These are the terms and conditions that constitute the official Terms of Service (“Terms of Service”) between you (“you”, “your” and “yours”) and The Photo Studio Group LLC, D/B/A Studio 1 Photography (listed below as Studio 1) that apply to your use of our Website and services. We will use the term “Website” or “Websites” to mean and include the primary Studio 1 website on the World Wide Web at https://studio-1.us/.

 

When you use or take advantage of any features or functions of our Website or Services or participate or engage in activities or transactions we make available in connection with our Website or Services, you are also confirming your agreement to be bound by and comply with any and all of the additional terms and conditions that we indicate apply to you in doing or attempting to do those things (referred to individually and collectively, as “Additional Terms”). Our Privacy Policy, as well as any written or Additional Terms that apply to you, are all part of these Terms of Service and form a part of your agreement with us regarding the Website and Services.

 

The words “use” or “using” means any time you, or any other individual, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Website or the Services, transmit, receive or exchange data or communicate with the Website or the Services, or in any way utilizes, benefits, takes advantage of or interacts with any function or feature of the Website or the Services, for any purpose whatsoever. Anyone using our Website or Services, including you, may also be referred to as a “user.”

 

The Website and Services are only available to: (i) users who are older than 18 years of age provided they consent to these Terms of Service, and (ii) users who are younger than 18 years of age (or the applicable age of majority in your place of residence) only if such user’s parent(s) or legal guardian(s) consent to the user’s use of the Website or Services and the parent(s) or legal guardian(s) agree to these Terms of Service. If you are a parent or legal guardian registering on behalf of a minor you are agreeing to be fully responsible for the minor, comply with and enforce compliance with these Terms of Service. If you are a parent and do not agree with these Terms of Service, do not register, allow or condone your minor to use the Website or any Services. If you are a minor, by using our Website or Services, you are certifying to us you have your parent’s consent to use our Website or Services and agree to be bound by and comply with these Terms of Service.

 

Studio 1 provides a paid online services including, but not limited to, home pages and digital composite cards, but not limited to, the Website. These Services are limited to paying members only. Your photos, likenesses or characterizations, or other materials showcasing you may (but we shall be under no obligation to do so nor shall any of the payments hereunder be in consideration of any such submission(s) be submitted to any of the many industry professionals worldwide (hereinafter “Professional Members”), if your information fits the criteria they have requested. 

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WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY LIKELIHOOD OF PROFESSIONAL REQUESTS RESULTING FROM THE SERVICES PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT THE LIKELIHOOD OF BEING CONTACTED ON ACCOUNT OF YOUR ONLINE COMPOSITE CARD IS LIMITED IN LIGHT OF THE HIGHLY COMPETITIVE NATURE OF THE ENTERTAINMENT INDUSTRY. YOU ARE RESPONSIBLE FOR THE APPLICABLE MEMBERSHIP FEE REGARDLESS OF WHETHER OR NOT YOU ARE CONTACTED BY A PROFESSIONAL MEMBER AND UNDERSTAND AND AGREE ALL PAYMENTS AND SERVICES ARE FINAL AND NON-REFUNDABLE.

 

STUDIO 1 WILL NOT (1) PROCURE OR OBTAIN, OR OFFER, PROMISE OR ATTEMPT TO PROCURE, OBTAIN, OR ASSIST IN PROCURING OR OBTAINING, EMPLOYMENT FOR YOU, (2) MAKE YOU AVAILABLE TO EMPLOYERS SEEKING EMPLOYEES ON A PART-TIME OR TEMPORARY ASSIGNMENT BASIS, (3) PROCURE, OBTAIN, OFFER, PROMISE, OR ATTEMPT TO PROCURE OR OBTAIN, EMPLOYMENT OR ENGAGEMENTS FOR YOU AS AN ACTOR, ACTRESS, PERFORMING ARTIST, VOCALIST, MUSICIAN OR MODEL, OR (4) ACT AS A PLACEMENT FIRM, CAREER COUNSELING SERVICE, OR RESUME SERVICE.

