Effective Date: September 1, 2023
Contact Email: firstname.lastname@example.org
Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between us and you (including any person or entity on whose behalf you access the Services). If you have a question about this Agreement or the Services, please contact us via email at the email address listed at the top of this webpage (the “Contact Email”).
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
- YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
- YOU ACCEPT AND WILL COMPLY WITH THIS AGREEMENT; AND
- YOU ARE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.
Please carefully read the sections titled “DISCLAIMER OF WARRANTIES,” “LIMITATIONS OF LIABILITY,” and “DISPUTE RESOLUTION”. These provisions limit our liability to you and affect how disputes are resolved.
If you do not agree to any term of this Agreement, you may not access the Services.
- CHANGES TO TERMS
The Effective Date of this Agreement is set forth at the top of this webpage. From time to time, we may revise or supplement this Agreement. It is your responsibility to review this Agreement from time to time for changes. We will not make revisions that have retroactive effect unless a) we are legally required to do so or b) such changes protect users of the Services. Your continued accessing or use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about this Agreement.
- ADDITIONAL TERMS
Certain features of the Services may be subject to additional terms (the “Additional Terms”) presented in conjunction with them. Regardless of how we present them to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in the Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not access or use the features of the Services to which they relate. This Agreement and any relevant Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail with respect to the Services to which the Additional Terms apply.
- WEBSITE CONTENT
We and our licensors, as applicable, retain full and complete title to all information and materials provided on or through or submitted to the Services, including any brand names, artwork, graphics, text, video and audio clips, trademarks, logos, and other content (collectively, “Website Content”). All other content not owned by us that appear in the Services are the property of their respective owners. For more information, please see the section entitled “Submissions” below.
If you agree to this Agreement (as well as any relevant Additional Terms), then you may download, print and/or copy Website Content solely for your own personal use.
You may not:
- Incorporate any Website Content into any other work (such as your own website) or use Website Content in any public or commercial manner;
- Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Website Content in any form or by any means;
- Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Website Content; or
- ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).
WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICES OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT. WE ARE AN INDEPENDENT, NONPARTISAN ORGANIZATION. WE TAKE NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. ALL STATEMENTS OF FACT AND EXPRESSIONS OF OPINION ON THIS WEBSITE ARE THE SOLE RESPONSIBILITY OF THE AUTHOR. REFERENCES TO ANY NONPROFIT, PRIVATE, OR GOVERNMENT ENTITY ARE NOT ENDORSEMENTS.
Claims of Intellectual Property Infringement: If you believe that your intellectual property has been copied on the website in any way without your permission, please notify us via the Contact Email. Your notice must contain the following:
- Your electronic or physical signature;
- A description of the work you claim has been infringed;
- Identification of the work you claim infringes the copyrighted work and a description of where it is located on the website;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the infringing use is not authorized by the rights owner, the rights owner’s agent or by law; and
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the rights owner or authorized to act on the rights owner’s behalf.
- USING THE SERVICES
Your Account: You are required to create an account (an “Account”) to access or use certain features of the Services. You must be at least the age of majority where you live in order to create an Account. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate. You understand that if you provide untrue, incomplete, misleading or inaccurate information, we have the right to terminate your Account and your access to or use of the Services.
You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. We treat access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your access to or use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify us using the Contact Email if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.
Accessing the Services: You are responsible for the software, hardware and Internet service needed to access or use the Services. If you access or use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to the access to or use of the Services through your Mobile Device.
We do not guarantee availability of the Services at all times of the day. We may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, we have no obligation to provide access to or support for the Services.
Restrictions on Your Access to and Use of Services: You may access or use the Services for lawful, non-commercial purposes only.
You agree that you will not (and you agree not to encourage or allow any third party to):
- Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or our computer systems or networks,
- Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patented or patentable) of any part of the Services;
- Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
- Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
- Use the Services to advertise, buy or sell any products or services;
- Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including through time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
- Reformat or frame any portion of the web pages that are part of the Services without our written consent;
- Run or cause to be run any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services;
- Unduly burden or hinder the operation and/or functionality of any aspect of the Services;
- Create an Account under fraudulent pretenses; or
- PRODUCTS AND ORDERS
Certain products may be available exclusively online through the Services. These products may have limited quantities.
Prices for our products offered through the Services are subject to change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the product. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Distributor. We reserve the right to discontinue any product at any time and product may vary slightly from image shown. Any offer for any product or Service made on this site is void where prohibited.
WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY DEFECTS OR ERRORS IN THE PRODUCTS OR SERVICE WILL BE CORRECTED.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business, or per order. These restrictions may include orders placed by or under the same Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and Account information for all purchases made through the Services. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may from time to time offer areas in the Services where you and other users can share information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions.
