04.11TERMS OF ACCEPTED USE
1. ACCEPTANCE OF TERMS.
The services that Studio1A Productions provides to you are subject to the following Terms of Accepted Use. By using the services offered by Studio1A Productions, including, but not limited to, the services offered on the studio1aproductions.com, podsqod.com and newmediagear.com websites (hereinafter referred to as the Studio1A Websites), you agree to be bound by Studio1A Productions Terms of Accepted Use. Studio1A Productions reserves the right to update Terms of Accepted Use at any time without notice to you. The most current version of the Terms of Accepted Use can be reviewed by clicking on the Terms of Accepted Use hypertext link located at the bottom of the Studio1A Websites.
2. DESCRIPTION OF SERVICES.
Through the Studio1A Websites, Studio1A Productions provides you with access to a variety of resources, including website links, downloads, products, software, studio production services, online forums and other information (hereinafter collectively referred to as the Studio1A Services). The Studio1A Services, including any updates, enhancements, new features, and/or the addition of any new Internet properties, are subject to the Terms of Accepted Use.
3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
(only applicable if and when implemented)
If any of the Studio1A Services requires you to open an account, you acknowledge and agree that you will complete the registration process by providing us with your current contact information, and other personally identifiable information that may required at the discretion of Studio1A Productions, or may be required by Florida or United States law. The information provided during registration an/or re-registration is subject to the Studio1A Productions Privacy Policy, which can be reviewed by clicking on the Privacy Policy hypertext link located at the bottom of the Studio1A Websites and/or at the end of this document. You acknowledge and agree that you will also choose a password and a user name. You acknowledge and agree that you are entirely responsible for maintaining the confidentiality of your password and account. You also acknowledge and agree that you are entirely responsible for any and all activities that occur under your account. You also acknowledge and agree that any actual, attempted or indirect violation of the Terms of Accepted Use by others while utilizing your computer system, your password, or your user name shall be considered to be a violation of the Terms of Accepted Use by you. You also acknowledge and agree to notify Studio1A Productions immediately of any unauthorized use of your account or any other breach of security. You also acknowledge and agree that Studio1A Productions shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You also acknowledge and agree, however, that you could be held liable for losses incurred by Studio1A Productions or another party due to someone else using your account or password. You also acknowledge and agree that you shall not use anyone elses account at any time, without the permission of the account holder.
4. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified in writing by Studio1A Productions, the Studio1A Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any downloads, products, software, information, or services obtained from your use of the Studio1A Services without the written permission of a Studio1AProductions, LLC Manager.
5. SERVICES INTENDED FOR USERS OVER THE AGE OF 18.
You acknowledge and agree that the Studio1A Services are not intended for users under the age of 18, and Studio1A Productions does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to Studio1A Productions, any information submitted by such users will not knowingly be used, posted, or retained by Studio1A Productions. You represent and warrant that you are at least 18 years of age and you acknowledge and agree that Studio1A Productions is entitled to rely upon that representation. You acknowledge and agree that, in the event that you permit anyone under the age of 18 to use the Studio1A Services by utilizing your computer system, your password, or your user name, you are solely responsible for such use.
6. PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
By using the services offered by Studio1A Productions, including, but not limited to, the services offered on the Studio1A Websites, you acknowledge and agree to be bound by Studio1A Productions Privacy Policy. Studio1A Productions reserves the right to update its Privacy Policy at any time without notice to you. The most current version of the Privacy Policy can be reviewed by clicking on the Privacy Policy hypertext link located at the bottom of the Studio1A Websites. The Privacy Policy sets forth the manner in which Studio1A Productions is authorized to utilize information about you.
Studio1A Productions reserves the right at all times to disclose any information that Studio1A Productions deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Studio1A Productions sole discretion.
7. LINKS TO THIRD PARTY SITES AND THE Services, Products, Information, Content, and/or Actions OF SUCH SITES.
The links located on the Studio1A Websites enable you to leave Studio1A Websites. You acknowledge and agree that these linked sites are not under the control of Studio1A Productions, Studio1A Productions does not make any commitment to review, monitor, or filter the information or content on these linked sites, and Studio1A Productions is not responsible for the information, content, actions, webcasting, or transmissions on any linked site or any link contained in a linked site, or any changes or updates to such sites. You acknowledge and agree that Studio1A Productions is providing these links to you only as a convenience, and the inclusion of any link does not imply that Studio1A Productions endorses or otherwise vouches for the information, content, actions, webcasting, or transmissions on such sites, or any service, product, information, program, data, or content sent, accessed, offered or advertised on such sites. YOU ACKNOWLEDGE AND AGREE THAT STUDIO1A PRODUCTIONS IS NOT RESPONSIBLE FOR ANY SUCH CONTENT. You acknowledge and agree that your linking to any site USING THE STUDIO1A services is at your sole risk.
8. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
NEITHER STUDIO1A PRODUCTIONS NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS AND AUDIO, AUDIO/VIDEO PROGRAMS PUBLISHED AS PART OF THE STUDIO1A SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION CONTAINED IN THE DOCUMENTS, RELATED GRAPHICS AND AUDIO, AUDIO/VIDEO FILES ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. STUDIO1A PRODUCTIONS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION CONTAINED IN THE DOCUMENTS, RELATED GRAPHICS AND AUDIO, AUDIO/VIDEO FILES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL STUDIO1A PRODUCTIONS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS AVAILABLE FROM THE STUDIO1A SERVICES.
THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS AND AUDIO, AUDIO/VIDEO FILES FROM THE STUDIO1A SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO SUCH INFORMATION. STUDIO1A PRODUCTIONS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL STUDIO1A PRODUCTIONS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF Studio1A Websites, website links, downloads, products, software, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
9. YOUR USE OF DOCUMENTS FROM THE STUDIO1A SERVICES.
Studio1A conditionally grants you permission to use the documents from the Studio1A Services, including, but not limited to, white papers, press releases, datasheets, product commentary and FAQs (hereinafter referred to as the Documents), if and only if the following conditions are met:
(1) the following notice appears on any and all copies of the Documents:
COPYRIGHT NOTICE.
Copyright © 2005-2008 Studio1A Productions, LLC.
All rights reserved.
(2) you affix a copy of Section 5 of these Terms of Accepted Use to each Document, including copies, used by you;
(3) you use such Documents from the Studio1A Services solely for informational, non-commercial, and/or personal use;
(4) you will not copy of post such Documents copied on any website, network computer, or otherwise broadcast such documents in any media; and
(5) you do not modify the Documents in any way.
Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Any distribution outside the classroom requires express written permission from Studio1A Productions.
Use of the Documents for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
As used in these Terms of Accepted Use, the term Documents do not include the design, elements, or layout of the Studio1A Websites or any other website owned, operated, licensed or controlled by Studio1A Productions. The design, elements, and layout of the Studio1A Websites are protected by copyright, trade dress, trademark, unfair competition, and other intellectual property laws, and may not be copied or imitated in whole or in part. No logo, graphic, slogan, sound, or image from any Studio1A Productions site may be copied or retransmitted unless expressly permitted in writing by Studio1A Productions.
10. SUBMISSIONS PROVIDED TO STUDIO1A PRODUCTIONS.
Studio1A Productions does not claim ownership of any information, material, or content that you post, upload, input, submit or otherwise provide to Studio1A Productions (including, but not limited to, feedback, suggestions, audio/video or any related text or media content attachment). By posting, uploading, inputting, submitting, or otherwise providing information, material, or content (hereinafter referred to as your submission) to Studio1A Productions, however, you acknowledge and agree that you are granting to Studio1A Productions, and/or any of its affiliated companies, subsidiaries, principals, and/or sublicensees, the permission to use your submission in connection with the operation of their internet businesses including, but not limited to, the Studio1A Services). You acknowledge and agree that this permission to use your submission includes, but is not limited to, a license permitting Studio1A Services the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and/or reformat your submission, and the right to publish your name in connection with your submission.
By posting, uploading, inputting, submitting, or otherwise providing your submission to Studio1A Productions using the Studio1A Services, you acknowledge and agree that you are granting to your private community and/or the general public (depending upon whether you make available your submission to your private community or the general public) the non-exclusive, world-wide, royalty-free license to use your submission, subject to these Terms of Accepted Use. This license shall include, but shall not be limited to, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission without having your name attached to such submission, and the right to sublicense such rights to any supplier of the Services. You acknowledge and agree that, after you completely remove any submission from the Studio1A Websites and/or Studio1A Services, no further licenses shall be granted. Such removal, however, shall not affect any licenses previously granted in connection with such submission prior to the time you completely remove such submission from the Studio1A Websites and/or Studio1A Services.
By posting, uploading, inputting, submitting, or otherwise providing your submission to Studio1A Productions using the Studio1A Services, you warrant and represent the following:
(1) that you own or otherwise control all of the rights to your submission, as described Section 11 of these Terms of Accepted Use including, without limitation, all the rights necessary for you to post, upload, input, submit or otherwise provide the your submission; and
(2) that any images, photographs, text, video, sound recordings, logos, slogans, software, or any other artistic expression does not violate the intellectual property rights of any third party including, but not limited to, the copyright, trademark, trade dress, trade secret or any other personal, privacy, proprietary, or intellectual property rights of any third party, or that any such material is published with the written permission of the owner(s) of such rights; and
(3) that each and every person, if any, depicted any image, photograph, video clip, sound recording, or any other artistic expression that depict such person, has provided you with written consent to the use his or her likeness in a manner that is consistent with the Studio1A Services and these Terms of Accepted Use, including, but not limited to, the right to distribute, publicly display, and/or reproduce his or her likeness.
