2 Paws Up Studios, LLC, Website and Mobile Application Terms and Conditions

Welcome to the 2 Paws Up Studios, LLC Mobile Applications, and Gizmo’s Awesome Adventures series Terms and Conditions.

This site and mobile applications are owned and operated by 2 Paws Up Studios, LLC. We have created this website and mobile applications for your personal enjoyment, entertainment, and education. However, you are only authorized to access this website and mobile applications, or to use the materials contained in the website if you agree to abide by all the applicable laws, and to these Terms and Conditions of Use which constitute an Agreement between you and 2 Paws Up Studios, LLC. Please, read these Terms and Conditions carefully. If you do not agree with them, you should leave this website immediately. Any questions or comments regarding, or problems with, this website or mobile applications should be sent to email: info@2pawsupstudios.com.


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Gizmo 4 President! augmented reality mobile application, the Surf’s Up Gizmo! mobile application, and the Gizmo Awesome Adventures children’s book series, (the "Service") operated by 2 Paws Up Studios, LLC ("us", "we", or "our").


Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.


By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.


We reserve the right to modify or amend this Agreement without notice at anytime. It is therefore important that you read this page regularly to ensure you are updated as to any changes.


Service

The Service and its original content, features and functionality are and will remain the exclusive property of 2 Paws Up Studios, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks, trade dress, storyline, texts, characters, ancillary products, photos, logos and illustrations may not be used in connection with any product or service without the prior written consent of 2 Paws Up Studios, LLC.


Intellectual Property

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).


All materials contained in this website and mobile applications are protected by US trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this website, or our approved Licensed distributor channels offered on the Apple iOS store, Google Play store, Kindle version, and Amazon for you, or your families own use and you must keep all copyright and other proprietary notices attached to downloaded material.


The reproduction, duplication, distribution (including by the way of email, facsimile, or other electronic means), publication, modification, copying or transmission of material from this Site is strictly prohibited unless you have obtained the prior written consent of 2 Paws Up Studios, LLC unless it is expressly permitted on this website. The material covered by this prohibition includes, without limitation, any text, storylines, graphics, logos, photographs, audio or visual material or stills from audio visual material available on this website. The use of material from this website on any other website or networked computer environment is similarly prohibited.


You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this website.


Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by 2 Paws Up Studios, LLC. If 2 Paws Up Studios, LLC has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that 2 Paws Up Studios, LLC is connected with, operates, or controls these websites.


2 Paws Up Studios, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.


You acknowledge and agree that 2 Paws Up Studios, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.


You agree that any Message whatsoever submitted by you becomes the property of 2 Paws Up Studios, LLC and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, publicity performed, displayed or deleted by 2 Paws Up Studios, LLC and we accept no responsibility whatsoever in connection with or arising from such Messages. 2 Paws Up Studios, LLC does not endorse and has no control over the content of messages submitted by others to Forums, including social media channels. Messages submitted to Forums are not reviewed by 2 Paws Up Studios, LLC prior to posting and do not necessarily reflect the opinions and policies of 2 Paws Up Studios, LLC.


We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. We encourage you to talk with your children about their use of the Internet and the information they disclose to websites.


Termination

We may terminate or suspend the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.


If you wish to terminate your Service, you may simply discontinue using the Service, or uninstall the mobile application from your device (and terminate the subscription payment service if applicable).


All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Indemnification

You agree to defend, indemnify and hold harmless 2 Paws Up Studios, LLC and its licensee and licensors, and their authors, illustrators, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your mobile device, or b) a breach of these Terms.


Limitation Of Liability

In no event shall 2 Paws Up Studios, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Additionally, the information provided in the Service (including text, graphics, images, illustrations, etc.) are for general informational purposes only. All information is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availably or completeness of any information provided by the Service.


The Gizmo 4 President! augmented reality application and the Surf’s Up Gizmo! application includes the children’s book, Gizmo 4 President! This is a work of fiction. Names, characters, businesses, places, events, locales, and incidents are either products of the author’s and illustrators imagination or used in a fictitious manner. Any resemblance to actual persons, living or dead, or actual events, places is purely coincidental.


The publications and mobile applications of 2 Paws Up Studios, LLC is designed, created and sold with the understanding that the Authors, Illustrator, and the Publisher, 2 Paws Up Studios, LLC are not engaged in rendering psychological or other professional services. If expert assistance is needed or counseling is needed, the services of a competent professional should be sought.


