Terms of Service

STUDIONOW WEBSITE AGREEMENT – TERMS OF USE

WELCOME TO STUDIONOW! PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES. YOUR INDICATION OF ACCEPTANCE OF THESE TERMS FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND STUDIONOW REGARDING YOUR USE OF THE STUDIONOW WEBSITE.

These are the terms and conditions (“Terms of Use”) for use of the StudioNow website and services. Your indication of acceptance of these terms and conditions forms a legally binding agreement between you and StudioNow, Inc. (“StudioNow”, “we”, “us”, or “our”) regarding your use of the StudioNow Internet web site located at http://www.StudioNow.com, as well as the associated web pages, the Studio Now service and its features and functions (individually and collectively, the “StudioNow Service”). The term “StudioNow Service” also refers to StudioNow branded, equivalent, mirror, replacement, substitute or backup StudioNow websites and web pages and those web pages containing authorized StudioNow Content.

The StudioNow Service is offered and made available only to those who have reached the age of majority. If you are a minor, discontinue using the StudioNow Service immediately! By using or attempting to use the StudioNow Service, you certify that have attained the age of majority and meet all other eligibility requirements for your use of the StudioNow Service.

By clicking “I accept” you understand, acknowledge and agree that you will abide by the terms and conditions of our Agreement with you. The term “Agreement” means these Terms of Use, plus any additional terms and conditions that apply to and govern your use of Communities, Posting and Content (all as defined below), any features, functions and Service we make available to you from time to time through our StudioNow Service (e.g., our StudioNow Video Submission Service Agreement which governs your use of our Video Submission Service), any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters (“Rules”) and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term “Agreement” also includes our Privacy Statement. All of these are hereby incorporated into our Agreement with you by this reference. This Agreement will remain in full force and effect as long as you are a user of the StudioNow Service and for a period of five (5) years thereafter, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

The words “use” or “using” in this Agreement, mean any action by you, an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, by which you access or attempt to access, interact with, use, display, view, print or copy, upload or download content from the StudioNow Service. “Use” also refers to action taken by you to transmit, receive or exchange data or communicate with the StudioNow Service. “Use” also refers to any action taken by you that in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the StudioNow Service, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages, and we accept no responsibility for any such third party content, web sites or links.

REGISTRATION

There are portions of our StudioNow Service that are available to users in the general public without registering. You may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.

In order to access and use certain Service, features or functions of the StudioNow Service, such as our Communities, our Video Submission Service, and in general any interactive feature of the StudioNow Service, we require users to register. As part of the registration process, you must select and provide us with a unique user name. You must choose a password (or we may assign an initial password which we will give you the option to change). Your password must form a unique combination (a “User ID”). We require that you provide your e-mail address. We may request that you provide other information. We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain Service, features or functions of the StudioNow Service. Please read our Privacy Statement, which describes the non-public, personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store. Your User ID is personal to you. You may not allow any others to use your User ID under any circumstances. You are responsible for maintaining the confidentiality of your User ID, if any, and are fully responsible for any and all activities that occur under your User ID. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.

MODIFICATIONS

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the StudioNow Service. We may also e-mail you about these changes. Once we post changes on the StudioNow Service, these changes become effective immediately. Your use the StudioNow Service after the changes become effective signifies your agreement to be bound by the changes. Check the Service frequently and review the terms and conditions of this Agreement regularly. Remain aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. We reserve the right to change, modify, withdraw, suspend or permanently discontinue all or any portions of the StudioNow Service at any time, without any liability or obligation to you, with or without notice.

PRIVACY

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Statement for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the StudioNow Service. If you have any questions regarding StudioNow’s privacy practices, you may send your question to us through our Contact Page.

OWNERSHIP AND PROPRIETARY RIGHTS

The StudioNow Service, including all content, media and materials, all StudioNow software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the StudioNow Service, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, are the property of StudioNow and/or its Affiliates, and their Advertisers (as defined below), licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as “Content”).

Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “StudioNow Service” includes “Content” as well.

If the use of the StudioNow Service by you includes the use of StudioNow software provided by us to you, we hereby grant to you a license to use the software for the intended purpose, for example the upload of media. You agree not to reverse engineer, decompile, prepare derivative works of, or otherwise infringe or impede upon any other rights in such software, including copyright, trademark and invention rights, all of which are reserved to and owned solely by StudioNow.

