Last Revised: January 15, 2012
INTRODUCTION AND BACKGROUND INFORMATION
Welcome to Studio One Media, Inc.’s (“Studio One”) MyStudio.net website –
http://www.MyStudio.net (the “Website”). Studio One is the developer, owner,
and operator of MyStudio®, a self-contained, state-of-the-art, high definition (HD)
interactive audio and video recording studios designed for installation in shopping
malls and other high-traffic pedestrian areas (the “MyStudio Recording Studios”).
The MyStudio Recording Studios permit users (“Users”) to record HD videos with a
quality, ease and convenience never before available to the general public. The
MyStudio Recording Studios can be used to create videos for, among other things,
music, modeling, comedy, dating, job resumes, auditions and personal messages and
greetings (“User Videos”). The “MyStudio Service” includes, by way of example and
not limitation, the MyStudio Recording Studios, Websites, MyStudio Music, and any
other distribution channels through which Studio One makes content available to
the public and third parties. Users have the ability to upload User Videos to the
Website and, through the MyStudio Service Users can store and make their User Videos
available to others and the public. User Videos can be used within an interactive
community including the sending and receiving of e-mails, posting messages or commentary,
and voting on contests (collectively, “User Commentary”). The right to upload and
share User Videos on the Website and provide User Commentary (to “Submit” material)
is limited to registered Users (“Members”). Users are permitted to create different
audiovisual works inside MyStudio Recording Studios, including, but not limited
to, videos of the User:
- performing pre-cleared or public domain musical works and sound recordings that
are stored at the MyStudio Recording Studio and, during the performance of which,
song lyrics are displayed in timed relation to the performance of such pre-cleared
musical works and sound recordings (“MyStudio Karaoke Tracks”);
- performing musical works and sound recordings provided by the User on a compact
disc inserted into the compact disc player inside the MyStudio Recording Studio;
- performing literary or musical works authored by the User or a third party, subject
to all necessary licenses, permissions and authorizations, without accompaniment
from any pre-recorded sound recordings; and
- creating job interview, dating, greeting, comedy or other similar videos.
The materials identified in clauses (ii), (iii) and (iv) above are defined as “Third-Party
ACCEPTANCE OF TERMS
for MyStudio.net and MyStudio Recording Studios), which includes, by way of example
and not limitation, MyStudio Recording Studios and the Website. These Terms create
a legal contract between you and Studio One. Before using a MyStudio Recording Studio
or this Website, you should carefully read these Terms. By creating a User Video
in a MyStudio Recording Studio or accessing, browsing, Submitting User Videos or
User Commentary to, or using the Website, or any other websites operated by Studio
One, you acknowledge that you have read, understood and agree to be bound by these
Terms, and any additional terms or modifications to these Terms that may be made
by Studio One. You also represent and warrant that your use of the MyStudio Service
will comply with any and all applicable laws and regulations. If at any time you
do not agree to these Terms, including as amended by Studio One in its sole discretion
from time to time, you should immediately terminate your use of the MyStudio Service.
You may receive an additional copy of these Terms by e-mailing us at
Contact@MyStudio.net and identifying the subject line of the email as “Terms
You represent that you are at least 18 years of age and are otherwise fully able,
competent and authorized to enter into and be bound by these Terms. If you are using
or opening an account on the MyStudio Service on behalf of a company, entity or
organization (collectively “Subscribing Organization”), then you represent and warrant
that you: (1) are an authorized representative of that Subscribing Organization
with the authority to bind such organization to these Terms and (2) agree to be
bound by these Terms on behalf of such Subscribing Organization.
Your privacy is important to Studio One. The MyStudio Privacy
Policy is incorporated into these Terms by reference. Please read the Privacy
Policy carefully for details relating to the collection, use, and disclosure of
INDIVIDUAL FEATURES AND SERVICES
When using the MyStudio Service, you will be subject to any additional posted guidelines
or rules applicable to specific services and features that may be posted from time
to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference
into these Terms.
MODIFICATION OF THE TERMS
Studio One reserves the right, in its sole discretion, to change, modify, add, or
remove portions of these Terms at any time and from time to time, with or without
specific notice to you other than through posting such modified Terms on the Website
and pay station. Please check these Terms and any Guidelines periodically for changes.
The most current and controlling Terms and Guidelines are posted on the Website.
Your continued use of the MyStudio Service after the posting of any changes (including
by maintaining any User Videos on the MyStudio Service) constitutes your binding
acceptance of such changes.
MYSTUDIO SERVICE ACCESS
Studio One grants you permission to use the MyStudio Service as set forth in these
Terms, provided that:
- you use the MyStudio Service solely for your personal, noncommercial use or uses
approved by Studio One;
- you do not copy, publicly display or distribute any part of the MyStudio Service
in any medium without Studio One’s prior written authorization or as expressly permitted
by the MyStudio Service;
- you do not alter or modify any part of the MyStudio Service other than as may be
reasonably necessary to use the MyStudio Service for its intended purposes
- you do not engage in any of the prohibited uses described below; and
- you otherwise fully comply with these Terms.
The Website is controlled and offered by Studio One from its facilities in the United
States of America. Studio One makes no representations that the MyStudio Service
is appropriate or available for use in other locations, and access to the Website
from territories where the content on the Website may be illegal is prohibited.
Those who access or use the MyStudio Service from other jurisdictions do so at their
own risk subject to these Terms.
