TERMS OF SERVICE AGREEMENT
ALERT: BY VISITING, BROWSING OR OTHERWISE USING STUDIOME, LLC’S SITE AND/OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE EXIT THIS DOMAIN IMMEDIATELY AND REFRAIN FROM THE ACCESS OR USE OF OUR SITES AND SERVICES, OR THOSE SITES AND SERVICES CLOSELY RELATED TO STUDIOME, LLC. THESE TERMS OF SERVICE ARE EFFECTIVE AS OF 02/01/2016.
The following Terms of Service Agreement (the “TOS”) that shall govern the relationship with all users and others which may interact or interface with StudioME Productions LLC, (hereinafter ” StudioME “).
StudioME maintains a registered address located at 544 Miltenberger St, Pittsburgh, Pennsylvania 15219, and our subsidiaries and affiliates, in association with the use of the StudioME website, which includes www.studiome.me (the “Site”) and its Services, which shall be defined below.
1. Interpretation
1.1. Defined Terms
In these Terms:
“Buyer” means [name of corporation], a [name of state] corporation;
“Contract” means the contract for the sale and purchase of the Goods and the supply and acquisition of the Services;
“Delivery Address” means the address stated on the Order;
“Goods” means the goods (including any installment of the goods or any part of them) described in the Order;
“Order” means the Buyer’s purchase order to which these Terms are annexed;
“Price” means the price of the Goods and/or the charge for the Services;
“Seller” means the person so described in the Order;
“Services” means the services (if any) described in the Order;
“Specification” includes any plans, drawings, data or other information relating to the Goods or Services;
“Terms” means the standard terms of purchase set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Buyer and the Seller;
“Writing,” and any similar expression, includes facsimile transmission and comparable means of communication, but not electronic mail.
1.2. Statutory References
Any reference in these Terms to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.3. Headings
The headings in these Terms are for convenience only and shall not affect their interpretation
2. Basis of Purchase
(a) The Site is an e-commerce website that provides studio, workstation and equipment rental services to registered users.
(b) These Terms shall apply to any and all services provided by StudioME and/or the Site and shall be controlling as to the interpretations of any concurrent or subsequent agreement entered into by the parties herein.
2.1 User and Member Defined
(a) Any and all visitors to the Site , despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
(b) Once an individual registers on the Site, through the process of creating an account, the user shall then be considered a “member.”
(c) The user and/or member acknowledges and agrees that the Services provided and made available through the Site and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of StudioME.
- At its discretion, StudioME Productions LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.
- StudioME Productions LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member , acknowledge, accept and agree that StudioME Productions LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products.
- Any continued use of the Site or Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications,
- It is the responsibility of the User/Member to periodically review Agreement and any and all applicable terms and policies to ensure awareness of all terms and policies currently in effect. Should a User/Member not agree to the updated, modified, revised or modified terms, he/she must stop using the Site and any Services provided immediately.
(d) Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such StudioME Productions LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
(e) Indemnity – All users and/or members herein agree to insure and hold StudioME, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of StudioME Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
2.2 Registration
(a) Minimum Age-To register and become a “member” of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving StudioME’s Services under the laws and statutes of the United States or other applicable jurisdiction.
(b) Family Account-It is StudioME priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the StudioME website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.
(c) Log-In Information– After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify StudioME LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. StudioME LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
2.3 User/Member Responsibilities
(a) Duty to Furnish Correct Information-The registering party hereby acknowledges, understands and agrees to furnish factual, correct, current and complete information with regards to the user/member as may be requested by the data registration process, and maintain and promptly update registration and profile information in an effort to maintain accuracy and completeness at all times.
- Providing any information that a user/member knows or should have known to be of a false, untrue, inaccurate or incomplete nature, will result in the termination the member in violation thereof, and prohibit any and all current or future use of StudioME Services, or any portion thereof.
(b) Member Content – As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. Members are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of StudioME Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, Users/Members may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by StudioME.
- StudioME herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered, at StudioMe’s discretion offensive to other visitors, users and/or members.
(c) Member Account Information – All membership data is strictly confidential, and StudioME LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content is in violation of the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property or the personal safety of StudioME LLC, its visitors, users and members, including the general public.
(d) Prohibited Conduct – The following conduct is prohibited by Users/Members:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any StudioME officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- interfering with or disrupting any StudioME Productions LLC Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” or with the intent to otherwise harass another individual;
- collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs;
- You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services; and/or
- Any unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, for profit or for free, is expressly prohibited.
2.4 Member/User Contributions
(a) StudioME LLC provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that
- your Contributions do not contain any type of confidential or proprietary information;
- StudioME shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- StudioME shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of StudioME; and
- StudioME is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
(b) User/Member Activity with Advertisements – Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that StudioME LLC shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings with or as a result of the presence of such advertisers on our website.
2.5 Termination
(a) Voluntary Termination- As a member of www.studiome.me, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to StudioMELLC@gmail.com.
(b) Termination by StudioME Productions LLC – StudioME may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit member accounts, any email associated with said account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with your www.studiome.me account Services.