 

STUDIO 1 WILL NOT ADVERTISE TO YOU IN ANY MANNER THE FOLLOWING SERVICES FOR A FEE: CAREER COUNSELING; VOCATIONAL GUIDANCE; APTITUDE, ACHIEVEMENT OR VOCATIONAL TESTING; EXECUTIVE CONSULTING; PERSONNEL CONSULTING; CAREER MANAGEMENT, EVALUATION, OR PLANNING; THE DEVELOPMENT OF RESUMES AND OTHER PROMOTIONAL MATERIALS RELATING TO THE PREPARATION FOR EMPLOYMENT; OR REFERRAL SERVICES RELATING TO EMPLOYMENT OR EMPLOYMENT QUALIFICATIONS.

 

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(A) “Content” refers to all content, music, audio, video, audio-visual, text, graphics, artwork, illustrations, images, photographs, data, information, databases, designs, other proprietary information and materials and all copyrightable or otherwise legally protectable elements of the Website and/or the Services, tangible or intangible, including, without limitation, the selection, sequence, ‘look and feel’ and arrangement of items, as well as all copyright and other rights in Marks or other intellectual property which you may encounter, are provided by, available from, or for your use in connection with our Website and Services. We use the term “Marks” to refer to trademarks, service marks, logos, brands and brand names, trade dress and trade names and all other distinctive identification. Marks that are not our property are used with permission. You will not alter, delete, obscure or conceal any copyright or other notices, nor will you reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate or use any Content in violation of these Terms of Service, without our express written consent. You also will not copy, modify, display, broadcast, transmit, perform, transfer, distribute or use Content in violation of these Terms of Service or any laws or regulations and you shall only store, record, play back and download Content for which you have the necessary authorization, permissions, licenses and clearances. You agree not to authorize, encourage or allow anyone else, directly or indirectly, to do anything you are not permitted to do under these Terms of Service.

 

(B) You are solely responsible for any materials you submit to us or through our Website including, without limitation, tear sheets, home pages, images, online composite cards, head shots, portfolios, MP3 playback voice recordings, videos, video files and bulletin boards, may provide members with an opportunity to create a profile, transmit, submit, and/or exchange Personal Information, images, photographs, recordings, messages, chat, ideas, opinions or other information, transmissions or material (“Submissions”) to us, other users (including Subscribers) and sometimes, other third parties. You acknowledge and agree that Submissions are the sole responsibility of the person from which such Submissions originated and to be specific, you, (not us or any other party) are entirely responsible for the consequences of your Submissions. Submissions do not reflect our views and we have no obligation to monitor, endorse, edit or screen any Submissions, although we reserve the right to do so. Even if we do, we have no obligation to continue to do so or do so continuously and we may do so randomly, sporadically, continuously or not at all and in some or no portions of our Website or Services. In no event shall we have or be construed to have any responsibility or liability for or in connection with any Submission whatsoever, even Submissions in violation of this Agreement. If we determine that any Submission does or may violate any of the terms or conditions that apply to you or any law or regulation, we reserve the right, at any time and without limiting any and all other rights we may have, to: (a) refuse to allow you to submit Submissions; (b) remove and delete your Submissions; (c) revoke your registration, status as a member and your right to use the Website or Services; and/or (d) use any technical, legal, operational or other means to enforce your compliance, including, without limitation, blocking specific IP addresses or deactivating your registration, your status as a member and/or your use of our Website or Services. We assume no responsibility for deletion of Submissions or any failure to store, receive or deliver Submissions in a timely manner or any other matter relating to Submissions.