You acknowledge and agree that you are not entitled to any monetary compensation from Studio1A Productions for your submission. You agree and acknowledge that Studio1A Productions agreement to allow you to use the Studio1A Services as a medium for you to publish your submission shall be sufficient consideration for the above-referenced permission to Studio1A Productions to use your submission. You acknowledge and agree that Studio1A Productions is under no obligation to post or use any submission you may provide. You acknowledge and agree that Studio1A Productions reserves the right to review submissions posted to the Studio1A Services and to remove any and all submissions at any time, in its sole discretion.
11. Compliance with Intellectual Property Laws.
You acknowledge and agree that you are responsible for ensuring that any material, information, or content that you upload, post, submit, publish, or otherwise make available using the Studio1A Services including, but not limited to images, photographs, text, video, sound recordings, logos, slogans, software, or any other artistic expression does not violate the intellectual property rights of any third party including, but not limited to, the copyright, trademark, trade dress, trade secret or any other personal, privacy, proprietary, or intellectual property rights of any third party, or that any such material is published with the written permission of the owner(s) of such rights.
You acknowledge and agree that the Studio1A Services contain trademarked, copyrighted, and other proprietary information. You acknowledge and agree that the material, information, and/or content, including, but not limited to images, photographs, text, video, sound recordings, logos, slogans, software, or any other artistic expression, that has been uploaded, posted, submitted, published, or otherwise made available to the Studio1A Services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. As such, you acknowledge and agree that you shall not use any material, information, or content, including, but not limited to images, photographs, text, video, sound recordings, logos, slogans, software, or any other artistic expression, that have been uploaded, posted, submitted, published, or otherwise made available through the Studio1A Services in a manner that violates the intellectual property rights of any third party including, but not limited to, the copyright, trademark, trade dress, trade secret or any other personal, privacy, proprietary, or intellectual property rights of any third party.
12. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United States Code, Section 512(c)(2), any and all notifications of claimed copyright infringement should be sent to Studio1A Productions Designated Agent as follows:
mark@studio1aproductions.com
Any and all notifications that are not sent to the above-referenced e-mail address will not receive a response.
13. INTERFERENCE WITH STUDIO1A SERVICES IS PROHIBITED.
You acknowledge and agree that you will not obtain or attempt to obtain, or assist others to obtain or attempt to obtain unauthorized access to computer, system, or network not owned, controlled or expressly permitted to be accessed by you including, but limited to, computer systems or networks connected to any Studio1A Productions server or to any of the Studio1A Services, through hacking, password mining, or any other means. You acknowledge and agree that you will not obtain or attempt to obtain, or assist others to obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Studio1A Services. You acknowledge and agree that you will not disrupt, modify, impede, or interfere in any way with the operation of the Studio1A Services, or disrupt, modify, impede, or interfere in any way with others use of the Studio1A Services, whether or not you intended to cause such disruption, modification, impediment, or interference, including, but not limited to, altering or tampering with any information, content, or materials on or associated with the Studio1A Services or sending excessive data transfers such as bulk e-mail or unsolicited commercial e-mail (spam).
14. OTHER PROHIBITED AND UNLAWFUL USE.
The Studio1A Services may contain e-mail services, RSS syndicated feeds, audio and or video files and streams, bulletin board services, chat areas, news groups, forums, calendars, and/or other message or communication facilities designed to enable you to communicate with others (hereinafter collectively referred to as the Studio1A Communication Services). You acknowledge and agree to use the Studio1A Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to any of the particular Studio1A Communication Services. By way of example, and not as a limitation, You acknowledge and agree that when using the Studio1A Communication Services, you will not:
(1) use the Studio1A Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk mail, unsolicited commercial e-mail (spam) or any other duplicative or unsolicited messages (commercial or otherwise);
(2) defame, abuse, offend, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(3) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent, disturbing, illegal, infringing, scandalous, outrageous, offensive, abusive, harassing, hateful or unlawful topic, name, material or information;
(4) post or transmit child pornography;
(5) send to a minor, obtain from a minor, or obtain access for a minor of any material that is harmful to a minor;
(6) disseminate any virus, spyware, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other similar software or program that may be harmful to the operation the Studio1A Services, or harmful to the operation of any computer, system, or network not owned, controlled, or expressly permitted to be accessed by you;
(7) advertise or offer to sell or buy any goods or services for any commercial or business purpose, unless the Studio1A Communication Service at issue expressly allows such a message or Studio1A Productions expressly consents to such message in writing;
(8) download any file posted by another user of the Studio1A Communication Services that you know, or a reasonable person should know, cannot be lawfully reproduced, displayed, performed, and/or distributed in such manner;
(9) falsify or delete any copyright notice, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of documents, products, software, information, content, or any other material contained in a file that may be uploaded;
(10) create a false identity for the purpose of misleading others;
(11) use, download, harvest, collect, or otherwise copy, or provide any directory of users of the Studio1A Services, or any other user or usage information, including users e-mail addresses, or any portion thereof to any third person or entity;
(12) publish any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise would violate any local, state, federal or international law, treaty, or regulation;
(13) conduct any other activity that would constitute a criminal offense, give rise to civil liability, or that otherwise would violate any local, state, federal, international law or treaty, or regulation, or is potentially harmful to others, potentially harmful to Studio1A Productions, including its reputation and operations, or may expose Studio1A Productions to liability.