Fees. The standard fee for a recording session up to five minutes in length
inside a MyStudio Recording Studio is Twenty Dollars ($20.00), but may differ depending
upon markets, promotional activities, sponsorships, etc. MyStudio reserves the right
to charge for use of the Website and to change its fees, for the MyStudio Recording
Studio or the Website, from time to time in its sole discretion. In no event will
you be charged for access to the Website unless we obtain your prior agreement to
pay such charges. If you do not consent to such charges, however, you may not have
access to paid content or services on the MyStudio Service.
Revocable License to Use MyStudio Recording Studio. The purchase of an “Activation
Card”, which is the card that you receive to access a MyStudio Recording Studio
for a recording session, is a revocable license. A MyStudio Recording Studio User
voluntarily assumes all risk of property loss and personal injury that may result
from the use of a MyStudio Recording Studio. Studio One may revoke the license and
eject or refuse entry to any User for violation of these Terms, illegal or rowdy
activity or misconduct as a Studio One employee may determine in their sole discretion.
Any User interfering with the recording session of any other User may be denied
access to a MyStudio Recording Studio. Activation Cards may not be duplicated. Unless
specifically authorized in advance by Studio One, an Activation Card may not be
offered in a commercial promotion or as a prize in a sweepstakes or contest. Studio
One may choose to relocate a MyStudio Recording Studio to another location with
or without notice. Refunds of an Activation Card will be decided on a case by case
basis. Purchase or use of an Activation Card constitutes acceptance of these Terms.
Prohibited MyStudio Recording Studio Uses. MyStudio Recording Studios are
offered to the public to enable Users to make high quality, HD User Videos. Nudity
is not permitted in a MyStudio Recording Studio or a MyStudio video. Videos that
are deemed offensive by the Studio One team may be removed from the Website or marked
as inappropriate for all viewers. We are not responsible for any financial losses
incurred to Users as a result of videos being removed that are deemed offensive
based on inappropriate content, gestures, actions, content, etc. Each User is entitled
to enter a clean, safe, and properly functioning MyStudio Recording Studio and to
record an audiovisual work without interference or disturbance. You hereby agree
that you will not destroy, deface, scratch, paint, write on, bring food, drinks,
bottles, glass, liquids, gum, candy or any similar items into any MyStudio Recording
Studio, distract or interfere with any other User’s use of a MyStudio Recording
Studio, or otherwise cause damage to or harm any Studio One property, a MyStudio
Recording Studio or any Studio One employee. You will leave the MyStudio Recording
Studio in a clean and properly working condition upon completing your recording
session inside a MyStudio Recording Studio. You may be responsible for any and all
damage you cause to any MyStudio Recording Studio, including monetary damages and
Studio One’s attorney’s fees.
OWNERSHIP; PROPRIETARY RIGHTS
The MyStudio Service is owned and operated by Studio One. The content, visual interfaces,
interactive features, information, graphics, design, compilation, computer code,
products, software, services, and all other elements of the MyStudio Service that
are provided by Studio One (the “MyStudio Materials”) are protected by United States
copyright, trade dress, patent, and trademark laws, international conventions, and
all other relevant intellectual property and proprietary rights, and applicable
laws. MyStudio Materials do not include User Uploaded Content (defined below). All
MyStudio Materials contained on the MyStudio Service are the property of Studio
One or its subsidiaries or affiliated companies and/or third-party licensors. All
trademarks, service marks, and trade names contained in the MyStudio Materials or
on the MyStudio Service are proprietary to Studio One or its affiliates and/or third-party
licensors. Except as expressly authorized by Studio One, you agree not to sell,
license, distribute, copy, modify, publicly perform, publicly display, transmit,
publish, edit, adapt, create derivative works from, or otherwise make unauthorized
use of the MyStudio Materials. Studio One reserves all rights not expressly granted
in these Terms. You shall not acquire any right, title or interest to the MyStudio
Materials, except for the limited rights set forth in these Terms.
USER UPLOADED CONTENT
General. Studio One allows you to record a User Video and Submit, store,
reproduce, distribute, publicly perform, publicly display and otherwise use through
the MyStudio Service User Commentary and User Videos of MyStudio Karaoke Tracks
and Third Party Materials (collectively, User Commentary, User Videos of My Studio
Karaoke Tracks and User Videos of Third Party Materials are “User Uploaded Content”).
Mystudio.net is a single source, “closed” video hosting website and therefore you
are not permitted to Submit, upload, store, reproduce, distribute, publicly perform,
publicly display or otherwise use any other video content not created at a MyStudio
recording studio on or through the MyStudio Service except as outlined below in
Alternative Means of Entry.
Alternative Means of Entry. For contests and auditions only, a video not
recorded in a MyStudio Recording Studio can be entered into a contest or audition
on the Mystudio.net website by sending a DVD of the video to: MyStudio Contests
c/o Studio One Media, Inc, 7650 E. Evans Road, Suite C, Scottsdale, AZ 85260. Entrants
must register as MyStudio.net members. Studio One will promptly transfer the DVD
video to your Member account. Entries must be received before the contest end date
to qualify. Entrant must send his/her MyStudio.net profile name, contest name, email
address, birth date, full name, mailing address, and phone number. The DVD format
must be Flash On2 VP6 (non-streaming, progressive download), 640 x 360 (16:9 aspect
ratio), no greater than 700 kbps, and a total running time no greater than 4 minutes.
