Terms of Service
The following terms of service (these “Terms”) govern your access to and use of the Studiocast website having a URL at www.studiocast.io, including without limitation any content, functionality and services offered on or through the website (the “Studiocast.io” or “Site”), and constitute a legally binding agreement between you and Endeavor X, LLC (the owner of the Site). Endeavor X, LLC is referred to herein as “Studiocast”, “we” or “us” and “you” or “user” means you as a user of the Site.
The Studiocast Site is a platform that enables connections between users (individuals or businesses) who are content creators (“Creators”) seeking to share their work-in-progress (“Content”) with users (individuals or businesses) who can provide feedback (“Members”).
FOR BOTH MEMBERS AND CREATORS
Authenticity of Identity (Registration):
- Only users who have signed-up may provide, watch or review Content on the Studiocast Site. To sign-up you must be 13 years of age or older, and by registering you represent and warrant that you are at least 13 years old.
- You may not create a false identity, misrepresent your identity, create a listing or profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; You hereby verify that profile information, including without limitation your description, skills, photo, etc., as applicable, are accurate and complete, and not misleading, illegal, offensive or otherwise harmful.
- You are responsible for maintaining the confidentiality of any log-in, password and account number provided by you or given to you by Studiocast for accessing the Site.
- If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Additionally, Studiocast has the right to restrict anyone from completing registration if such user may threaten the safety and integrity of the Site, or if such restriction is necessary to address any other reasonable business concern.
- You may not offer or ask for services around: legal, investments, financial, health, or related advice or services that may require a license
- The Studiocast Site enables connections between Creators and Members for sharing Content. Studiocast is not responsible for the performance or communications of users, nor do we have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Content, Members or Creators. Without limiting the foregoing, Studiocast is not responsible for the quality of content delivered by the Creator. Nor are we liable with respect to the content or any communications between Creator and Member.
- You may have the ability to communicate, interact or otherwise connect with other users through the Site. It’s your responsibility to take precautions when sharing any information about yourself with another user or anyone else, and you release Studiocast from any liability that may arise out of your interactions with another user through the Site.
- Studiocast reserves the right to remove or disable accounts due to a breach of these Terms or due to any illegal or inappropriate use of the Site. Users with disabled accounts will not be able to provide provide, watch or review Content on Studiocast.
- You will act professionally and responsibly in your interactions with other users.
- You will fulfill the commitments you make to other users and communicate clearly and promptly through the Site In-Box and only through the Site.
- As a user of the Site, you are required to follow our community guidelines and failure to follow our guidelines may result in the suspension/removal of your account. We may modify or add to these rules at our discretion. Without limitation, you may not:
- Use rude, abusive, improper language, or violent messages
- Discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise.
- Spam or solicit previous Creators or Members to pursue removing/modifying reviews.
- Request or provide Adult Services or Pornography
- Phish or Spam
- Create a false profile or misrepresent your identity
- Use the Site for any unauthorized or illegal purpose, including but not limited to posting or performing a Service in violation of local, state, or federal law
- Imply or state that any statements you make (whether on or off the Site) are endorsed by Studiocast, without the prior written consent of Studiocast
- Hack or interfere with the Site, its servers or any connected networks, or interfere with any other party’s use and enjoyment of the Site
Members understands that there might be a need for Creators to disclose certain confidential information and Members will protect such confidential information from unauthorized use and disclosure. Without limiting the generality of the foregoing, Members agree to treat any information received from Creators as highly sensitive and confidential and, to that end, Members will (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties without the written approval of the Creator; (iii) not use the information for any unintended purposes; and (vi) not to copy or reproduce any of the information without the Creator’s written permission.
User Generated Content:
- User Generated Content ("UGC") means the information, content and materials added by users, as opposed to content created by the Site. All content uploaded to the Studiocast Site by users (Creators and Members) is UGC.
- Studiocast does not check user uploaded/created information, content or other materials for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it.
- By uploading to, or creating UGC on the Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such UGC or the use thereof in the Site does not and shall not (a) infringe or violate any rights of any intellectual property, privacy, publicity, or any other rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or any third party’s policies and/or terms of service.
- Studiocast reserves the right for no consideration to use any UGC for its promotional, marketing or other purposes worldwide, in any media now known or hereafter created.
Intellectual Property Rights:
The content on the Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, data, look and feel, information and other materials (the “Contents”), but excluding UGC (which users hereby grant Studiocast a license to use as set forth under the User Generated Content section above), is owned by Studiocast and protected by intellectual property rights under both United States and foreign laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Studiocast Site without Studiocast’s express prior written consent and, if applicable, the consent of the holder of the rights to the UGC. Any use of Contents other than as permitted herein is expressly prohibited. All rights not expressly granted herein are reserved to Studiocast.
Hyperlinks from the Site:
The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Studiocast does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Studiocast is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate Studiocast’s approval or endorsement thereof. If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
Disclaimer of Warranties; Limitation of Liability:
- The use of the Studiocast Site, the Contents or items obtained through the Site is at your own risk. The Site, its Contents and any items obtained through the Site are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied. Studiocast makes no warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site, the Contents or any item obtained through the Site. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
- Subject to applicable law, Studiocast will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use or inability to use, the Site, or use of or reliance on any Contents displayed on the Site.
- Studiocast will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site, including without limitation to your downloading of any Contents on it, or on any website linked to it.
- Except as otherwise expressly permitted herein, you agree not to use the Site for any commercial or business purposes, and subject to applicable law Studiocast has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of or related to your use, or the performance, of the Site.
Changes to the Site and the Terms:
- Studiocast reserves the right to review, improve, modify or discontinue, temporarily or permanently, all or any portion of the Studiocast Site at its sole discretion. Studiocast will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Studiocast shall not be liable to you for any modification or discontinuance of all or any portion of the Site.
- Studiocast may change, modify, add to, supplement, suspend, discontinue or delete any of the terms and conditions of these Terms from time to time. When these changes are made, Studiocast will make a new copy of the terms of service available on this page.
- You understand and agree that if you use the Studiocast Site after the date on which the Terms have changed, Studiocast will treat your use as acceptance of the updated Terms.
You will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by Studiocast as a result of your use of the Site, Contents, or any item obtained by you through the Site, other than as permitted under these Terms. You agree to indemnify us in full against any third-party liabilities, claims, costs, loss or damage incurred as a result of any breach by you of these Terms.
Studiocast makes no claims that the Contents or any items available through the Site are appropriate or may be downloaded outside of the United States of America. Access to the Site and Contents may not be legal by certain persons or in certain countries. If you access the Site and/or Contents from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. All parts of these Terms that by their nature should survive the expiration or termination of these Terms, including without limitation, Disclaimer of Warranties; Limitation of Liability, Intellectual Property Rights and Indemnity, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms or your use of the Site.
Applicable Laws: Subject to the provisions of applicable law, these Terms are governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and Studiocast hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the Borough of Manhattan, New York, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms.
Waiver and Severability:
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and Take Down Procedures:
We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Site. You should use your own virus protection software. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing a criminal offense under applicable law. Studiocast will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
How to Contact Us: To contact us, please email email@example.com