 

(c) If a Submission originates from your email, you agree: (a) you are placing the Submission in the public domain without reservation of any rights or further control over the Submission or its use and you specifically authorize us, at our option, to use such Submission in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, discovered or developed, whether alone or together, in combination or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant (i) the Submission is original to you or fully cleared for use as described above, (ii) the Submission does and will not, in any way, violate or breach any of the terms or conditions that apply to you or any other agreement you may be bound by, (iii) the Submission does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right of any other party or contain any matter the publication or sale of which will violate any federal, state or local statute, regulation, ordinance or court order, (iv) the Submission is not obscene or in any other manner unlawful, (v) the Submission shall not be injurious to the health of any person, including any user or member, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any Submission; (c) if your Submission incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant you have the right to place such Submission in the public domain and grant us the right to use such Submission as described above; and (d) we have the right to delete, re-format and change your Submission in any manner we determine. If you believe any Submission on the Website or any Services violates any of the terms of the Agreement, please notify us about it at inquiries@studio-1.us . We cannot guarantee we will respond to your notice and we reserve the right to take or refrain from taking any or all steps available to us once we receive any notice.

 

(D) You hereby expressly authorize Studio 1 to use your Submissions including, without limitation, your photographs, images, audio and video recordings and tear sheets, for Www.studio-1.us’s advertising and/or for publicity purposes in all media now known or hereafter developed, with no compensation, royalty, acknowledgment or credit, in any form, due to you.

 

Studio 1 reserves the right to modify or remove anything submitted to the Website or in connection with the Services and to cancel any membership, at any time, for any reason and without prior notice. In addition, Studio 1, in its sole discretion, may terminate your account including accounts of paying users, or block your access to certain user features including, but not limited to, the user forums, for violation our listed policies.

 

Your use of our Website and Services is subject to all applicable local, provincial, state, national and international laws and regulations and international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your email address, account or user ID. The following is a non-exclusive list of prohibited uses and content.

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You agree to defend and indemnify us, our parent, subsidiaries and affiliates, as well as our and their officers, directors, employees, members, managers, representatives, advertisers, sponsors, business and promotional partners, operational service providers and suppliers against any and all demands, claims and actions (including, without limitation, any claim you have improperly downloaded, used, encoded, decoded, compressed, copied, displayed, broadcast, adapted, accessed, exported or transmitted any Content) (“Claims”) and you will hold us harmless from and against all losses, damages, costs and expenses (including reasonable attorneys’ fees) (“Losses”) resulting from your breach or violation of these Terms of Service, the public posting or display of any material, content or items you submit or provide or your alteration, unauthorized use or export of Content, information, messages or communication, as well as your violation of law or regulation or your infringement, misappropriation or any violation of the rights of any other party. We reserve the right to assume the exclusive defense and control of any such Claims and all negotiations for their settlement or compromise, and you agree to fully cooperate with us.

 

Studio 1 provides its services on a commercially reasonable basis and does not guarantee that users and/or users will be able to access or use the services at times or locations of their choosing. Specifically Www.studio-1.us reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that Www.studio-1.us should not be liable to you or to any third party for any modification; suspension or discontinuance of the service and no refund shall be given in any event.

 

Studio 1 runs advertisements and promotions on Www.studio-1.us sites, including, but not limited to, social media. By creating your Www.studio-1.us site, you agree that Www.studio-1.us has the right to run such advertisements and promotions in a manner and with such frequency that is subject to change. Your dealings with the advertisers and their promotions found on or through the service, including payment and delivery of related goods or services are solely between you and the advertiser. You agree that Www.studio-1.us should 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 service.

 

The display of URLs, hypertext links anywhere on our Website or any other form of re-direction of your connection to, with or through our Website (‘links’) is not an endorsement, nor do we have any obligation, responsibility or liability resulting from any links. We do not verify or have any responsibility for any other parties or websites (including their privacy policies) or for any of their goods or services even if we separately have a marketing, advertising or other promotional arrangement with them. If a third party obtains information from or about you, we have no responsibility or liability for their conduct or activities. Our Privacy Policy describes how we collect and use Personal Information that we obtain from you.

 

STUDIO 1 IS NOT RESPONSIBLE FOR ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY OTHER PERSON, INCLUDING, BUT NOT LIMITED TO, PROFESSIONAL MEMBERS, CASTING NOTICES OR AFFILIATES OF STUDIO 1 .