Submitted DVDs will not be returned.
Privacy Settings for User Uploaded Content.
User Videos. Upon completion of a recording session at a MyStudio Recording
Studio, the completed audio and video file is sent to and stored at a Studio One
controlled electronic storage medium. You may view your video by signing up as a
Member and entering the Privacy Code printed on your Activation Card at the MyStudio.net
website. The video can be accessed for viewing purposes for 30 days from the date
the video was created. Within 30 days of the creation of the video the User must
affirmatively elect to upload and activate the video through their Member account
to access the Member Services features. If you do not elect to activate your User
Video within 30 days of recording the video, you will not have the ability to view
your User Video at a later time. User Videos Submitted to the Website (whether they
are User Videos of you performing MyStudio Karaoke Tracks or Third-Party Materials)
are not made publicly available until you register as a Member and change the relevant
privacy setting for your User Video. You must affirmatively choose to make your
uploaded User Video public, either by sharing the User Video with a defined group
of other Users or with all Users of the MyStudio Service. Once you make a User Video
public, it is public. You may remove a User Video from public availability at any
- Signing into your account
- Click on "My Account"
- Click on "Video Info" icon
- Select "Make Video Private"
- Click "Submit"
or by removing the User Video from the MyStudio Service. Notwithstanding the foregoing,
Studio One makes no representations or guarantees that a User Video, once made public,
even if later marked private or removed from the MyStudio Service, will not continue
to be available to the public through other sources. This is due to certain characteristics
for MyStudio.net and MyStudio Recording Studios, there may be limited circumstances
where Studio One may allow access to User Videos marked as private, for example,
in response to a subpoena or other legal process.
User Commentary. Studio One does not guarantee any confidentiality with respect
to any User Commentary Submitted by you to the MyStudio Service. You should assume
that any User Commentary you Submit will be available to all Users of the MyStudio
Entertainment and Information Purposes Only. Unless otherwise provided for
in a Guideline, as for example, with respect to any contests that may be sponsored
by Studio One, the User Uploaded Content is displayed for entertainment and informational
No Obligation to Publish. Studio One does not control User Uploaded Content.
Studio One makes no representation that it will publish or make available on the
MyStudio Service any User Uploaded Content, and reserves the right, in its sole
discretion, to remove or refuse to allow any User Uploaded Content on the MyStudio
License Grant by You to Studio One. You shall retain all of your ownership
rights in your User Uploaded Content. However, by submitting User Uploaded Content
to the MyStudio Service, you hereby grant Studio One and its affiliates, sublicensees,
partners, designees, and assignees a non-exclusive, fully paid-up, royalty-free,
perpetual, irrevocable, sublicenseable, and transferable license, throughout the
universe, to use, reproduce, distribute, modify, adapt, prepare derivative works
of, publicly display, publicly perform, and otherwise exploit your User Uploaded
Content in connection with the MyStudio Service and Studio One’s (and its successor’s)
business, including, without limitation, for promoting and redistributing part or
all of the MyStudio Service (and derivative works thereof) in any media formats
and through any media channels now known or hereafter discovered. By way of example
and not limitation, you grant Studio One the right to use your User Videos or portions
thereof in advertising and promotional, television programming, highlight and bloopers
videos, without any compensation to you. You hereby grant Studio One and its affiliates,
sublicensees, partners, designees, and assignees the right to use the name that
you submit in connection with your User Uploaded Content if they choose to do so.
You hereby irrevocably waive (and cause to be waived) any claims and assertions
of moral rights or attribution with respect to your User Uploaded Content. You also
hereby grant to each User of the MyStudio Service a non-exclusive license to access
your User Uploaded Content through the MyStudio Service, and to use, reproduce,
distribute, prepare derivative works of, publicly display, and publicly perform
such User Uploaded Content as permitted by the functionality of the MyStudio Service
and these Terms, as amended from time to time.
User Uploaded Content Prohibited Uses General. . In connection with your
User Uploaded Content, you agree that you will not:
- Publish falsehoods or misrepresentations that could damage Studio One or any third
- Use any copyrighted content, including, but not limited to, literary works, musical
works or sound recordings, owned or controlled by a third party, without obtaining
the necessary permissions, licenses and authorizations for the use of such third
- Submit material that is unlawful, defamatory, libelous, slanderous, threatening,
lewd, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially
or ethnically offensive or encourages conduct that would be considered a criminal
offense, give rise to civil liability, violate any law or any right of privacy or
publicity, or is otherwise inappropriate;
- Post advertisements or solicitations of business if using MyStudio licensed content;
- Impersonate another person or entity or falsely state or otherwise misrepresent
your affiliation with a person or entity; or
- Submit User Uploaded Content that would be harmful to minors in any manner.
User Videos of MyStudio Karaoke Tracks. In connection with the creation of
a User Video recording you performing a MyStudio Karaoke Track, you agree that you
will not alter or manipulate the fundamental character of the underlying musical
work (the notes and lyrics) in the MyStudio Karaoke Track, except to allow for a
change of key or tempo.
Content Disclaimer. You understand that when using the MyStudio Service,
you will be exposed to User Uploaded Content from a variety of sources, and that
Studio One is not responsible for the accuracy, integrity, quality, legality, usefulness,
safety, or intellectual property rights of or relating to such User Uploaded Content.
