Terms and Conditions of use
Subject to the terms and conditions of this Agreement, Studio71 may offer to provide certain services, as described more fully on the Site, and that have been selected by you (together with the Site, the “Services”), solely for your own use, and not for the use or benefit of any third party, unless otherwise authorized by Studio71. Services include, without limitation, use of the Site, any service Studio71 generally offers to you and the Content (as defined below) offered by Studio71 on the Site. Notwithstanding the foregoing, and if applicable, Services shall not include any services performed by Studio71 that are governed by a separate agreement entered into between you and Studio71. Studio71 may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Studio71 may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
Studio71 assumes no responsibility for any consequences or damages arising from, directly or indirectly, any action or inaction that you take based on the information, services or other material on the Site. While Studio71 strives to keep the information on the Site accurate, complete and up-to-date, Studio71 cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. The information and services offered on the Site are provided with the understanding that Studio71 is not engaged in rendering legal or other professional services or advice. Your use of the Services is subject to the additional disclaimers and caveats that may appear throughout the Site.
Subject to your compliance with the terms and conditions of this Agreement, Studio71 grants to you a non-exclusive, revocable, non-transferable license to access and use the Site and Services. You are only receiving a license to enter and use the Services strictly in accordance with the terms and conditions of this Agreement.
As a condition of your use of the Site and Services, you agree and warrant to Studio71, that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
You may download or copy the Content (and other items displayed on the Site or Services) only for the limited purpose and as explicitly permitted by Studio71 for download and only for personal non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
You may not otherwise reproduce, download, copy, modify, commercialize, distribute, transmit, display, perform, reproduce, publish, license, reverse-engineer, de-compile, disassemble, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products, services or materials obtained from the Site, including but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content”). The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by Studio71, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Studio71, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of the Site. If Studio71 issues you a password, in addition to any other terms provided by Studio71 to govern your use of your password, you must maintain the confidentiality of your password, not share it with other users, and immediately notify Studio71 if you believe your password has been compromised or is no longer confidential. You will be responsible for all activities taken under your password. Unauthorized individuals attempting to access prohibited areas of the Site may be subject to prosecution.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Studio71 will not be liable for any errors or omissions in any content. You understand that Studio71 cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Studio71 cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Studio71 be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
If you are authorizing your employees and agents to use the Services, you agree to notify and inform your employees or agents having access to the Services of all obligations regarding the Services and shall be responsible for their compliance therewith.
The Site is owned by Studio71 and is protected by U.S. copyright and other intellectual property and common laws. No reproduction, distribution, or transmission of the copyrighted materials at the Site is permitted without the written permission of Studio71.
Unless otherwise notes, all logos, marks and product and service names are trademarks and service marks owned by Studio71 and its affiliates and licensors (the “Marks”). Without the prior written permission of Studio71 and the appropriate affiliates and/or licensors, you agree not to display or use the Marks in any manner.
You acknowledge that the license granted above in no way shall be construed to provide an express or implied license to use, modify or improve any of Studio71 patents, copyrights, trade secrets and/or trademarks. Studio71 reserves all rights to the Site not expressly granted to you in this Agreement. No license, right or interest in any trademark, trade name or service mark of Studio71 or any third party is granted under this Agreement. Studio71 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any portions hereof without notice or liability to you or any third party.
YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. STUDIO71, ITS AFFILIATES AND/OR SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIALS AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL STUDIO71, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIALS AND/OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF STUDIO71, ITS AFFILIATES 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.
You agree to indemnify, defend and hold harmless Studio71, its affiliates and suppliers from any liability, loss, claim and expense (including attorneys’ fees and costs) related to or arising from your violation of this Agreement.
Links to Other Sites
Modifications to Agreement
Studio71 may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the Site shall be deemed your acceptance of the modified Agreement in effect at the time of access.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Studio71 may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your use of the Site. Studio71 may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including without limitation, ownership provisions.
You represent and warrant to Studio71 that: (i) if you are an individual (i.e., not a corporation), you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.
This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law and the venue for any disputes shall be in Los Angeles County, California. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Failure by Studio71 to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement is in addition to any other written agreements you may have entered into with, or will enter into with, Studio71.