These terms and conditions were last updated October 14, 2011
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Studio One Networks, Inc. ("Studio One", "SON", "we", "us" or "our") operates this website ("Website") to provide online access to information about Studio One and the products, services, and opportunities we provide (the "Service"). By accessing and using this Website, you (“you”) agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Website or to particular content, products, services or transactions may also be posted in particular areas of this Website or communicated to you separately and, together with these Terms of Use, govern your use of those areas, content, products, services or transactions. These Terms of Use, together with applicable additional terms and conditions, constitute our agreement with you in relation to the relevant areas, content, products, services or transactions ("Agreement"). You represent and warrant that you are over 18 years of age and have full authority, power and capacity to meet your obligations under these Terms of Use and any Agreement. In addition, you agree to comply with all applicable laws, rules and regulations governing your access to and use of the Website. If you do not agree to these Terms of Use, you are not permitted to access, browse or use this Website.
Please return to this section of the Website and review these Terms of Use from time to time, as they may be amended without notice to you. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Website. The date when these Terms of Use were last updated is stated above. Your continued use of the Website after any such date constitutes your acceptance of these Terms of Use as modified.
PRIVACY
Studio One is extremely sensitive over the privacy concerns of its Website visitors and observes applicable legal requirements on it in relation to use of individual personal information. As a general policy, unless a visitor decides to voluntarity submit his or her personal information, no personal information is automatically collected from visitors to this Website. However, certain non-personal information of visitors is recorded by the standard operation of common website analytics tools (e.g. Google Analytics, Webtrends). This information is primarily used to provide an enhanced online experience for the visitor. Other use of this collected information may include internal review of the number of visitors to this Website but such information is used only in an aggregate and non-personally-identifiable form. By using this Website you are considered to have consented to us collecting such non-personally-identifiable information in this manner.
Email addresses and other personally identifiable information ("PII") about visitors to this Website only become known to Studio One when voluntarily submitted by Website users registering with us or signing up to receive information, products or services.
Studio One may use PII provided by you through this Website for the following purposes:
- In order to send email alerts and other communications where you sign-up to receive these;
- Where you disclose any PII in a Submission (as defined in the section headed ‘Submissions’ below);
- In connection with your purchase of any products and services available on the Website from time to time and to process any associated payments (including payment card details). Where necessary, Studio One may provide certain information to external parties for the purpose of order fufilment and after sales service or in connection with credit scoring or fraud detection;
- We may have to pass your PII to third parties if we are under a legal obligation to do so, such by order of a court, law enforcement agency or governmental authority;
- Other purposes as described at the time such PII is submitted or collected.
We endeavor to keep all PII that we hold secure, accurate and up-to-date. If you are concerned that PII that we hold about you is not accurate or you no longer wish to receive marketing communications from us, please let us know in writing at the email address posted on this Website. Without prejudice to any of your mandatory legal rights under applicable law, we will investigate your concerns and if necessary will make the required corrections, additions and/or deletions.
Any other third party sites linked to from this Website are not controlled by Studio One and may have different privacy policies and practices. You must carefully review these other websites' privacy policies in order to determine how each site may use any PII you provide.
LICENSE AND OWNERSHIP
This Website is owned and operated by Studio One and, in the case of certain features and content, its affiliates, licensors and/or third party service providers, and unless otherwise indicated, all the content appearing on the Website (collectively, "Content") is the property of Studio One and/or its affiliates, licensors and/or third party service providers and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. Studio One reserves all rights not explicitly granted in these Terms of Use.
All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing on the Website are the property of Studio One and/or its affiliates, licensors, and/or third party service providers. You are licensed to access, view and and copy such Content and Marks for your own personal, non-commercial use only but otherwise may not make any use of, reproduce or publish any Content or Marks without the prior express authorization of Studio One and any applicable third party licensor.
Studio One may terminate your rights of access to this Website and your license to use any Content or Marks at any time at its reasonable discretion.
You may not use any device, software, code or routine to interfere or attempt to interfere with the proper working of the Website and you must not take any action that imposes an unreasonable or disproportionately large load on Studio One’s network or infrastructure or is likely to interfere with the operation of this Website.
YOUR CONDUCT
In using or accessing this Website or any features on it (including in making any Submissions, as referred to below) you agree:
- not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
- not to disrupt or interfere with any other user's enjoyment of the Website;
- not to upload, post or otherwise transmit through or on the Website any viruses or other harmful, disruptive or destructive files or code;
- not to use links or frames or utilize other techniques to enclose any Studio One Marks or reproduce or republish Content or other proprietary information (including the images and information available through the Website, the content of any text or the layout/design of any page) without Studio One's express written consent;
- not to use meta tags or any other "hidden text" utilizing a Studio One Mark, trademark or product name without Studio One's express direct authorization;
- not to attempt to obtain unauthorized access to the Website or portions of the Website that are intended to be closed to you or restricted from general access;
- not to knowingly or recklessly submit to us any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, to impersonate others or otherwise in violation of any applicable law; and
- not to use our Website or its Contents for promotional purposes or for the sending of commercial messages to other users.
You agree to immediately notify us if you suspect any criminal, fraudulent or abusive activity on this Website, or any activity in violation of these Terms of Use. If you so notify us, or we otherwise suspect criminal, fraudulent or abusive activity, you agree to cooperate with us in any investigation and to follow any corresponding advice or guidance we reasonably prescribe.