You further understand and acknowledge that you may be exposed to User Uploaded
Content that is inaccurate, offensive, indecent, or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or remedies you have
or may have against Studio One with respect thereto. Studio One does not endorse
any User Uploaded Content or any opinion, recommendation or advice expressed therein.
Under no circumstances will Studio One be liable in any way for or in connection
with any User Uploaded Content, including, but not limited to, for any inaccuracies,
errors or omissions in any User Uploaded Content, any intellectual property infringement
with regard to any User Uploaded Content, or for any loss or damage of any kind
incurred as a result of the use of any User Uploaded Content Submitted, posted,
electronically mailed or otherwise displayed or transmitted on or through the MyStudio
Service. By accessing or using any User Uploaded Content through the MyStudio Service
you waive any and all claims against Studio One that you may have arising out of
or relating to such User Uploaded Content.
MONITORING USERS AND CONTENT
Monitoring of MyStudio Recording Studios. Studio One reserves the right to
monitor Users of MyStudio Recording Studios through the use of security cameras
located inside and outside of the MyStudio Recording Studios. Security cameras are
provided for the safety of Users, our employees and the MyStudio Recording Studios.
Studio One makes no representations or warranties that the security cameras will
be monitored on a 24 x 7 x 365 basis. You acknowledge and agree that, by using a
MyStudio Recording Studio, you consent to any monitoring that Studio One may conduct
and that such monitoring video footage may be provided to any law enforcement authorities
or others in Studio One’s sole discretion.
No Responsibility for Monitoring User Uploaded Content. You understand that
all User Uploaded Content is the sole responsibility of the person submitting such
User Uploaded Content. This means that you, and not Studio One, are entirely responsible
for all User Uploaded Content Submitted by you and made available through the MyStudio
Service. Studio One does not control User Uploaded Content and does not have any
obligation to monitor such User Uploaded Content for any purpose. If at any time,
Studio One chooses, in its sole discretion, to monitor User Uploaded Content, Studio
One nonetheless assumes no responsibility for the User Uploaded Content, no obligation
to modify or remove any inappropriate User Uploaded Content, and no responsibility
for the conduct of the User submitting any such User Uploaded Content. You acknowledge
that Studio One may or may not pre-screen User Uploaded Content, and that Studio
One and its affiliates, sublicensees, designees and assignees shall have the right
(but not the obligation) in their sole discretion to pre-screen, refuse, or remove
any User Uploaded Content that is available via the MyStudio Service.
Studio One or third parties may provide links on the MyStudio Service to other sites
or content (“Reference Sites”). Studio One has no control over such Reference Sites
or content, and therefore makes no claim or representation regarding, and expressly
disclaims responsibility for, the accuracy, quality, legality, privacy policies,
practices, nature, availability or reliability of Reference Sites or content linked
to by the MyStudio Service. Studio One provides links to you only as a convenience,
and the inclusion of any link on the MyStudio Service does not imply our affiliation,
endorsement, or adoption of the linked site or any information therein. ACCESS AND
USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES
ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.
By using the MyStudio Service, you expressly relieve Studio One from any and all
liability arising from your use of any third-party web site. When you leave the
MyStudio Service, our terms and policies no longer govern. Accordingly, you should
review applicable terms and policies, including the privacy and data gathering practices,
of any Reference Sites.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to Studio One and its affiliates, sublicensees,
designees, and assignees that:
- You own, or have the necessary licenses, rights, consents, and permissions to perform,
record, synchronize, reproduce, publicly display, publicly perform, distribute and
otherwise exploit any literary works, musical works and sound recordings performed
or used by you and recorded in a User Video, other than MyStudio Karaoke Tracks
provided by Studio One;
- You have not altered or manipulated the fundamental character of the underlying
musical work (the notes and lyrics) in a MyStudio Karaoke Track, except to allow
for a change of key or tempo;
- You have the necessary licenses, rights, consents, and permissions to reproduce,
publicly perform, synchronize, distribute and otherwise exploit any sound recordings
(and the literary or musical works embedded therein) contained in any compact disc
you insert into the compact disk player (or other electronic storage devices) inside
a MyStudio Recording Studio;
- You own, or have the necessary licenses, rights, consents, and permissions to use
and authorize Studio One to use any other patent, trademark, copyright or other
proprietary rights in and to any and all other User Uploaded Content, including
other content included within a User Video, to enable inclusion and use of such
User Uploaded Content on the MyStudio Service in the manner contemplated by Studio
One and these Terms, and to grant the rights and license set forth above;
- You have the right to grant Studio One the licenses contained in these Terms to
record, reproduce, distribute, synchronize, publicly perform, publicly display,
create derivative works of, and otherwise exploit your User Video on the MyStudio
Service in the manner contemplated by Studio One and these Terms;
- Your User Uploaded Content, Studio One’s use of such User Uploaded Content pursuant
to these Terms, and Studio One’s exercise of the license rights set forth above,
do not and will not: (a) infringe, violate, or misappropriate any third-party right,
including any copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary right; (b)
slander, defame, libel, or invade the right of privacy, publicity or other property
rights of any other person; or (c) violate any applicable law or regulation;
- When using a MyStudio Recording Studio, you will not destroy, deface, scratch, paint,
write on, bring food, drinks, bottles, glass, liquids, gum, candy or any similar
items into any MyStudio Recording Studio, distract or interfere with any other User’s
use of a MyStudio Recording Studio, or otherwise cause damage to or harm any Studio
One property, a MyStudio Recording Studio or any Studio One employee;
- You will be responsible for any and all damage you cause to a MyStudio Recording
Studio, including monetary damages; and
- When using the MyStudio Service, you will not interfere with the streaming mechanism
of the MyStudio Service, including in any way that does not comply with the copyright
laws of the United States or any other applicable laws and regulations of jurisdictions
in which you may be resident.