 

OUR WEBSITE AND SERVICES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE WEBSITE OR SERVICES WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

 

WE ARE ALSO NOT LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF OUR WEBSITE OR SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF OUR WEBSITE AND/OR SERVICES.

 

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR OUR PARENT, SUBSIDIARIES, AFFILIATES, SUCCESSORS, MEMBERS, OR ASSIGNS NOR OUR OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ADVERTISERS, SPONSORS, BUSINESS OR PROMOTIONAL PARTNERS, OPERATIONAL SERVICE PROVIDERS OR SUPPLIERS, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER AND IF APPLICABLE, YOUR REGISTRATION, YOUR ACCOUNT, MEMBERSHIP, ANY PROMOTIONS, PRODUCTS OR OTHER FEATURES, FUNCTIONS, TRANSACTIONS OR ACTIVITIES ASSOCIATED WITH OR ARISING FROM OR THROUGH OUR WEBSITE OR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, THE LEGAL THEORY OR THE BASIS OF THE CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION ON REMEDIES, DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL REMAIN ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS ON REMEDIES, DAMAGES AND LIABILITY AVAILABLE AT LAW AND IN EQUITY. IN SUCH SITUATION, HOWEVER, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR DAMAGES OR OTHERWISE EXCEED ONE HUNDRED DOLLARS (US$100), NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

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YOU AGREE IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH ANY ASPECT OF OUR WEBSITE OR SERVICES OR ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE WHICH CONSTITUTES YOUR AGREEMENT WITH US, THEN TERMINATION OF YOUR MEMBERSHIP, REGISTRATION AND USE OF OUR WEBSITE OR SERVICES IS YOUR SOLE RIGHT AND EXCLUSIVE REMEDY, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU ACKNOWLEDGE AND AGREE WE HAVE NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY. UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY OBLIGATION TO REFUND ANY MONIES ACTUALLY PAID BY YOU FOR YOUR MEMBERSHIP OR ANY SERVICES.

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Our Website has a finite, and therefore limited, capacity and so some downloads, messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become inoperable. You acknowledge and agree we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver downloads, transactions, messages, transmissions, postings or any of your information or communications or for any failure or delay. Do not rely on the timeliness or performance of our Website for any transactions, transmissions, messages, information or other communications.

 

STUDIO 1 MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE MEMBER PAGES OR THE ASSOCIATED STORAGE FACILITIES. Www.studio-1.us IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES; INDIVIDUAL MEMBERS ARE RESPONSIBLE FOR MONITORING AND CREATING BACKUPS OF THEIR PAGES.

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The term of your membership begins on the date you register as a member of Studio 1 (i.e., the date your contact information (name, address, email address, billing information) is entered into the Www.studio-1.us database) and will continue on a monthly basis according to the applicable membership subscription type you selected at registration time, until you cancel your membership as set forth below, unless it is otherwise canceled by Studio 1 pursuant to these Terms of Service. You can cancel your membership at any time by delivering thirty (30) days written notice to Studio 1 via email sent to inquiries@studio-1.us . A confirmation email will be sent upon receipt of such notice. EXCEPT AS REQUIRED BY APPLICABLE LAW, REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION OR ENROLLMENT. WE DO NOT PROVIDE CREDITS, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH. 

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In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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The casting notices on the website are from third party sources and you are advised that you should perform your own independent review and research of the content and/or any third parties associated with the content. Studio 1 has advised you, and you agree that Studio 1 has advised you, that you should never pay any fees or accept a prepayment to/from any third party for casting and/or submissions opportunities on the Website.

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These Terms of Service constitutes the entire agreement between you and Photo Studio Group, LLC d/b/a Studio 1 with respect to the subject matter hereof and governs your use of the service, superseding any prior agreements between you and Www.studio-1.us (including, but not limited to any prior versions of the Terms of Service). You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The Terms of Service and the relationship between you and The Photo Studio Group, LLC d/b/a Studio 1 shall be governed by the laws of the State of New York without regard to its conflict of law provisions.