STUDIO 8, LLC TERMS OF USE

This website is owned and operated by Studio 8, LLC on its own behalf or through a combination of its subsidiaries, which are all part of the entertainment operations of Studio 8, LLC (“Studio 8”).

1. This is a Contract Between You and Studio 8

Please read these terms carefully. This is a contract between you and Studio 8, located at Studio 8, LLC 10202 W. Washington Blvd., Poitier 1000, Culver City, CA 90232. By using our website located at http://www.studio8.com/, including all subpages under this domain, and any of our applications or other products or services (collectively, “Services”), you are agreeing to these terms. You should read and agree to these terms before using the Services, therefore. If you do not agree, you may not use the Services.

These terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements. Supplemental terms and conditions may apply to some Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.

We may immediately terminate this contract with respect to you (including your access to the Services) if you fail to comply with any provision of these terms.

2. Use of Our Services

You must follow any policies made available to you within the Services. Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

The Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis, and cannot be used for such purposes.

The Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Services are owned by us or our licensors or licensees. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services. Except as we specifically agree in writing, no element of the Services may be used or exploited in any way other than as part of the Services offered to you. We do not transfer title to any portion of the Services to you.

Our Services display some content that is not Studio 8’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

3. Your Studio 8 Account & Privacy

Certain areas of our website may require registration or may otherwise ask you to provide information in order to participate in certain features or to access certain content. Our practices concerning your personal information are disclosed in our Privacy Policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website. When you provide your personal information, you agree to provide only true, accurate, current and complete information.

You agree to accept responsibility for all activities that occur under your account or password, and you agree not to sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, and for restricting access to your computer so that others may not access the password protected portion of the website using your credentials. We may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

If you learn of any unauthorized use of your password or Studio 8 Account, please contact our legal@studio8.com.

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Studio 8 can use such data in accordance with our Privacy Policy.

4. Your Content

Some of our Services may allow you to communicate, submit, upload, send, or otherwise make available text, images, audio, video, competition entries, or other content (“Your Content”), which may be accessible and viewable by the public. You may not submit or upload anything that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive, or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.

While we do not claim ownership of Your Content, you grant us an non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights, to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit Your Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.

To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform Your Content that requires the use of our copyrighted works, we grant you a revocable, non-exclusive limited license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.

You represent and warrant that Your Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, Your Content in all manners contemplated by these terms. You agree to indemnify and hold Studio 8, LLC, including our parent, subsidiaries and affiliates, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us arising out of or in connection with our use and exploitation of Your Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to Your Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of Your Content, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on Your Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

We have the right but not the obligation to monitor, screen, post, remove, modify, store and review Your Content or communications sent through the Service, at any time and for any reason, including to ensure that Your Content and communications conform to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.

You can find more information about how we use and store content in our Privacy Policy.

5. Submissions

Studio 8 policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials other than those we have specifically requested. This is to avoid the possibility of future misunderstandings when projects developed by Studio 8’s staff might seem to others to be similar to their own creative ideas, suggestions or materials. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

If you do send us any creative ideas, suggestions or other materials, including any data, questions, comments, feedback, suggestions, or the like (collectively, the “Information”), or transmit the same through our website, by electronic mail, or any other form of communication, the Information shall be deemed, and shall remain, the property of Studio 8. Studio 8 shall exclusively own all right, title and interest in and to the Information, and shall be entitled to the unrestricted use of the Information for any purpose and in any and all media now known or hereafter devised, throughout the universe in perpetuity, without compensation owed to you.

6. Our Content

If a Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only. You may not circumvent or disable any content protection system or digital rights management technology used with any Service; decompile, reverse engineer, disassemble or otherwise reduce any Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Service in violation of United States export control and economic sanctions requirements.

7. Hyperlinks to Third Party Sites

The appearance of external hyperlinks (“Third Party Sites”) does not constitute any form of endorsement by Studio 8 of these Third Party Sites, including the opinions or views expressed therein, or the accuracy, currency, completeness or quality of the content contained therein. Studio 8 shall not be responsible or liable for any products or services rendered through or otherwise obtained from these Third Party Sites, or for any errors or omissions contained within any Third Party Sites. To the extent that these sites collect your personal information or other content, Studio 8 does not assume any liabilities or responsibility for the acts and omissions of these Third Party Sites with respect thereto.

8. Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop Services altogether, at any time at our discretion, with or without notice or liability to you. You can stop using our Services at any time.

9. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

Your use and browsing of the Services is at your risk. If you are dissatisfied with any of the Services or materials contained in the Services, or with any of these terms, your sole and exclusive remedy is to discontinue accessing and using the Services.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER STUDIO 8 NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, STUDIO 8 DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, STUDIO 8 DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER STUDIO 8, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING TO THE SERVICES, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SERVICES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF STUDIO 8 WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL STUDIO 8 BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND STUDIO 8’S REASONABLE CONTROL. IN NO EVENT SHALL STUDIO 8’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $1,000).

You specifically acknowledge and agree that Studio 8 is not liable for any defamatory, offensive or illegal conduct of any user.

Studio 8 also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, any computer equipment or other property on account of your access to or use of the Services, including any downloading of material from the Services.

10. Claims of Copyright Infringement

Notifications of claimed copyright infringement and counter notices must be sent to our designated copyright agent:

Studio 8, LLC
10202 W. Washington Blvd.
Poitier 1000
Culver City, CA 90232
Attn: Business & Legal Affairs
PH: 310-244-6055

We are only able to accept notices in the languages into which these terms are made available by us. We will respond expeditiously to claims of copyright infringement committed using the Services that are reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. If you believe that any user content infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide our Copyright Agent the following information in writing (see DMCA for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • The exact URL or a description reasonably sufficient to permit us to locate where the alleged infringing material is located on the web site;
  • Your name, address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner’s behalf.

11. Indemnification

By using this website you agree to indemnify, defend and hold Studio 8, its parent, subsidiaries, affiliates, licensors and assigns, and each of their respective employees, officer, directors and representatives harmless from and against any third party claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense, including, without limitation, reasonable attorneys’ fees, arising out of or relating to: (i) your breach of these terms, or any law, rule or governmental regulation; and (ii) an assertion that Your Content, or any other information or material submitted through the Services through you or your account, infringes any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person, or defames any person.

12. About These Terms

We may modify these terms to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your access and use of our website.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

These terms control the relationship between you and Studio 8. They do not create any third-party beneficiary rights.

The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Los Angeles County, California, USA, and you and Studio 8 consent to personal jurisdiction in those courts.

For information about how to contact Studio 8, please see (16) below.

13. Dispute Resolution

You and Studio 8 agree to arbitrate all disputes between you and Studio 8 or its affiliates, except disputes relating to the enforcement of Studio 8’s intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Studio 8 empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

In the event of a dispute, you or Studio 8 must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Studio 8, 10202 W. Washington Blvd., Poitier 1000, Culver City, CA 90232; Attention: Legal Affairs. We will send any notice of dispute to you at the contact information we have for you. You and Studio 8 will attempt to resolve a dispute in good faith through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration.

If you and Studio 8 do not resolve a dispute by informal good faith negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If for any reason a claim proceeds in court rather than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Arbitration shall be initiated in Los Angeles, California, United States of America, and you and Studio 8 agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

14. Entire Agreement, Severability, Survival

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein. The section titles in these terms are for your convenience only and do not have any legal or contractual effect. The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.

15. Services Jurisdiction

This website is controlled and operated by Studio 8 from its offices within the State of California, United States. We make no representation that materials on the Services are appropriate or available for use in other locations. Software from this website is further subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any countries that are subject to U.S. export restrictions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. How to Contact Us

Thank you so much for your interest in our website and for reading these terms. If you have any questions about these terms, the Privacy Policy, or any other questions, please contact us at legal@studio8.com or at:

Studio 8, LLC
10202 W. Washington Blvd.
Poitier 1000
Culver City, CA 90232
Attn: Business & Legal Affairs

These Terms of Use were last updated and became effective on May 19, 2017.