REMOVAL OF USER UPLOADED CONTENT
Studio One and its affiliates, sublicensees, designees, and assignees shall have
the right (but not the obligation) in their sole discretion to refuse or remove
any User Uploaded Content that is available on the MyStudio Service, in whole or
in part, at any time, for any reason or no reason, with or without notice, and with
no liability of any kind. By way of example and not limitation, Studio One may remove
User Uploaded Content from the MyStudio Service that Studio One determines violates
these Terms, is otherwise objectionable, or may harm, discredit or subject Studio
One and the MyStudio Service to liability.
AVAILABILITY OF SERVICE
Studio One may make changes to or discontinue the MyStudio Service, or any of the
media, web communities, products, or services available within the MyStudio Service,
at any time and without notice. The media, products, or services on the MyStudio
Service may be out of date, and Studio One makes no commitment to update or maintain
the accuracy of these materials. .
As a condition of your use of the MyStudio Service, you will not use the MyStudio
Service (including, for the avoidance of doubt, any MyStudio Recording Studio) for
any purpose that is unlawful, offensive, obscene or prohibited by these Terms. Access
to the MyStudio Materials and the MyStudio Service from territories where their
access or use thereof is illegal is strictly prohibited. MyStudio Service Users
are responsible for complying with all local rules, laws, and regulations including,
without limitation, rules about intellectual property rights, the Internet, technology,
data, electronic mail, or privacy.
- Any use by you of any of the MyStudio Materials and MyStudio Service other than
for personal, non-commercial use is strictly prohibited. You agree not to reproduce,
duplicate, copy, sell, trade, resell, distribute or exploit any portion of the MyStudio
Service, MyStudio Materials or User Uploaded Content for any purpose other than
for your personal, non-commercial purposes. You agree not to defame, harass, abuse,
threaten, stalk or defraud Users of the MyStudio Service, or collect, or attempt
to collect, personal information about Users or third parties without their consent.
- You agree not to intentionally interfere with or damage, impair or disable the operation
of the MyStudio Service or any User’s enjoyment of it, by any means, including uploading
or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
You agree not to remove, circumvent, disable, damage or otherwise interfere with
any security-related features of the MyStudio Service, features that prevent or
restrict the use or copying of any content accessible through the MyStudio Service,
or features that enforce limitations on the use of the MyStudio Service.
- You agree not to attempt to gain unauthorized access to the MyStudio Service, or
any part of it, other accounts, computer systems or networks connected to the MyStudio
Service, or any part of it, through hacking, password mining or any other means
or interfere or attempt to interfere with the proper working of the MyStudio Service
or any activities conducted on the MyStudio Service.
- You agree not to obtain or attempt to obtain any materials or information through
any means not intentionally made available through the MyStudio Service. You agree
neither to modify the MyStudio Service in any manner or form, nor to use modified
versions of the MyStudio Service, including, without limitation, for the purpose
of obtaining unauthorized access to the MyStudio Service.
- You agree that you will not use any robot, spider, scrape, or use other automated
means to access the MyStudio Service for any purpose without the express written
permission of Studio One, or bypass Studio One’s robot exclusion headers or other
measures Studio One may use to prevent or restrict access to the MyStudio Service.
- You agree not to utilize framing techniques to enclose any trademark, logo, or other
MyStudio Materials without our express written consent. You agree not to use any
meta tags or any other “hidden text” utilizing Studio One’s name or trademarks without
our express written consent. You agree not to deep-link to the MyStudio Service
and will promptly remove any links that Studio One finds objectionable in its sole
discretion. You agree not to use any Studio One logos, graphics or trademarks as
part of the link without our express written consent.
- You agree not to make unsolicited offers, advertisements, proposals, or send junk
mail or spam to other Users of the MyStudio Service. This includes, but is not limited
to, unsolicited advertising, promotional materials or other solicitation material,
bulk mailing of commercial advertising, chain mail, informational announcements,
charity requests, and petitions for signatures.
- You agree not to reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code of the MyStudio Service or any part thereof, except and
only to the extent that such activity is expressly permitted by applicable law notwithstanding
- You agree not to modify, adapt, translate or create derivative works based upon
the MyStudio Service or any part thereof, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this limitation.
In order to access some features of the MyStudio Service, you will have to create
a Member account. You agree that the information you provide to Studio One upon
registration and, at all other times, will be true, accurate, current, and complete.
You also agree that you will ensure that this information is kept accurate and up-to-date
at all times. You acknowledge, consent and agree that Studio One may access, preserve
and disclose your account information and User Uploaded Content if required to do
so by law or in a good faith belief that such access preservation or disclosure
is reasonably necessary, in Studio One’s sole discretion, to: (1) comply with legal
process; (2) enforce the Terms; (3) respond to a claim that any User Uploaded Content
violates the rights of third parties; (4) respond to your requests for customer
service; or (5) protect the rights, property or personal safety of Studio One, its
Users and the public.