StudioNow authorizes you to access Content and grants you the right to use StudioNow Service solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the StudioNow Service, including notices on any Content you download, transmit, display, print or reproduce from the StudioNow Service. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise use, any Content without the express prior written consent of StudioNow. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. Content submitted by users registered to use our Video Submission Service is subject to our StudioNow Video Submission Agreement that applies specifically to that service.

You may not use any computerized or automatic mechanism, including without limitation, any web scraper, spider or robot, to access, extract or download any Content from the StudioNow Service, unless you are expressly authorized in writing to do so by StudioNow. As an express condition of your use of the StudioNow Service, you warrant to StudioNow that you will not use the StudioNow Service for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. StudioNow makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the StudioNow Service.

We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the StudioNow Service that infringes the copyright rights of others and will disable the access to the StudioNow Service and its Service of anyone who uses them to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in Section 6 which describes our Notice and Procedure for Making Claims of Copyright Infringement.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (“marks”) on or of the StudioNow Service, including, without limitation, “StudioNow”, are the intellectual property of and proprietary to StudioNow, its Affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of StudioNow.

Any rights not expressly granted herein are reserved by StudioNow.

WEB SHARING, FORUMS AND POSTINGS

The StudioNow Service contains forum Service, web sharing features, e.g., communities, and other message and communication facilities (“Communities”) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us, and these are referred to in this Agreement as a “Post” or “Posting.”

StudioNow reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that StudioNow deems inappropriate for web sharing or for inclusion in Communities, for any reason or for no reason. Web sharing features and Communities are public and not private. You should assume your Postings will be read by others, with or without your knowledge or permission. Although a particular web sharing feature or Community may have a policy of limited membership or access, StudioNow shall have no liability if unauthorized persons nevertheless obtain access to the web sharing feature or Community. Your use web sharing features and of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any web sharing feature or Community.

You use web sharing features and the Communities solely at your own risk. StudioNow neither endorses nor controls user Postings available, delivered or displayed in the Communities. StudioNow assumes no duty to monitor or endorse Postings within the Communities, nor does StudioNow represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement. You should never rely upon any Posting as being true, accurate or reliable.

You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not us or our StudioNow Service, are entirely responsible for the consequences of all your Postings through web sharing features and on the Communities or otherwise on the StudioNow Service. Postings do not reflect the views of StudioNow or any Affiliates. In no event shall StudioNow or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use web sharing features, the Communities and the StudioNow Service; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on StudioNow and/or the Communities.

If a Posting originates from you or your User ID, you hereby agree that:

(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the StudioNow Service and Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting StudioNow and Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;

(b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to StudioNow, any Affiliates or any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;

(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant StudioNow and Affiliates the right to use such Posting as described above; and

(d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).

The amount of storage space on the StudioNow Service per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS

If you believe the StudioNow Service contains elements that infringe your copyrights in your work, please send us a message about it through our Contact Page and read the Notice and Procedure for Making Claims of Copyright Infringement at the end of this document.

If you believe that any Content on the StudioNow Service (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please send us a message about it through our Contact Page. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the Service or obtain goods and Service of or from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of or in connection with your use of the StudioNow Service. Your communication, interaction and participation is strictly and solely at your discretion. We shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or Service you may purchase or obtain from any Advertiser).

RULES OF CONDUCT

Your use of the StudioNow Service is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. You shall not use, allow, or enable others to use the StudioNow Service, or knowingly condone use of the StudioNow Service by others, in any manner that is, attempts to, or is likely to:

be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

affect us adversely or reflect negatively on us, the StudioNow Service, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the StudioNow Service, or from advertising, linking or becoming a supplier to us in connection with the StudioNow Service;

send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;

be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or Service, whether or not for financial or any other form of compensation or through linking with any other website or web pages;

transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;

forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;

violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;

further or promote any criminal activity or enterprise or provide instructional information about illegal activities;

impersonate any person or entity, or falsely state or otherwise misrepresent your credentials or your affiliation with a person or entity;

solicit personal information from anyone under the age of 18;

advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service;

gain unauthorized access to the StudioNow Service, other users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to the StudioNow Service or to use the StudioNow Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement;

modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the StudioNow Service or the rights or use and enjoyment of the StudioNow Service by any other person, firm or enterprise; or

collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the StudioNow Service, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

StudioNow reserves the right to decline any submission deemed by StudioNow, in its sole discretion, to be a violation of StudioNow rules of conduct. Studio now may decline to accept your submission if StudioNow deems, in its sole discretion, your submission contains adult content.

