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:
1. Defame, abuse, harass, stalk, threaten, or otherwise violate the
legal rights (such as rights of
privacy and publicity) of others.
2. Publish, post, distribute, or disseminate any defamatory,
infringing, obscene, indecent, or
unlawful material or information.
3. Upload files that contain software or other material protected by
intellectual property laws (or
by rights of privacy of publicity) unless you own or control the rights
thereto or have received
all necessary consents.
4. Upload files that contain viruses, corrupted files, or any other
similar software or programs that
may damage the operation of another’s computer.
5. Delete any author attributions, legal notices, or proprietary
designations or labels in any file that
is uploaded.
6. Falsify the origin or source of software or other material
contained in a file that is uploaded.
7. Advertise or offer to sell any goods or services, or conduct or
forward surveys, contests, or
chain letters.
8. Download any file posted by another user of a Forum that you know,
or reasonably should
know, cannot be legally distributed in such manner.
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 Mail
DMCA Notice of Infringement
Studio One Networks Inc.
588 Broadway, 4th Floor
New York, NY 10012
E-mail
Info@studioonenetworks.com
Fax
212-941-0575
Your notice of alleged copyright infringement should include the
following:
1. Please describe how your copyrighted work or other intellectual
property has been infringed.
2. Please describe where the infringing material is located on the
Program.
3. Your contact information where we can contact you and, if different,
an e-mail address where the alleged infringing party can contact you.
4. Please state that you believe that the use of the material is not
authorized by the copyright or other intellectual property rights owner,
by its agent, or by law.
5. A statement, under penalty of perjury, that the information in the
notification is correct and that you are authorized to act on behalf of
the owner of the exclusive right that is alleged to be infringed.
6. Your electronic or physical signature.
If 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 Notification
You may file a counter notification that contains the following details
if your material has been taken down:
1. The proof of the material that has been removed or to which access
has been disabled and the location at which the material appeared before
it was removed or disabled.
2. A statement, under penalty of perjury, that you have a good-faith
belief that the material was removed or disabled as a result of mistake
or misidentification of the material in question.
3. Your contact information.
4. A statement that you consent to the jurisdiction of the federal
district court for judicial district in which your address is located,
or if your address is outside of the USA, for any judicial district in
which Studio One may be found and that you will accept service of
process from the person who submitted a notice.
Please 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.