When you register you will be asked to provide a password. As you will be responsible
for all activities that occur under your password, you should keep your password
confidential. You are solely responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or password.
If you have reason to believe that your account is no longer secure (for example,
in the event of a loss, theft or unauthorized disclosure or use of your account
ID or password), you will immediately notify Studio One. You may be liable for the
losses incurred by Studio One or others due to any unauthorized use of your account.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the MyStudio Service are solely between you and
such advertiser. YOU AGREE THAT STUDIO ONE WILL 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 MYSTUDIO SERVICE.
You are solely responsible for your involvement with other Users of the MyStudio
Service. Studio One reserves the right, but has no obligation, to monitor disputes
between you and other Users.
TERM AND TERMINATION Term. These Terms shall remain in full force
and effect between you and Studio One for so long as you use the MyStudio Service
or are a Member.
Termination by Member. If you are dissatisfied with the MyStudio Service,
please let us know by emailing us at Contact@MyStudio.net.
Your input is valuable to us. Your only other remedy with respect to any dissatisfaction
with (i) the MyStudio Service, (ii) any term of these Terms, (iii) any policy or
practice of Studio One in operating the MyStudio Service, or (iv) any content or
information transmitted through the MyStudio Service, is to terminate these Terms
and your Membership. You may terminate your membership in the MyStudio Service at
any time, for any reason or for no reason, by following the instructions on your
“My Account” page, under Account Settings, by discontinuing your use of any and
all parts of the MyStudio Service, or by providing Studio One notice of termination
by emailing us at Accounts@MyStudio.net.
Termination by Studio One. You agree that Studio One, in its sole discretion
and for any or no reason, may terminate any User or Member account (or any part
thereof) you may have at the MyStudio Service or your use of the MyStudio Service,
and remove and discard all or any part of your account or any User Uploaded Content,
at any time, with or without notice. Studio One may also in its sole discretion
and at any time discontinue providing access to the MyStudio Service, or any part
thereof, with or without notice. You agree that any termination of your access to
the MyStudio Service or any account you may have or portion thereof may be effected
without prior notice, and you agree that Studio One shall not be liable to you or
any third-party for any such termination. Studio One does not permit infringing
activities in or on the MyStudio Service, and reserves the right to terminate access
to the MyStudio Service, and remove all content Submitted, by any persons who are
found to be infringers. Any suspected fraudulent, abusive, or illegal activity may
be referred to appropriate law enforcement authorities. These remedies are in addition
to any other remedies Studio One may have at law or in equity.
Status of User Content Upon Termination. Upon termination of your membership
in the MyStudio Service, your and public access to your User Uploaded Content will
be disabled within a commercially reasonable amount of time. Notwithstanding the
foregoing, certain of your User Content may remain on servers and other storage
media maintained, owned or controlled by or on behalf of the MyStudio Service pursuant
to the license granted herein.
DISCLAIMERS; NO WARRANTIES
No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
STUDIO ONE, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STUDIO ONE
OR THROUGH THE MYSTUDIO SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION, THE TERM STUDIO ONE INCLUDES
STUDIO ONE’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS,
AFFILIATES, SUBCONTRACTORS, DESIGNEES AND ASSIGNS.
"As is" and "As available" and "With All Faults." YOU EXPRESSLY AGREE THAT
THE USE OF THE MYSTUDIO SERVICE IS AT YOUR SOLE RISK. THE MYSTUDIO SERVICE, USER
UPLOADED CONTENT, AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS
MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MYSTUDIO SERVICE ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES
OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Platform Operation and Content. STUDIO ONE, ITS SUPPLIERS, LICENSORS, AFFILIATES,
AND PARTNERS DO NOT WARRANT THAT THE MYSTUDIO MATERIALS, USER UPLOADED CONTENT,
MYSTUDIO SERVICE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE MYSTUDIO SERVICE
OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER
HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy. STUDIO ONE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS
DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MYSTUDIO SERVICE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD,
OR OTHERWISE OBTAIN USER VIDEOS, INFORMATION, MATERIALS, OR DATA THROUGH THE MYSTUDIO
SERVICE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING
YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH
MATERIAL OR DATA.
LIMITATION OF LIABILITY AND DAMAGES
Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL STUDIO ONE OR ITS AFFILIATES, CONTRACTORS,
SUBCONTRACTORS, DIRECTORS, EMPLOYEES, AGENTS, DESIGNEES, ASSIGNS OR THIRD PARTY
PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE
OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM
YOUR USE OR THE INABILITY TO USE YOUR USER VIDEOS, THE MYSTUDIO SERVICE, OR USER
UPLOADED CONTENT, OR ANY OTHER INTERACTIONS WITH THE MYSTUDIO SERVICE, EVEN IF STUDIO
ONE OR A STUDIO ONE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN SUCH CASES, STUDIO ONE’S LIABILITY WILL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
Limitation of Damages. IN NO EVENT SHALL STUDIO ONE OR ITS AFFILIATES, CONTRACTORS,
SUBCONTRACTORS, EMPLOYEES, AGENTS, DESIGNEES, ASSIGNS OR THIRD PARTY PARTNERS, LICENSORS
OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE MYSTUDIO SERVICE (WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER
OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID
STUDIO ONE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE
SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN STUDIO ONE AND RECEIVED BY YOU THROUGH
OR ADVERTISED ON THE MYSTUDIO SERVICE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
RELEASE AND INDEMNIFICATION
Without limiting the above, you hereby release, discharge, and hold harmless Studio
One and its parent, subsidiaries, affiliates, sublicensees, licensors, vendors,
suppliers, partners, designees, and assigns and each of their respective employees,
officers, directors, and suppliers (collectively, “Releasees”) from any and all
claims, actions, damages, liabilities, losses, costs, and expenses of any kind (including,
without limitation, attorneys’ fees), arising out of, resulting from, or by reason
of, your User Uploaded Content, including, without limitation, any exploitation
of your User Uploaded Content, on any legal theory whatsoever (including, but not
limited to, copyright infringement, personal injury, rights of privacy and publicity,
idea misappropriation, false light or defamation).
