Terms of Service

Agreement between User and www.sonorastudios.co.

Welcome to www.sonorastudios.co. The www.sonorastudios.co website (the "Site") is comprised of various web pages operated by Sonora Studios, LLC ("Sonora"). www.sonorastudios.co is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for your reference.

Sonora is a branding, design, and marketing company that helps entrepreneurs and businesses showcase their talents by building and elevating their brands. With an unmatched range of creative capabilities and more than 19 years of experience, Sonora has successfully created brands, captivated audiences, and communicated messages to align with brands’ initiatives and goals. Sonora strives to deliver innovative strategies and solutions to make brands truly unique and compelling.

Electronic Communications

Visiting www.sonorastudios.co or sending emails to Sonora constitute 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 Site, satisfy any legal requirement that such communications be in writing.

Issues Pertaining to Minors

Sonora does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.macreativestudio.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

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

Certain services made available via www.macreativestudio.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.macreativestudio.com domain, you hereby acknowledge and consent that Sonora may share such information and data with any third party with whom or which Sonora has a contractual relationship to provide the requested product, service or functionality on behalf of www.macreativestudio.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.sonorastudios.co strictly in accordance with these terms of use. As a condition of your use of the Site, you agree and warrant to Sonora that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or under Federal or State law. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sonora 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 agree not to 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 Site. Sonora content is not for resale. Your use of Sonora does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Sonora and if applicable, the copyright owner. You agree that you do and will not acquire any ownership rights in any protected content. Sonora does not grant you any licenses, express or implied, to the intellectual property of Sonora or our licensors except as expressly authorized by these Terms.

International Users

The service is controlled, operated, and administered by Sonora from our office in California. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Sonora’s content accessed through www.sonorastudios.co in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Sonora, its officers, directors, members, partners, employees, agents, representatives, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sonora 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 Sonora in asserting any available defenses, and the payment of all reasonable attorney fees and costs.

Enforcement/Dispute Resolution

If a dispute arises between the parties about the interpretation of, enforcement of, or compliance with the terms of this Agreement, the parties involved will first attempt to resolve it through informal discussions or other alternative means of resolving such dispute, including, but not limited, to any agreed upon mediation process before a private or court provided mediation service, or before any person mutually agreed upon by the parties. The parties may convene such discussions by written notice and shall reasonably accommodate the other with respect to scheduling. The costs and fees of the mediator shall be equally borne and paid by the parties and shall be a prerequisite to either party obtaining attorneys’ fees and costs. If the dispute is not resolved in this manner within thirty (30) days of the initial contact by one party to the other which identifies the dispute, or within a time mutually agreed upon by the parties, it may be referred to binding arbitration (see next paragraph below). 

If a dispute between the parties is not resolved in accordance with the process set forth in the previous paragraph above, and should the parties mutually agree in writing, said dispute may be decided by neutral binding arbitration in accordance with Part III, Title 9, of the California Code of Civil Procedure, and not by court action except as provided by California law for judicial review of arbitration proceedings. The parties shall have the right to discovery in accordance with Code of Civil Procedure section 1283.05. Whenever possible, the arbitrator shall be a retired Superior or Appellate Court Judge or Justice, or someone of equivalent knowledge and experience. The filing of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the right to arbitrate under this provision. 

The arbitrator shall follow the rules of evidence relating to the trial of civil actions. The parties are free to waive or modify any evidentiary rule or procedure with the consent of the arbitrator. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the Arbitrator’s decision in any court having jurisdiction. 

Fees and Costs. The Parties shall each pay one-half of the fees and costs of the Arbitrator, subject to the Arbitrator’s power to make an award of fees and costs to the prevailing Party. 

Arbitration Provider/Rules. The arbitration shall be administered by the American Arbitration Association (AAA) and conducted pursuant to its Commercial Arbitration Rules (the “AAA Rules”). To the extent that any provision hereof is inconsistent with any provision of the AAA Rules, the terms of this Agreement shall control. 

Court Action. In the event the Parties have not resolved their dispute by mediation, in that mediation has occurred and was not successful, or one Party demanded mediation and the other Party declined mediation, and the Parties have not mutually agreed to proceed to binding arbitration in accordance with arbitration provisions above, they may file an appropriate action or proceeding for relief in the San Diego County Superior Court which the Parties agree is the venue for any action or proceeding under this Agreement.  

Liability Disclaimer

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

MD CREATIVE STUDIO, LLC 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 SITE 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. SONORA STUDIOS, LLC 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 MD CREATIVE STUDIO, LLC 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MD CREATIVE STUDIO, LLC 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Sonora reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

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

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sonora with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sonora with respect to the Site. 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 to the parties that this agreement and all related documents be written in English.

Changes to Terms

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

Contact Us

Sonora welcomes your questions or comments regarding the Terms:

Sonora Studio, LLC
San Diego, California
hello@mdcreativestudio.co