preset FAQ before purchasing.

Chargebacks. Initiating a chargeback or payment dispute in respect of a properly delivered Digital Product, in place of contacting the Company, constitutes a breach of these Terms of Use. Upon any such chargeback, all licenses granted to you under these Terms of Use terminate immediately and you must cease all use of, and destroy all copies of, the Digital Products.

Termination of License. If any license granted under this section terminates for any reason, you shall immediately cease all use of the applicable Digital Products and destroy all copies in your possession or control, in any format or medium.

Free Resources

From time to time, the Company may make certain resources available at no charge, including in exchange for your email address or subscription to our newsletter (the "Free Resources"). The Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the Free Resources for your own personal use or your own internal business use.

Except as otherwise expressly provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, distribute, resell, sublicense, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Free Resources. Free Resources may not be sold or redistributed without the express written consent of the Company. You further agree that you shall not create any derivative work based upon the Free Resources and shall not offer any competing product or service based upon any information contained in the Free Resources.

The Company is under no obligation to continue offering any Free Resource and may withdraw, modify, or discontinue any Free Resource at any time without notice.

For Educational And Informational Purposes Only

As set forth more fully in the Disclaimer, the information contained on this Website and any resources made available through this Website are for educational and informational purposes only. The information contained on this Website and any resources made available through this Website are not intended as, and shall not be understood or construed as, legal, financial, tax, medical, health, nutritional, or any other professional advice.

Accuracy And Personal Responsibility

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website is accurate and provides valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners, members, managers, officers, employees, or contractors shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or of any product obtained from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan, product, or recommendation referenced on this Website.

No Guarantees As To Results

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others — whether clients or customers of the Company or otherwise — are no guarantee that you or any other person or entity will be able to obtain similar results.

Email And Other Electronic Communications

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication does not create a business relationship, a client relationship, or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order or other legal process.

Materials Provided To The Website Or To The Company

The Company does not claim ownership of the materials you provide to the Company or to the Website, including feedback, suggestions, reviews, testimonials, photographs, video, or other content you post, upload, input, submit, or tag to the Company (collectively "Submissions"). However, by posting, uploading, inputting, providing, submitting, or tagging the Company in your Submission, you are granting the Company, our affiliated entities, and necessary sub-licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive permission to use your Submission in connection with the operation of our business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name, username, or social media handle in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company's sole discretion.

By posting, uploading, inputting, providing, submitting, or tagging the Company in your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission, and that the Submission does not infringe the rights of any third party.

Links To Third Party Websites And Services; Affiliate Links

The Website may contain links to other websites ("Linked Websites"). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Website or any association with its operators.

Certain links on this Website, including but not limited to links on our Resources & Links page, are affiliate links. This means the Company may earn a commission if you click on or make a purchase through those links, at no additional cost to you. Affiliate relationships are described more fully in our Disclaimer, which is incorporated herein by reference. Your purchase from any third party is a transaction solely between you and that third party, governed by that third party's own terms and policies, and the Company is not a party to it and bears no responsibility or liability in connection with it.

Certain services made available via the Website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website's users and customers.

No Warranties

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, PRESETS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation Of Liability

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR ANY PRODUCT OBTAINED FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY THROUGH THE WEBSITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

Governing Law

These Terms of Use, the Privacy Policy, the Disclaimer, and any dispute, claim, or controversy arising out of or relating to any of them or to your use of the Website, whether sounding in contract, tort, statute, or otherwise, shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.

Nothing in this section deprives a consumer resident in any jurisdiction of the protection afforded to that consumer by mandatory provisions of the law of that jurisdiction which cannot be derogated from by agreement.

Dispute Resolution And Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A TRIAL BY JURY.

Informal Resolution First. Before commencing any arbitration, you agree to first contact the Company in writing at info@asyamuzlera.com with a description of your claim and the relief you are seeking, and to attempt in good faith to resolve the matter informally for a period of thirty (30) days from the date of that notice.

Agreement To Arbitrate. If the matter is not resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Website, any product purchased through the Website, or the relationship between you and the Company shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, as modified by this section. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Location. The arbitration shall be conducted in [COUNTY] County, Florida, United States, or, at your election, by telephone, videoconference, or on the basis of written submissions where permitted by the applicable AAA rules.

Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

Fees And Costs. Payment of all filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys' fees and costs except as otherwise awarded by the arbitrator or required by applicable law.

Small Claims Exception. Either party may bring an individual action in small claims court in lieu of arbitration, provided the claim qualifies and remains in that court and is brought on an individual basis only.

Injunctive Relief For Intellectual Property. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction located in [COUNTY] County, Florida to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights, and both parties consent to the exclusive personal jurisdiction and venue of the state and federal courts located in that county for that purpose.

Right To Opt Out. You may opt out of this arbitration agreement by sending written notice of your decision to opt out to info@asyamuzlera.com within thirty (30) days of first accepting these Terms of Use. Your notice must include your name, the email address associated with your use of the Website, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms of Use.

Severability Of This Section. If any portion of this Dispute Resolution section is found unenforceable, that portion shall be severed and the remainder shall continue in full force and effect, except that if the Class Action Waiver is found unenforceable as to a particular claim, that claim shall be severed from arbitration and resolved in a court of competent jurisdiction located in [COUNTY] County, Florida.

International Users

The Company is a remote business and does not maintain any public place of business, retail location, or office open to visitors in any jurisdiction. The Website is controlled, operated, and administered by the Company from the United States of America, and the Company's registered address is located in the State of Florida.

If you access the Website from a location outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local laws. You agree that you will not use any Company content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Information collected through the Website may be transferred to, stored in, and processed in the United States and other jurisdictions whose data protection laws may differ from those of your jurisdiction. Further information is set out in our Privacy Policy.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its owners, members, managers, officers, directors, employees, contractors, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Website, products, or services, any Submission made by you, your violation of any term of this agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

Termination And Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Website and any related products or services, or any portion thereof, at any time, without notice. To the maximum extent permitted by law, you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Dispute Resolution and Binding Arbitration section above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

Sections concerning intellectual property, Submissions, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution shall survive any termination of these Terms of Use.

No Joint Venture Or Other Relationship

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use.

Severability

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from any cause beyond its reasonable control, including without limitation acts of God, natural disaster, epidemic or pandemic, war, terrorism, civil unrest, government action, labour disruption, failure of internet or telecommunications infrastructure, failure of third-party platforms or payment processors, or interruption of utilities.

Entire Agreement

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. For the avoidance of doubt, any separate written agreement for Services executed between the Company and a client shall control with respect to those Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Assignment

You may not assign or transfer these Terms of Use or any rights or obligations hereunder without the prior written consent of the Company. The Company may assign these Terms of Use, in whole or in part, without restriction, including to any successor entity, including upon the formation of Asya Muzlera Creative Agency, LLC.

Changes To Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

The Company welcomes your questions or comments regarding the Terms:

Email Address: info@asyamuzlera.com

Effective as of: September 2, 2026