SUBMISSIONS
By transmitting or submitting any email messages, posts, suggestions, ideas or concepts (each, a "Submission"), whether unsolicited or solicited, to us through the Website or in any other media, you are granting Studio One a royalty-free, fully paid, nonexclusive, perpetual, unrestricted, worldwide license to copy, publish, transmit, perform, display, create derivative works from and otherwise use the Submission(s) for any purpose, including, but not limited to, advertising and promotional purposes, in any media, now or hereafter known.
No credit or compensation is due to you for such use of your Submission and to the fullest extent legally permissible, by making such a Submission you are deemed to waive any rights (including ‘moral rights’ or similar rights) you may have in respect of such attribution or any right to object to our use as described in these Terms of Use. Studio One also has the right, but not the obligation, to use your name and any image, likeness, city/state of residence or other personal information provided by you in connection with a Submission including for the purposes of broadcast, print, online or other use or publication in such medium or form as we reasonably and lawfully determine. All Submissions become the unrestricted licensed property of Studio One and may be edited for use as described above at our discretion. Please note that that any such Submission may be subject to additional terms, conditions and restrictions that will be provided to you at the time of such Submission.
You warrant and represent that you own or otherwise control any and all rights in and to the Submission(s), that such Submission(s) will be lawful and provided in accordance with these Terms of Use, and that the re-use of the Submissions by Studio One as described above will not infringe or violate the rights of any third party in any manner.
LINKS AND THIRD PARTIES
Links on the Website to third party websites (including, without limitation, sponsors, advertisers, and other commercial partners) that you encounter via the Website are solely provided as a convenience to you without any specific recommendation. If you use these links, you will leave the Website. You agree that Studio One will not be responsible or liable for any problem, loss or damage of any sort incurred as a result of any dealings between you and any such third parties. In addition, you acknowledge that Studio One does not endorse, verify, or make any representations regarding any third party websites, advertisements, products or services. It is your sole responsibility to research and verify the legitimacy of such third party and content linked to the Website.
CHANGES TO WEBSITE
Studio One may add to, change, discontinue, remove or suspend all or any Content on the Website at any time, without notice.
SUSPENSION OR TERMINATION
Studio One reserves the right, without notice and at its sole discretion, to suspend or terminate your Agreement and/or your ability to access or use the Website, and to block or prevent future access to and use of the Website for any reason, including your breach of these Terms of Use or other conduct by you that Studio One considers inappropriate. Studio One reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms of Use, you agree that Studio One shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website (or any portion thereof).
DISCLAIMER
THE WEBSITE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, CONTENT), IS PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STUDIO ONE MAKES NO WARRANTY: (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICE; (E) THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS YOU MAKE OR DATA YOU SUBMIT TO OUR WEBSITE WILL BE SECURE.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE RESULTS AND PERFORMANCE THEREOF.
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL STUDIO ONE AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE "STUDIO ONE PARTIES") BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED FROM OR IN CONNECTION WITH THE WEBSITE; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A STUDIO ONE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.
TO THE FULLEST EXTENT LEGALLY PERMITTED, STUDIO ONE'S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE WEBSITE OR IN CONNECTION WITH THE PURCHASE OF ANY PRODUCTS AND SERVICES THE PRICE PAID FOR THOSE PRODUCTS AND SERVICES. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.
WHERE YOUR USE OF THIS WEBSITE OR PURCHASE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE IS GOVERNED BY MANDATORY APPLICABLE LAW THAT PROHIBITS THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, DAMAGES AND OTHER PROVISIONS IN THESE TERMS OF USE, THEN TO THE EXTENT THAT SUCH MANDATORY LEGAL PROHIBTION APPLIES, THE PROHIBITED DISCLAIMERS, EXCLUSIONS, LIMITATIONS OR OTHER PROVISIONS WILL NOT APPLY TO YOU. IN SUCH JURISDICTIONS, STUDIO ONE'S LIABILITY WILL BE LIMITED TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
In using the Website, you agree to indemnify, defend and hold harmless the Studio One Parties from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any applicable law, rule or regulation; (2) your unlawful or improper use of the Website, including, without limitation, any Content available on the Website; (3) loss of any of your data or account information; and (4) any Submissions made by you. You will cooperate as fully and reasonably as required by Studio One in the defense of any claim. To the maximum extent legally permitted, Studio One reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Studio One.
INTERNATIONAL USERS
This Website and its Content are, except where stated otherwise, intended for users based in the United States and Studio One makes no representation that the Website and Content are appropriate or available for use at locations outside of the United States and access to them from territories where they may be deemed illegal is prohibited. If you access this Website from a location outside of the United States, you are responsible for compliance with all local laws and regulations.
MISCELLANEOUS
These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of New York within the United States of America without giving effect to any principles of conflicts of law. Any dispute arising from these Terms of Use, Agreement or the Website shall be resolved in the state or federal courts residing in New York, New York and to the maximum extent legally permitted you irrevocably agree to the jurisdiction of such courts. The Terms of Use constitute the entire agreement between Studio One and you with respect to your use of the Website. Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Nothing in these Terms of Use will be construed as creating a joint venture, partnership, employment or agency relationship between you and Studio One, and you do not have any authority to create any obligation or make any representation on Studio One´s behalf. You may not assign your rights under these Terms of Use by operation of law or otherwise, without Studio One´s written consent.
CONTACT US
If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us using the email address posted on the Website.
