Effective April 15, 2011, Last Updated October 17, 2012
The Company reserves the right to change, add, or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately upon posting to the Site, and the continued use of the Service by you after any changes have been made shall constitute your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted on the Site.
Some features of the Service are only available to users who have registered for an account with the Company (each a “Member”). The Service is intended solely for users located in the United States who are 13 years of age or older. If you are not located in the United States or if you are under the age of 13, you are not permitted to use the Service. Any registration by, use of the Service, or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement.
You may not register for more than one personal Member Account. You may not register for a Member Account on behalf of an individual other than yourself, or register for a Member Account on behalf of any group or entity, unless you are the authorized representative of the individual, group or entity you are registering on behalf of (“Authorized Representative”). If you are an Authorized Representative, you represent that you have full authority to act on such individual, group or entity’s behalf, provided, that nothing herein will release the individual, group or entity from any obligation or liability hereunder, and StudioVox may look to your and to such individual, group or entity for performance of all obligations under this Agreement. StudioVox may request written authorization at any time for any reason, and failure to produce such written authorization may result in the termination of the Member Account. All terms of this Agreement applicable to Members are applicable to an Authorized Representative.
You understand and acknowledge that you have no ownership rights in your Member Account, and that if you cancel your Member Account or if your Member Account is deactivated for any reason, you may lose all your account information retained by the Service, including but not limited to Member Account profiles, which will be marked as deactivated and may be deleted from our databases. UPON CANCELLATION YOU WILL LOSE ALL PRIVILEGES OF BEING A MEMBER.
Certain features of the Site can be accessed only by participating in subscription plans offered through the Service to which you may subscribe in exchange for a flat or periodic fee (a “Subscription”). Members can either be “Creative Professionals”, “Agents” or “Audience Members”. In order to take advantage of the premium features offered to Creative Professionals and Agents, you must pay for a Subscription. You are not required to pay any Subscription to use the Site as an Audience Member. StudioVox reserves the right to modify, add and remove the premium features that are available through the Service and/or which premium features are associated with each Subscription plan, and to develop and provide new plans and/or feature offerings that are not currently available.
Ecommerce Fees and Services. Setting up an ecommerce store on StudioVox is one of the Subscription features available for Members. To sell items on StudioVox, you must provide and maintain valid financial account information such as a credit card or a valid PayPal account. Upon sale of any item you list for sale, StudioVox will collect from the buyer the full sale price plus shipping and handling costs (the “Gross Payment”). StudioVox charges a percentage of the sale price (the “Percentage Fee”) when the item sells. Each time you list an item you have an opportunity to review and accept the Percentage Fee and any other fees that you will be charged. As of the effective date of this Agreement, our Percentage Fee is five percent (5%) of the total sale price (exclusive of the shipping costs charged) of each item sold through the Site, which Percentage Fee covers all of StudioVox’s costs and fees for credit card and payment processing. StudioVox will deduct its Percentage Fee from the Gross Payment collected from the buyer, and StudioVox will remit to you, within a commercially reasonable amount of time, the Gross Payment minus the Percentage Fee. StudioVox may change the Percentage Fee it charges at any time and may also add or subtract other fees at any time, including temporarily for promotional events. All fees will be clearly disclosed to you when you list an item, and it is your responsibility to verify the fees at the time you list an item for sale.
StudioVox acts as a venue to allow users who comply with StudioVox’s policies to offer, sell and buy certain works of art, music and handmade goods within a fixed-price format. StudioVox is not directly involved in the transaction between buyers and sellers. As a result, StudioVox has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. StudioVox does not pre-screen users or the content or information provided by users. StudioVox cannot ensure that a buyer or seller will actually complete a transaction. Consequently, StudioVox does not transfer legal ownership of items from the seller to the buyer, and StudioVox expressly disclaims any warranty regarding the items listed for sale, the users, or the content or information provided by users.