(14) violate these Terms of Accepted Use.
You acknowledge and agree to use the Studio1A Services only for lawful purposes and you acknowledge and agree that your failure to do so may subject you to civil and criminal liability. You acknowledge and agree that engaging in any of the foregoing activities may result in the termination of Studio1A Services for you. You acknowledge and agree that Studio1A Productions reserves the right in its sole discretion to determine what is potentially harmful to others, potentially harmful to Studio1A Productions, including its reputation and operations, or may expose Studio1A Productions to liability.
15. TERMINATION OF THE RIGHT TO USE STUDIO 1A SERVICES.
You acknowledge and agree that Studio1A Productions reserves the right to suspend, disconnect, or terminate your use of the Studio1A Services at any time for any reason in its sole discretion, with or without cause, and with or without prior notice to you including, but not limited to, if it determines that you have failed to comply with any of these Terms of Accepted Use. You acknowledge and agree that Studio1A Productions further reserves the right to prohibit any conduct or remove any material or content in violation of these Terms of Accepted Use or which Studio1A Productions in its sole discretion believes to be illegal, potentially harmful to others, potentially harmful to Studio1A Productions, including its reputation and operations, or may expose Studio1A Productions to liability.
16. Severability.
You acknowledge and agree that, in the event any provision, covenant, condition, or term of these Terms of Accepted Use shall be declared null and void, invalid, or held for any reason to be unenforceable by a court of competent jurisdiction, the remainder of the these Terms of Accepted Use shall nevertheless remain in full force and effect, and shall be interpreted as if such invalid provisions, covenants, or conditions were not contained herein. To this end, the provisions, covenants, conditions, and terms of these Terms of Accepted Use are deemed separate.
17. Assignment.
Your agreement to abide by these Terms of Accepted Use and your rights and obligations under the these Terms of Accepted Use may not be assigned by you in whole or in part with the prior written consent of Studio1A Productions.
18. Waiver.
No waiver of any Studio1A Productions rights or remedies contained in these Terms of Accepted Use or of any breach of any provision of these Terms of Accepted Use shall be binding unless it is in writing and signed by Studio1A Productions. No such waiver by Studio1A Productions shall prevent the subsequent enforcement of such term or be deemed a waiver of any subsequent exercise of right or breach of these Terms of Accepted Use, nor shall any waiver in any way effect any other term or condition of these Terms of Accepted Use.
19. Rights and Remedies.
The inclusion of any right or remedy contained in these Terms of Accepted Use is intended to add to Studio1A Productions available remedies, rather than limit or exclude rights or remedies not expressly discussed herein. Studio1A Productions reserves its right, at its sole discretion, to pursue any and all legal or equitable remedies available to it against you, in the event that a cause of action arises against you.
20. Dispute Resolution.
Any and all disputes that may arise in connection with these Terms of Accepted Use that are not adjusted by the parties themselves shall first be submitted to private mediation in Orange County, Florida, under the rules and regulations related to mediation pursuant to Florida Rule of Civil Procedure 1.700 et seq., unless otherwise agreed to by Studio1A Productions in writing. The cost of such private mediation shall be borne by both parties equally, unless otherwise agreed to by both parties in writing. If such dispute is not settled after mediation, either party may institute litigation as set forth herein. These Terms of Accepted Use and any disputes arising out of or relating to the subject matter of these Terms of Accepted Use shall be construed, enforced and interpreted in accordance with the laws and statutes of the United States of America and the State of Florida. Any legal action brought for the enforcement of any terms, conditions, covenants or provisions of the these Terms of Accepted Use shall be brought only in a court of competent jurisdiction in Orange County, Florida, to which all parties agree to submit themselves.
21. Headings.
The Headings of the sections of these Terms of Accepted Use are only for the convenience of the parties herein and shall not effect the constructions or interpretation of any of the terms or provisions set forth herein.




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