The glossary words content is intended to be helpful and must be used for informational purposes only. It is very important to do your own analysis and research to the meanings and definitions. We encourage you to read with your child and explain to them what a glossary is, and how it can be useful. While we have made every attempt to ensure that the information contained in this app glossary has been obtained from reliable resources, 2 Paws Up Studios, LLC is not responsible for any errors or omissions, or for the results obtained from the use of this information.


The Gizmo’s Awesome Adventures children’s book series are created, illustrated, and proudly printed in the United States of America. We recognize the individual and collective responsibilites of being good stewards for our environment and our country, and in using sources for our products that are proudly made in America whenever possible. The wonderful people who print our books at Worzalla are certified FSC printers since 2008, who know that from the tree to the paper, we publish our book on paper that is responsibility sourced.


2 Paws Up Studios, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


Waiver

The use of Service may involve unanticipated risks that could result in physical or emotional injury or other damage. You understand that such potential risks simply cannot be eliminated without jeopardizing the essential qualities of the Service. 2 Paws Up Studios, LLC seeks to create a safe environment, but the Service is not infallible. Your participation and use of the Service is voluntary and you elect to participate in spite of the risks.


Under no circumstances will 2 Paws Up Studios, LLC, its subsidiaries, affiliates, and its licensors be liable for any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of this Service. You hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless and to waive any and all claims, demands or cases of action that you have or may have in the future against 2 Paws Up Studios, LLC, and to release it from any and all liability from any loss, damage or injury that you or another person may suffer relating to the use of this service.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of Florida for resolution of any dispute, action or proceeding arising in connection with this Agreement, or your use or non-use of this website Site, or mobile applications, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.


Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.


Online Shop Terms and Conditions

All orders and purchases made are subject to the Online Shopping Terms and Conditions outlined below. These Online Shopping Terms and Conditions may change from time to time without prior notice, at the descretion of 2 Paws Up Studios, LLC.


This website is owned and operated by 2 Paws Up Studios, LLC. All orders and purchases, (with the exception of authorized distributors, vendors, and Stores), made through the facilities of this website shall be subject to these Online Terms and Conditions. All transactions made through the 2 Paws Up Studios, LLC Store will appear on the credit card or account you make your purchase through. Mobile applications purchased and downloaded from the Apple iOS Store, Google Play Store, Kindle, and Amazon are responsible for collecting payment, processing credit card information directly through the vendor and authorized distributors of the mobile applications, please refer to the individual vendor, StoresTerms and Conditions for Use, and refund policies.


2 Paws Up Studios, LLC may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availablity of items.


2 Paws Up Studios, LLC will use all reasonable efforts to deliver items as quickly as possible and within the time periods indicated for our standard processing and delivery of all orders; however, 2 Paws Up Studios, LLC will not be responsible for any delays in delivery that are beyond it’s control. If goods are not available or there is a delay in delivery we will notify our customers within 7-10 business days of the delay. Once your order has been processed, your order will be shipped. All orders will have a delivery tracking number to ensure a safe delivery and are subject to the delivery company’s timing and terms and conditions.


Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by 2 Paws Up Studios, LLC on this website’s storefront, however we are not responsible for misprints, out-of-date information, techical or pricing inaccuracies, typographical or other errors appearing on this website and will do our best to limit such inaccuracies. Information and related materials are subject to change without notice, date, or may not meet your needs or requirements.


Change of mind returns: 2 Paws Up Studios, LLC does not accept change of mind returns if you change your mind.


Other returns: 2 Paws Up Studios, LLC will accept product returns and provide you with an exchange or refund where the product is faulty or damage in transit, or the product does not match the sample or our description.


If the product is damaged or does not match the description provided we will offer a replacement or full refund. If you cannot present your 2 Paws Up Studios, LLC invoice or other acceptable proof of purchase we reserve the right not to offer a full refund or exchange. We strive to package all of our products and books in protective covering to eliminate, or minimize damage in transit delivery. Please note: Your original online invoice is the best form of proof of purchase. Refunds will be issued to the original credit card or online account used for the original purchase. Mobile applications purchased through other vendors, Stores, and authorized distributors, such as the Apple iOS Store, Google Play Store, Kindle and Amazon are handled directly by the individual vendor’s terms and conditions for Use, returns, including their refund policies.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.


The Terms and Conditions were last updated on August 1, 2020.


Contact Us

If you have any questions about these Terms, please contact us via our website at www.2pawsupstudios.com, or email us at: info@2pawsupstudios.com.