StudioVox cannot guarantee the true identity, age, or nationality of a user. StudioVox encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that StudioVox is a venue for users to offer, sell and buy and, as such, StudioVox is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on StudioVox. Only Members who comply with the applicable Subscription policies in Section 4 above may offer or sell products through a StudioVox ecommerce Site.
The Site provides a venue for individuals to network for artistic and creative purposes and the Company does not screen or censor the Member Accounts or User Content (defined below) posted on the Site. The Company is not involved in the actual communications between users, and as a result we have no control over the accuracy, reliability, completeness, or timeliness of the User Content posted on the Site or through the Service. The Company makes no representations about any User Content on the Site.
You understand that by visiting the Site or using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree that you are visiting the Site or using the Service at your sole risk and that the Company and its licensors shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Any descriptions of content that may be viewed or otherwise made available through the Service are provided for convenience, and you acknowledge and agree that the Company does not guarantee the accuracy of such descriptions.
You are solely responsible for the materials, including but not limited to all content posted on a Member Profile, forums, blogs or group chats, or to any other portion of the Site, including but not limited to articles, photos, messages, notes, text, information, music, video, advertisements, links to other content listings, and other content that you upload, publish, display, or post on the Site or through the Service, or transmit to or share with other users (collectively the "User Content"). By posting User Content, or materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you, you represent, warrant, and agree that (i) you have the right to make such content available; (ii) it will not violate or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity, attorney-client privilege, or other personal or proprietary rights; (iii) you have fully complied with any third-party licenses relating to User Content; and (iv) it will not otherwise violate this Agreement (including but not limited to Section 13 Prohibited Content & Activities, below). You or the owner of the User Content retain ownership of all right, title and interest in User Content that you post on the Site or otherwise make available through the Service. However, by submitting or posting User Content, you grant the Company, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, royalty-free, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, compile, and promote the content in any medium. When you post User Content on the Site or otherwise make it available through the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content within the Service. When you post User Content in any public area of the Site, you also permit any user to access, display, view, store, and reproduce such User Content for their personal use. STUDIOVOX IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY STUDIOVOX COMMUNITY FORUMS SUCH AS THE STUDIOVOX BLOG, GROUPS OR ANSWERS.
The Company is not obligated to monitor or exercise any editorial control over User Content, but reserves the right to do so. StudioVox reserves the right to determine in its sole and absolute discretion if User Content is appropriate for the Site, and may remove any User Content from the Site at any time for any reason or for no reason. In the event that the Company becomes aware that any such material may violate this Agreement and/or expose the Company to civil or criminal liability, we reserve the right to block access to such material and suspend or terminate any user creating, storing or disseminating such material. We further reserve the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that the Company deems responsible for the wrongdoing. You assume all risks related to dealing with other users with whom you come in contact through the Site or the Service (whether online or offline).
Users of the StudioVox "Job Board" portion of the Site may not post any illegal content or any postings that point to spec work contests or other opportunities that solicit customized, unpaid creative work from creative professionals. If StudioVox is made aware of any such posts, they may be removed and no refunds will be made to the user who posts such notifications in the “Job Board” service. Notwithstanding the foregoing, StudioVox does not normally pre-screen or review any posts to the “Job Board” service. StudioVox does not control the authenticity, quality, legality, or safety of any posting to the “Job Board” or of any user posting to the “Job Board.” StudioVox is not involved in any transaction with regard to any jobs or potential jobs and therefore disclaims any and all liability for any transaction attempted or completed through the “Job Board.”
Content, products, and services that are part of any third party applications and/or websites to which we may connect (including but not limited to, social networking sites, sites on which you can view content and from which you can make purchases, or record a geographic location that you find yourself in) are subject to the terms and conditions of the relevant application and/or website. The Company and its licensors make no representations or warranties regarding the accuracy or reliability of such third party content.