Indemnification. You agree to indemnify and hold harmless Studio One, and
its parent, subsidiaries, affiliates, sublicensees, licensors, vendors, suppliers,
partners, designees, assigns or any related companies (including those which share
substantially common ownership), and the officers, directors, employees, agents
and representatives of any of them from any and all claims, losses, obligations,
damages, liabilities, costs or debt and expenses (including attorney’s fees) arising
out of: (a) your use or misuse of the MyStudio Service; (b) your User Uploaded Content,
including Studio One’s use, reproduction, distribution, public display, public performance
or other exercise of its license rights granted herein with respect to your User
Uploaded Content; (c) your violation of these Terms or any Guidelines; (d) your
violation of the rights of any other person or entity, including claims that any
User Uploaded Content infringes or violates any third party intellectual property
rights; and (e) your breach of the foregoing representations, warranties, and covenants.
Studio One reserves the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us and you agree
to cooperate with our defense of these claims. You agree not to settle any matter
without the prior written consent of Studio One.
USE OF LITERARY WORKS, MUSICAL WORKS AND SOUND RECORDINGS; DIGITAL MILLENNIUM COPYRIGHT
Performing Rights. Studio One is responsible for obtaining any licenses necessary
for the public performance of musical works included in the MyStudio Karaoke Tracks
Other Rights. Studio One is responsible for obtaining any other licenses
necessary for the exploitation of musical works and sound recordings included in
the MyStudio Karaoke Tracks. If you create a User Video of you performing Third-Party
Materials, whether they be performances of literary works or musical works or include
sound recordings, then you are responsible for obtaining all necessary licenses,
rights, consents, and permissions to publicly perform, publicly display, record,
reproduce, distribute, and otherwise exploit any copyrighted materials in the User
Video and to authorize Studio One to use, reproduce, distribute, modify, adapt,
prepare derivative works of, publicly display, publicly perform, and otherwise exploit
the User Video in connection with the MyStudio Service.
Copyright Owner Rights. If you are a copyright owner or an agent thereof,
and you believe any content Submitted to and hosted on the MyStudio Service infringes
your copyrights, then you may submit a notification pursuant to the Digital Millennium
Copyright Act (“DMCA”) by providing Studio One’s Designated Copyright Agent with
the following information in writing: a physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed; identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works on the MyStudio Service are covered by a single
notification, a representative list of such works on the MyStudio Service; identification
of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit Studio One to locate the material; information reasonably
sufficient to permit Studio One to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the complaining
party may be contacted; a statement that the complaining party has a good faith
belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law (for example, “I am under the good faith
belief that the use of the copyrighted content that is identified herein is not
authorized by the copyright owner, its agent, or the law.”); and a statement that
the information in the notification is accurate, and under penalty of perjury, that
the complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed (for example, “I swear, under penalty of perjury,
that the information in this notification is accurate and that I am the copyright
owner, or authorized to act on behalf of the copyright owner, of the copyright(s)
that is/are allegedly infringed by the aforementioned content.”).
Please consult your legal counsel or see 17 U.S.C. § 512 to confirm these requirements.
It is Studio One's policy to respond to notices of alleged infringement that comply
with the DMCA. In addition, Studio One will promptly terminate the accounts of Users
that are determined by Studio One to be "repeat infringers." If Studio One receives
more than three takedown notices regarding a Member's User Uploaded Content, then
that User will be considered a repeat infringer and their account will be terminated.
Please consult your legal counsel or refer 17 U.S.C. § 512 to confirm these requirements.
It is Studio One’s policy to respond to notices of alleged infringement that comply
with the DMCA. In addition, Studio One will promptly terminate the accounts of Users
that are determined by Studio One to be “repeat infringers.” If Studio One receives
more than three takedown notices regarding a Member’s User Uploaded Content, then
that User will be considered a repeat infringer and their account will be terminated.
Studio One’s designated Copyright Agent to receive notifications and counter-notifications
of claimed infringement can be reached as follows: Attention: Copyright Agent, 7650
E. Evans Road, Suite C, Scottsdale, Arizona 85260, or by electronic mail at:
Copyright@MyStudio.net. For clarity, only DMCA notices should go to the
Designated Copyright Agent. Any other feedback, comments, requests for technical
support or other communications should be directed to Studio One customer service
through Contact@MyStudio.net. You acknowledge
that if you fail to comply with all of the requirements of this section, your DMCA
notice may not be valid. Please note that under Section 512(f) of the DMCA, any person
who knowingly materially misrepresents that material or activity is infringing may
be subject to liability.