(c) Consequences of Termination – that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
3. Proprietary Rights
(a) Except for that which is expressly permitted by applicable law or as authorized by StudioME LLC or such applicable licensor, User/Members agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on StudioME Productions LLC Services (e.g. Content or Software), in whole or part.
(b) Proprietary Software – StudioME Productions LLC’s Services and any essential software that may be used in connection with our Services (“Software”) shall be deemed proprietary and confidential material that is protected by applicable intellectual property rights and other laws.
(c) Proprietary Content – any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
3.1 Claims Notice and Infringement of Proprietary and Protected Content
(a) StudioME will always respect the intellectual property of others, and we ask that all of our users to the same. If a User/Member’s work has been duplicated in such a way that would constitute copyright infringement, or if it is believed that intellectual property rights have been otherwise violated, the following information should be provided to StudioME for investigation into said infringement:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- The physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; and,
- a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
(b) Claims Agent Contact -The StudioME LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
StudioME Productions LLC
Attn: Copyright Agent
544 Miltenberger St
Pittsburgh, Pennsylvania 15219
Telephone: 412 – 404 – 2868
Email: hello@studiomeproductions.com
4. Entire Agreement
This TOS constitutes the entire agreement between the User/Member and StudioME Productions LLC and shall govern the use of our Services, superseding any prior version of this TOS with respect to StudioME Productions LLC Services. User/Members may also be subject to additional terms and conditions that may apply through use or purchase certain other StudioME Productions LLC Services, affiliate Services, third-party content or third-party software.
5. Choice of Law and Forum
It is at the mutual agreement of both User/Members and StudioME that the relationship between the parties assented to through this TOS shall be governed by the laws of the state of Pennsylvania. Any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between the User/Member and StudioME Productions LLC, shall be filed in the courts having jurisdiction within the County of Allegheny, Pennsylvania or the U.S. District Court located in said state. User/members and StudioME agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
6. Waiver and Severability of Terms
At any time, should StudioME Productions LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
7. Transferability and Survivorship of User/Member Account
User/Member accounts are non-transferable and any rights to details and/or contents within said account shall terminate upon the User/Member’s death. Upon receipt of a copy of a death certificate, said account may be terminated and all contents therein permanently deleted.
8. Statute of Limitations
Any claim or action arising out of or related to the use of our Services or the TOS must be filed within the applicable statute of limitations or shall be forever barred.
9. Reporting Violations
Please report any and all violations of this TOS or any other guidelines related to the use of StudioME’s services as follows:
Mailing Address:
StudioME Productions LLC
Attn: Copyright Agent
544 Miltenberger St
Pittsburgh, Pennsylvania 15219
ONLINE PRIVACY POLICY AGREEMENT
StudioME Productions LLC, (StudioME), is committed to keeping any and all personal information collected of those individuals that visit our website and make use of our online facilities and services accurate, confidential, secure and private. Our privacy policy has been designed and created to ensure those affiliated with StudioME Productions LLC of our commitment and realization of our obligation not only to meet but to exceed most existing privacy standards.
THEREFORE, this Privacy Policy Agreement shall apply to StudioME Productions LLC , and thus it shall govern ANY AND ALL data collection and usage thereof. Through the use of www.studiome.me you are herein consenting to the following data procedures expressed within this agreement.
Collection of Information
This website collects various types of information, such as:
(a) Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.
(b) Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
Personal Information Collection – Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.
Demographic and Meta-Data Collection StudioME Productions LLC may have the occasion to collect anonymous demographic information, such as age, gender, household income, political affiliation, race and religion at a later time. We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service. This information will not be shared with any advertising agencies or third parties not authorized to conduct business with StudioME.
It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
Use of Information Collected
StudioME Productions LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from studiomeproductions.com . StudioME may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.
Re-distribution of Data Collected-StudioME Productions LLC does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.
StudioME Productions LLC may feel it necessary, from time to time, to make contact with you on behalf of other external business partners with regards to a potential new offer which may be of interest to you. If you consent or show interest in presented offers, then, at that time, specific identifiable information, such as name, email address and/or telephone number, may be shared with the third party.
StudioME Productions LLC may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.
StudioME Productions LLC may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:
(a) Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon StudioME Productions LLC and/or our website;
(b) Maintain, safeguard and/or preserve all the rights and/or property of StudioME Productions LLC; and
(c) Perform under demanding conditions in an effort to safeguard the personal safety of users of www.studiome.me and/or the general public.
Children Under Age of 13
StudioME Productions LLC does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.
Unsubscribe or Opt-Out
All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to StudioMELLC@gmail.com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.
Links to Other Web Sites
Our website does contain links to affiliate and other websites. StudioME Productions LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.
Security
StudioME Productions LLC shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Changes to Privacy Policy Agreement
StudioME Productions LLC reserves the right to update and/or change the terms of our privacy policy, and as such we will post those change to our website homepage at www.studiome.me, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time StudioME Productions LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.
Acceptance of Terms
Through the use of this website, you are hereby accepting the terms and conditions stipulated within the aforementioned Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.
How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.
Email:
Mailing Address:
StudioME Productions LLC
544 Miltenberger St
Pittsburgh, Pennsylvania 15219