Terms and Conditions
The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and StudioVisit, a Berlin company ("StudioVisit", “us”, “we” or “our”).
In consideration of StudioVisit providing you (which term, as used herein, includes you, individually, and any other party on whose behalf you access and/or use the website from time to time) access to our Internet website, www.studiovisit.biz our mobile site, [INSERT] (collectively, the "Site") and/or our mobile application (the “Application”), our pages and/or accounts on social media websites (the “StudioVisit Social Media”) and the information, data, content, images, features, functionalities and software that may be offered to you through the Site, the Application and/or the StudioVisit Social Media (collectively, and as such may be revised from time to time by us, the “Content”), you hereby agree to this Agreement.
In order to use the Site and the Application, you must agree to the terms and conditions that are set out below. By accessing or using the Site and/or downloading, installing and/or using the Application), you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement (as may be amended by us from time to time).
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Site and/or the Application at any time, effective upon posting of an updated version of this Agreement on the Site and Application. You are responsible for regularly reviewing this Agreement. Continued use of the Site or the Application after any such modification shall constitute your consent to this Agreement and such modifications.
The Site and the Application are owned and operated by StudioVisit and are solely a facilitator of communication between you and other users of the Site. We are in no way responsible for the quality of goods or services offered by the other users of the Site and/or the Application. We are under no obligation to update the Content to reflect circumstances that may occur after its initial publication date.
The Site, the Application and any and all content submitted by us on the StudioVisit Social Media, and the Content are our property and are protected by applicable copyright, patent, trademark and other intellectual property laws. Except as expressly authorized herein, you may not, directly or indirectly, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit, in each case, whether in whole or in part, the Site, the Application, any and all content submitted by us on the StudioVisit Social Media, or the Content in any manner without our express written consent. You agree not to use the Site, the Application, the StudioVisit Social Media or the Content for any unlawful purposes and to comply with any and all applicable laws, rules and regulations. You may use the Site, the Application, any and all content submitted by us on the StudioVisit Social Media and the Content only for your personal use.
If you have any questions about any materials posted on the Site or the Application, please contact us at firstname.lastname@example.org
User Generated Content
We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site, the Application or the StudioVisit Social Media by anyone other than authorized StudioVisit spokespersons while acting in their official capacities. We do not review and assume no responsibility for any information or content received from, or created by you or any third party. We reserve the right (but have and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by you or any third party to the Site, the Application or the StudioVisit Social Media.
By submitting any information or content to or by otherwise accessing and/or using the Site, the Application and/or the StudioVisit Social Media, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sublicensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content.
Disclaimer of Warranties
THE SITE, THE APPLICATION AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, GUARANTIES, CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY RELATED TO MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES AS TO THE OPERATION OF THE SITE OR THE APPLICATION AND WE MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE OR THE APPLICATION WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE OR THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTABLE OR CORRECTED. YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER, MOBILE PHONE, TABLET AND/OR OTHER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING OR USING THE SITE OR THE APP. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE OR THE APPLICIATION ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
We are committed to create the most convenient, simple, and trustworthy platform for you to use in order to find, connect and share your art work with your community. In order for us to maintain our commitment, we ask of you to be a good example to others. We wish that you treat everyone with respect and consideration, as well as use common sense and caution when interacting with others.
Limitation of Liability
BY USING THE SITE OR THE APPLICATION, YOU AGREE THAT YOU WILL NOT HOLD StudioVisit LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE APPLICATION OR THE CONTENT, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE SITE, THE APPLICATION (OR ANY OTHER LINKED SITE OR LOCATION). WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Representations and Warranties
By using the Site and/or the Application, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Site or the Application because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Site or the Application. By using the Site or the Application, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
You shall indemnify and hold harmless StudioVisit and its partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in this Agreement, and/or (ii) your access to and/or use of the Site, the Application, any and all content submitted by us on the StudioVisit Social Media and/or the Content, , including for claims that any of it violates, infringes or misappropriates any proprietary rights, or right of publicity, privacy or any other right of any third party.
Modification or Termination
We may at any time and for any reason with or without prior notice to you, and without liability, in each case, modify, suspend, terminate or discontinue, in whole or in part, any portion of the Site, the Application (including the Content or hours of availability) and/or your access to or use of the Site, the Application and/or the Content. If you fail to comply with any provision of this Agreement, or if, in its sole discretion, StudioVisit modifies, suspends, terminates or discontinues your access to or use of the Site, the Application and/or the Content, any and all rights granted to you herein will immediately automatically terminate. This Agreement (as may be revised from time to time as described herein) is irrevocable and, unless otherwise expressly stated herein, will survive the termination of your access to, and use of, the Site, the Application and/or the Content, and your relationship with StudioVisit.
By using the Application or the Service, you may not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
Use the Site, the Application and/or the StudioVisit Social Media for any purpose, including, but not limited to posting content, in violation of local, state, national, or international law, or the proprietary rights of any third party.
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Site and/or the Application.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or allow any other person or entity to use your identification to post or view comments.
Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
Download any file posted by another User that you know, or should have reason to know, cannot be legally distributed through the Site.
Restrict or inhibit any other User from using and enjoying the [Public Areas IS IT DEFINED ANYWHERE?].
Imply or state that any statements you make are endorsed by us, without our prior written consent.
Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Site and/or the Application in any manner.
Hack or interfere with the Site the Application their servers and/or any connected networks.
Adapt, alter, license, sublicense or translate the Site and/or the Application for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights posted on the Site and/or the Application.
Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.