PROMOTIONS

From time to time, StudioNow, the Affiliates’, or the StudioNow Service’s service providers, suppliers, and Advertisers may conduct promotions on or through the StudioNow Service, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have additional Rules which will be posted or otherwise made available to you. For purposes of each Promotion in which you elect to participate, the additional Rules will be deemed incorporated into and form a part of this Agreement; provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for that Promotion.

HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the StudioNow Service or any other form of link or re-direction of your connection to, with or through the StudioNow Service, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of StudioNow, its Affiliates or any of its or their respective officers, directors, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Statement), or any goods or Service associated with or obtained in connection with any such site, whether StudioNow’s or any Affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that StudioNow is not liable for any loss or claim that you may have against any such third party. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Statement, which describes how StudioNow collects and uses your Personal Information and co-branding relationships.

TERMINATION OF YOUR REGISTRATION

You may terminate your registration and User ID, at any time and for any reason, by requesting a termination through our Contact Page with your username, password, and e-mail address and requesting termination of your registration. We may terminate your use of and registration on the StudioNow Service, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

DISCLAIMER AND LIMITATIONS OF LIABILITY

YOUR USE OF THE STUDIONOW SERVICE IS AT YOUR SOLE RISK. THE STUDIONOW SERVICE AND ALL SERVICE, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, STUDIONOW MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THE STUDIONOW SERVICE OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICE, PRODUCTS, FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the StudioNow Service. You acknowledge and agree that you are assuming the entire risk of using the StudioNow Service and the Service, features and functions of and/or associated with the StudioNow Service.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER STUDIONOW, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE STUDIONOW SERVICE OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have StudioNow, upon written notice from you, attempt to repair, correct or replace any deficient goods or Service under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the Service and/or Products involved and to terminate and discontinue your registration and use of the StudioNow Service. You further understand and acknowledge the capacity of the StudioNow Service, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some Service, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that StudioNow assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the StudioNow Service for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend and hold StudioNow, its Affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your use of the StudioNow Service, your connection to the StudioNow Service, your violation of any rights of another, any breach or violation of this Agreement by you, or resulting directly or indirectly from your Postings or any Content you provide, submit or make available on or through the StudioNow Service or your unauthorized use of any Content.

StudioNow reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with StudioNow in the defense of any such claim, action, settlement or compromise negotiations, as requested by StudioNow.

LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS

This Agreement, including, without limitation, our Privacy Statement, any Rules and any additional terms and conditions that apply to your use of any specific Service, features and functions or the purchase of any Products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and agreement between you and StudioNow and supersedes any and all prior, inconsistent or other understandings relating to the StudioNow Service and your use of the StudioNow Service. This Agreement cannot be modified, changed or terminated, except as specifically described above under the heading “Modifications”.

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the StudioNow Service, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of the StudioNow Service shall be governed by, construed and enforced in accordance with the substantive laws of the State of Tennessee applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in Davidson County in the State of Tennessee and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that StudioNow has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE STUDIONOW SERVICE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright (c) 2006-2016 StudioNow, Inc. – All Rights Reserved.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the StudioNow Service should be sent ONLY to our Designated Agent.

NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): StudioNow, Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement: David Mason

Full Address of Designated Agent to Which Notification Should be Sent:

4017 Hillsboro Pike, Suite 418. Nashville, TN. 37215

Telephone Number of Designated Agent: (866) 423-2510

E-mail Address of Designated Agent: legal@studionow.com

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:

(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;

(2) Identification of the copyrighted work (or works) that you claim has been infringed;

(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);

(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;

(5) Your name, address, telephone number, and e-mail address;

(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

This Terms of Use Agreement was last modified on October __, 2016 and is effective immediately.

Displayed on Thu, Feb 26, 2015 15:15:49 UTC