You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of third party websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to third party websites or resources do not imply any endorsement by StudioVox of such websites or resources or the content, products, or services available from such websites or resources. Additionally, links to third party websites or resources do not imply any endorsement of StudioVox by such third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Links to third party sites may contain content and graphics that may be offensive, including but not limited to sexually explicit material unsuitable for minors. If you enter these linked sites, you assert that you are of legal age in your age in your jurisdiction to view such materials and that the viewing, reading, and/or downloading of content from these linked sites does not violate the community standards of your locality, city, town, county, state, province, country or other community to which you belong, and/or from which access these links to third party sites.
Permission must be granted by us for any type of link to StudioVox. We reserve the right, however, to deny permission to link to StudioVox or rescind any permission previously granted by us to link through any type of link, and to require termination of any such link to the Site, at our discretion at any time.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. StudioVox shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
StudioVox reserves the right to change, suspend, remove, or disable access to the Site and the Service or any feature thereof, including Member Profiles, at any time without notice.
In no event will StudioVox be liable for any removal or disabling of access to any portion of the Service, including but not limited to any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, user communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service, including without limitation any mobile client software.
You acknowledge and agree that StudioVox (and in certain instances its licensors) owns all legal right, title and interest in the Site and the Service. The contents of the Site, whether partial or otherwise, such as text, graphics, images, logos, button icons, software (including the structure, organization and code of such software), and other StudioVox content (collectively, "Site Content"), are protected under both United States and foreign copyright, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of the Company and is protected by United States and foreign copyright, trademark, and other intellectual property laws.
You must retain all copyright, trademark, service mark and other proprietary notices contained in the Site Content on any authorized copy you make of the Site Content. You agree not to sell or modify the Site Content, or reproduce, display, publicly perform, distribute, or otherwise use the Site Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Site. You further agree not to use the Site Content in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company or its licensors, that dilutes the strength of the Company’s or its licensors’ property, or that otherwise infringes the intellectual property rights of the Company, its users, or its licensors in any way. Any code that the Company creates to generate or display any Site Content or the pages making up any portion of the Site or the Service is also protected by the Company’s copyright and you may not copy or adapt such code.
Subject to the terms and provisions of this Agreement, and so long as you fully comply at all times with this Agreement, StudioVox grants you a non-exclusive and limited license to use the Service on the terms and conditions set forth in this Agreement. In exercising your limited rights hereunder, you shall comply at all times with all applicable laws, regulations, ordinances, and statutes. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Site or the Service and all rights not expressly granted are reserved by StudioVox and its licensors.
Members may decide to arrange and attend online virtual meetings or in-person meetings with one or more individuals. StudioVox is not involved with user-generated groups, the groups' requirements, or any related meetings. StudioVox does not supervise or control any user-initiated meetings, whether online or offline, or the interactions among and between users and other persons or companies. Additional eligibility requirements for a particular group or meeting may be set by the group's contact person.
You assume all risks associated with dealing with other users with whom you come in contact through the Site or the Service (whether online or offline). Members are solely responsible for interactions with others. Members understand that STUDIOVOX DOES NOT IN ANY WAY SCREEN ITS USERS. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Some user-generated groups on StudioVox may require or request that Members pay fees in order to be a member of the group, participate in a promotion, or participate in such group’s meetings. StudioVox is not involved in these transactions, the payments or their processing. Any such payments or fees are separate from any fees or charges assessed by StudioVox, and StudioVox has no control over such proceeds, user-generated groups, promotions, or meetings. YOU ACKNOWLEDGE AND AGREE THAT STUDIOVOX IS NOT A PARTY TO ANY SUCH TRANSACTION, IS NOT INVOLVED IN ANY PAYMENT, AND IS NOT RESPONSIBLE FOR ANY INTERACTION BETWEEN OR AMONG USER-GENERATED GROUPS, STUDIOVOX USERS AND/OR THIRD PARTIES, AND THAT YOU BEAR ALL RISK IN CONNECTION WITH ANY SUCH THIRD PARTY TRANSACTIONS.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please follow the procedures designated in the StudioVox Copyright Policy.
The Company is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Site or the Service.