Counter Notification. If you believe that your User Uploaded Content that
was removed (or to which access was disabled) is not infringing, or that you have
the authorization from the copyright owner, the copyright owner’s agent, or pursuant
to law, to Submit the User Uploaded Content to the MyStudio Service, then you may
send a counter notification containing the following information to Studio One’s
Designated Copyright Agent:
- Your physical or electronic signature
- Identification of the User Uploaded Content that has been removed or to which access
has been disabled and the location at which the content appeared before it was removed
or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that your
User Uploaded Content was removed or disabled as a result of mistake or misidentification
of the User Uploaded Content to be removed or disabled; and
- Your name, address, telephone number, and e-mail address, a statement that you consent
to the jurisdiction of the federal court in Maricopa County, Arizona, and a statement
that you will accept service of process from the person who provided notification
of the alleged infringement.
If a counter-notice is received by the Designated Copyright Agent, then Studio One
may send a copy of the counter-notice to the original complaining party informing
that person or entity that Studio One may replace the removed User Uploaded Content
or cease disabling access to it in ten business days. Unless the copyright owner
files an action seeking a court order against the Member Submitting the User Uploaded
Content, the removed User Uploaded Content may be replaced, or access to it restored,
in ten to fourteen business days or more after receipt of the counter-notice, at
Studio One’s sole discretion.
Notice. Studio One may provide you with notices by electronic mail, regular
mail or postings on the MyStudio Service. If Notice is provided by electronic mail,
notice will be deemed given twenty-four hours after electronic mail is sent, unless
Studio One is notified that the electronic mail address is invalid. If notice is
provided by posting, then notice will be deemed given upon posting on the Website.
Alternatively, we may give you legal notice by mail to a postal address, if provided
by you through the MyStudio Service. In such case, notice will be deemed given three
days after the date of mailing.
Dispute Resolution. If a dispute arises between you and Studio One, our goal
is to provide you with a neutral and cost effective means of resolving the dispute
quickly. Accordingly, you and Studio One agree that we will resolve any claim or
controversy at law or equity that arises out of these Terms or the MyStudio Service
(a “Claim”) in accordance with one of the subsections below or as Studio One and
you otherwise agree in writing. Before resorting to these alternatives, we strongly
encourage you to first contact us directly to seek a resolution. We will consider
reasonable requests to resolve the dispute through alternative dispute resolution
procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law; Forum. You agree that (i) the Website shall be deemed solely
based in Arizona and (ii) the Website shall be deemed a passive website that does
not give rise to personal jurisdiction over Studio One, either specific or general,
in jurisdictions other than Arizona. These Terms shall be governed in all respects
by the internal substantive laws of the State of Arizona, without respect to its
conflict of laws principles. You agree that any claim or dispute you may have against
Studio One arising out of or relating to your use of a MyStudio Recording Studio,
the Website or the MyStudio Service must be resolved by a court located in Maricopa
County, Arizona, except as otherwise agreed by you and Studio One. You agree to
submit to the personal jurisdiction of the courts located within Maricopa County,
Arizona for the purpose of litigating all such claims or disputes.
Improperly Filed Claims. All claims you bring against Studio One must be
resolved in accordance with the above section on Dispute Resolution. All claims
filed or brought contrary to this section on Dispute Resolution shall be considered
improperly filed. Should you file a claim contrary to the section on Dispute Resolution,
Studio One may recover attorneys’ fees and its reasonable costs incurred in responding
to such improperly filed claim.
Waiver. A provision of these Terms may be waived only by a written instrument
executed by the party entitled to the benefit of such provision. The failure of
Studio One to exercise or enforce any right or provision of these Terms will not
constitute a waiver of such right or provision.
Severability. 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
Assignment. The Terms and related Guidelines, and any rights and licenses
granted hereunder, may not be transferred or assigned by you, but may be assigned
by Studio One without restriction. Any assignment attempted to be made in violation
of these Terms shall be void.
No Agency. You agree that no joint venture, partnership, employment, or agency
relationship exists between you and Studio One as a result of these Terms or use
of the MyStudio Service. You further acknowledge that by submitting User Uploaded
Content, no confidential, fiduciary, contractually implied or other relationship
is created between you and Studio One other than pursuant to these Terms.
Survival. The following provisions of these Terms will survive the termination
Content; Third-Party Websites; Representations and Warranties; Removal of User Uploaded
Content; Prohibited Uses; Account Information; Password; Dealings with Advertisers;
User Disagreements; Term and Termination; Disclaimers; No Warranties; Limitation
of Liability and Damages; Release and Indemnification; User of Literary Works, Musical
Works and Sound Recordings; Digital Millennium Copyright Act; Miscellaneous.
Headings. The heading references herein are for convenience purposes only,
do not constitute a part of these Terms, and shall not be deemed to limit or affect
any of the provisions hereof.
Entire Agreement. This is the entire agreement between you and Studio One
relating to the subject matter herein and supersedes all previous communications,
representations, understandings and agreements, either oral or written, between
the parties with respect to said subject matter. These Terms shall not be modified
except in a writing signed by both parties or by a change to these Terms or Guidelines
made by Studio One as set forth above.
Disclosures. The services hereunder are offered by Studio One Media, Inc.,
located at 7650 E. Evans Road, Suite C, Scottsdale, Arizona 85260, electronic mail:
Contact@MyStudio.net. If you are a California
resident, you may have this same information electronic mailed to you by sending
a letter to the foregoing address with your electronic mail address and a request
for this information.