By submitting a Submission, you represent and warrant that:
- Your Submission is true and accurate;
- You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to us under this Agreement;
- Your Submission is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
- Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
You acknowledge and agree that we have the right (but not the obligation) to monitor Submissions and to alter, remove or refuse to post or allowing posting of any Submission.
WE TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM ANY INFORMATION OR OTHER CONTENT IN SUBMISSIONS OR YOUR RELIANCE THEREUPON.
By sharing your Submissions, you grant us and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and our products without further notice to or consent from you.
Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.
We encourages you not to disclose any personal information in your Submissions because other people may see and use the personal information in your Submissions.
- DISCLAIMER OF WARRANTIES
We have validly entered into this Agreement and have the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.
WE SHALL NOT BE RESPONSIBLE FOR ANY CLAIM OR DAMAGES ARISING FROM OR CONNECTED WITH ANY INACCURATE OR INCOMPLETE INFORMATION TO WHICH YOU HAVE ACCESS. NEITHER WE NOR OUR AFFILIATES SHALL BE RESPONSIBLE FOR ANY APPLICATION OF ANY INFORMATION, PRICING OR RESULTS, INTENDED OR UNINTENDED, OBTAINED THROUGH THE USE OF THE SERVICES. NEITHER WE NOR OUR AFFILIATES SHALL BE RESPONSIBLE FOR THE CORRUPTION OF ANY OF YOUR DATA, SOFTWARE OR EQUIPMENT WHEN USING THE SERVICES. THE USE OF THE SERVICES AND THE PRODUCTS, SERVICES AND INFORMATION ON THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND WE MAKE NO, AND DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INTERFERENCE, NON-INFRINGEMENT, ACCURACY OF INFORMATION, MERCHANTABILITY, QUALITY, SYSTEMS INTEGRATION AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT, ANY AND ALL PRODUCTS, SERVICES AND INFORMATION PROVIDED BY DISTRIBUTOR AND ITS AFFILIATES UNDER, IN CONNECTION WITH OR RELATED TO THE SERVICES ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
- LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES
YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST US ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE ACCESS, USE OR INABILITY TO ACCESS OR USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE ACCESS TO OR USE OF THE SERVICE.
You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that we would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
- DISPUTE RESOLUTION
If you have a complaint about the Services, please contact us at the Contact Email.
To the maximum extent permitted by applicable law, you and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. This Agreement is governed by and construed and enforced in accordance with the internal laws of the State of Texas without giving effect to the principles of conflicts of laws of such state, and is binding upon the parties hereto in the United States and worldwide.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
Any dispute between you and us and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement is subject to the exclusive jurisdiction of the federal and state courts in Texas, other than for actions to enforce any order or judgment entered by such courts.
- NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You may send us a complaint regarding the Services or a request to receive further information regarding use of the Services by sending a letter to:
Studio Image, Inc.
5008 Burleson Road
Austin, TX 78744.
- INTERNATIONAL USE
If you are not a United States resident and you are accessing or using our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
Our servers and operations are located primarily in the United States, and our services are directed to business and individuals located in the United States and Canada. Therefore, our policies and procedures are based primarily on United States law.
The following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from, or on behalf of a person or entity located in, a country or territory embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals” (or are accessing the Services on behalf of any person or entity so listed), you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that which would subject us or its affiliates to any registration requirement within such jurisdiction or country.
You may terminate your Account at any time for any reason effective upon written notice to us. We reserve the right to suspend or terminate your account and access to the Services immediately and without notice if we believe you have violated this Agreement.
Termination will not limit any of our rights or remedies that accrued prior to the date of termination, whether set forth herein or available under applicable law. The sections titled Website Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.
- LINKS TO OTHER WEBSITES AND SERVICES
This Service may contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under our control. We are not responsible for any Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by us of the Linked Services or any association with the operators of the Linked Services. We do not investigate, verify or monitor the Linked Services. We provide links to Linked Services for your convenience only. You access Linked Services at your own risk.
- GENERAL TERMS
- This Agreement inures to the benefit of and will be binding upon us, you, and each of our and your successors and assigns, respectively. The rights and obligations under this Agreement may be freely assigned by us but you may not assign them without our prior express written consent.
- This Agreement, contains the entire understanding by and between us and you with respect to the matters contained herein.
- If any provision of this Agreement is deemed by a court or other legal authority of competent jurisdiction to be void, unenforceable, or invalid, such provision shall be limited or eliminated to the minimum extent necessary such that the intent of each other provision of this Agreement and this Agreement as a whole is preserved; and the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
- The failure to enforce a term of this Agreement on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
- Nothing contained in this Agreement will be deemed to constitute either us or you as the agent or representative of the other or as joint venturers or partners.
- If we or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
- The headings and captions contained herein are for convenience only.
- This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or by computer software or combination thereof), the English language version controls.
- QUESTIONS ABOUT THE SERVICES
If you have a question about the Services, please contact us via email at the Contact Email.