The Company may terminate your Member Account and/or otherwise prohibit you from using or accessing the Service, for any reason, or no reason, at any time in its sole discretion, with or without notice. This Agreement will automatically terminate if you fail to comply with the terms of this Agreement or if you attempt to assign this Agreement to a third party except as expressly permitted in this Agreement. StudioVox may take any technical remedies to prevent any materials prepared in violation of this Agreement from entering, utilizing, or remaining within StudioVox’s computer or communications networks. StudioVox may take such further action as StudioVox determines to be appropriate under the circumstances to eliminate or preclude repeat violations. StudioVox shall not be liable for any damages of any nature suffered by you, or any third party resulting in whole or in part from StudioVox’s exercise of its rights under this Agreement.
THE SITE, THE SERVICE, USER CONTENT, ANY TANGIBLE OR INTANGIBLE ITEMS MADE AVAILABLE FOR PURCHASE THORUGH THE SITE AND ANY SITE CONTENT MADE AVAILABLE BY THE SERVICE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, SUITABILITY OR TIMELINESS OF THE SITE, THE SERVICE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SERVICE OR THE CONTENT AVAILABLE THROUGH THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE, OR ANY PRODUCT ACCESSED OR PURCHASED THROUGH OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE, OR ANY CHANGE OF SETTINGS TO YOUR DEVICE RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, CONTENT, OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS MADE AVAILABLE THROUGH THE SITE OR THE SERVICE, AS WELL AS PRODUCTS DISTRIBUTED THROUGH THE SITE OR SERVICE, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SELLER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or any third party is limited to the greater of (i) the total fees you paid to us in the 12 months prior to the act or omission giving rise to the liability, or (ii) $100.00.
The Agreement shall be governed by, and construed in accordance with, the laws of the state of California, without regard to its conflict of law provisions. You and the Company agree that any dispute arising out of or related to the Site, the Service, or this Agreement will be resolved by binding arbitration (an “Arbitration”) and not in court. The Federal Arbitration Act governs this Agreement.
THERE IS NO JUDGE OR JURY IN ARBITRATION. BY USING THE SITE OR THE SERVICE AND AGREEING TO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO HAVE ANY DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY. Further, court review of any arbitration award is limited.
Any Arbitration will be resolved before one neutral arbitrator working for ADR Services, Inc. (“ADR”), and any Arbitration will be held in Los Angeles County, California. To begin an Arbitration proceeding, you must do so in accordance with ADR’s arbitration rules then in effect, which will govern all aspects of the Arbitration, including payment of fees. Notwithstanding the foregoing, the prevailing party, as determined by the arbitrator, shall be entitled to recover his, her, or its reasonable attorneys’ fees and costs and expenses incurred in connection with the Arbitration.
YOU AGREE THAT ANY ARBITRATION WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. IN NO EVENT MAY ANY ARBITRATION BE BROUGHT ON BEHALF OF A CLASS OR IN ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION.
You agree to indemnify, defend, and hold harmless, the Company, its subsidiaries and affiliates, and each of their managers, members, directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any User Content or shared links you post or share on the Site or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, or any violation by you of this Agreement or of any law or the rights of any third party.
No agency, partnership, joint venture, independent contractor, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to us are non-confidential and shall become the sole property of the Company. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
StudioVox may offer the Service through mobile applications created by it or third party developers (“Platform Developers”). If you use the Service through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Service through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Service using a mobile device, you represent that to the extent you import any of your StudioVox data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your StudioVox account information to ensure that your messages are not sent to the person that acquires your old number. You acknowledge you are responsible for all charges and necessary permissions related to accessing StudioVox through your mobile access provider. Therefore, you should check with your provider to find out if the Service is available and to verify your provider’s charges associated with accessing the Service with respect to your specific mobile device(s).
This Agreement constitutes the entire agreement between you and the Company regarding your use of the Site and the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
If you need to contact us regarding this Agreement, we can be reached at termsofuse [AT] studiovox [dot] com .