Terms of Use
Studio One Networks Inc. (“Studio One”) operates this online program (the “Program”) to provide online access to information about the content, services, and opportunities we provide (the “Service”). By accessing and using this Program, 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 Program or to particular content or transactions may also be posted in particular areas of the Program and, together with these Terms of Use, govern your use of those areas, content or transactions. Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”
Studio One reserves the right to modify this Agreement at any time without prior notice. Your use of the Program following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
1. Use of Program
You may use the Service, the Program, and the information, writings, images and/or other works that you see, hear, or otherwise experience on the Program (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Studio One and/or its sponsor’s products and services. No right, title or interest in any content is transferred to you, whether as a result of downloading such Content or otherwise. Studio One reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Program or the Service, except as expressly permitted by the Terms of Use.
2. Copyright
You should assume that everything you see or read on the Program is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Program without the written permission of Studio One. Studio One neither warrants nor represents that your use of materials displayed on the Program will not infringe rights of third parties not owned by or affiliated with Studio One.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Program without permission from the trademark owner, except as permitted by applicable law.
4. Links to Third-Party Web Programs
Links on the Program to third-party Web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Program. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Studio One of the third party, the third-party Web site, or the information contained therein. Studio One is not responsible for the availability of any such Web sites. Studio One is not responsible or liable for any such Web site or the content thereon. If you use the links to the Web sites of Studio One affiliates or service providers, you will leave the Program and will be subject to the terms of use and privacy policy applicable to those Web sites.
5. Linking to This Program
Unless specifically authorized by Studio One, you may not connect “deep links” to the Program (i.e., create links to this Program that bypass the home page or other parts of the Program). You may not mirror or frame the home page or any other pages of this Program on any other Web site or Web page without Studio One’s authorization. To obtain Studio One’s authorization or request more information, please contact Studio One at partnerships@studionenetworks.com.
6. Downloading Files
Studio One cannot and does not guarantee or warrant that files available for downloading through the Program will be free of infection by software viruses or other harmful computer code, files, or programs.
7. Software
Any software available for download via the Program is the copyrighted work of Studio One and/or its licensors. Use of such software is governed by the terms of the end-user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end-user license agreement.
8. Sweepstakes and Contests
From time to time, the Program may offer you the ability to enter sweepstakes and contests. These promotions are governed by an additional set of rules.
9. Disclaimer of Warranties
STUDIO ONE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE PROGRAM, THE SERVICE, OR THE CONTENT. STUDIO ONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND -- EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE PROGRAM, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE PROGRAM. STUDIO ONE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE PROGRAM OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAM OR THE SERVICE WILL BE CORRECTED. STUDIO ONE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE PROGRAM, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
10. Limitation of Liability
IN NO EVENT WILL STUDIO ONE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE PROGRAM, THE SERVICE, OR THE CONTENT; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE PROGRAM; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE PROGRAM, THE SERVICE AND/OR THE CONTENT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE PROGRAM, THE SERVICE, OR THE CONTENT, EVEN IF STUDIO ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE PROGRAM, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM.
11. Indemnification
You understand and agree that you are personally responsible for your behavior on the Program. You agree to indemnify, defend, and hold harmless Studio One, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Program, the Service, or the Content, or any violation by you of this Agreement.
12. Use of Bulletin Board, Chat Room, and Other Communication Forums
If this Program contains bulletin boards, chat rooms, or other message or communication facilities (collectively “Forums”), you agree to use them only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by Studio One, and such communications shall not be considered reviewed, screened, or approved by Studio One. Studio One reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. Studio One reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.
13. Privacy
Click here to see the Program’s privacy policy.
14. User Conduct
You agree to use the Program only for lawful purposes. You agree not to take any action that might compromise the security of the Program, render the Program inaccessible to others or otherwise cause damage to the Program or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Program in any manner that might interfere with the rights of third parties.
15. User-Supplied Information
Studio One does not want to receive confidential or proprietary information from you via the Program. You agree that any material, information, or data you transmit to us or post to the Program (each a “Submission” or collectively “Submissions”) will be considered non-confidential and non-proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Studio One the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display, and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
16. Password Security
If you register to become a member of the Program, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
17. General Provisions
Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Studio One of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Studio One therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Studio One does not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Enforcement / Choice of Law / Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Studio One’s privacy policy, your use of the Program, any other Studio One Web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the state of New York, without regard to any conflict of laws provisions.
18. DMCA Copyright Notice / Claims of Copyright Infringement
Studio One is committed to complying with U.S. copyright laws, such as DMCA and other applicable laws, and requires all of its users to comply with these laws. As part of our response, we may remove or disable access to material residing on a Program that is controlled or operated by Studio One that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Before serving either a notice of infringing material or a counter notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws.
If you believe your copyright material is being used on this Web site without permission, please notify the designated agent at:
Physical MailIf you are sending this notice via e-mail, please make sure to notify us clearly, such as by labeling your e-mail message with the subject “DMCA Notice of Infringement.” If you are sending us fax notice, please clearly write down “DMCA Notice of Infringement” on your cover sheet. We are committed not to infringe anyone else’s copyright materials. But if you haven’t heard back from us for over a week, your notice may have failed to be delivered to us. Please contact us again.
Counter NotificationPlease be advised that under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Studio One, the alleged infringer, and/or the affected copyright owner for any damages incurred in connection with the removal, blocking, and/or replacement of allegedly infringing material.
Terms of Use Last Revised: Dec. 1, 2009.