Terms of service
Last revised December 12, 2017
TERMS OF SERVICE
Please read these Terms of Service (this "Agreement" or "Terms of Service") carefully before using the www.studiotorch.com ("the Site") operated by StudioTorch, LLC ("us", "we", "our" or “StudioTorch”). This Agreement sets forth the legally binding terms and conditions for your use of the Site. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. You are only authorized to use the StudioTorch Services (defined below) regardless of whether your access or use is intended if you agree to abide by all applicable laws and to these Terms of Service. Please read these Terms of Service carefully and save it. If you do not agree with it, you should leave the Site immediately. If you wish to become a Member and utilize any of the online services, you must read these Terms of Service and indicate your acceptance during the registration process.
In order to access some features of the Site, you will have to create a Client Account (a “Client Account”). You may never use another person's Client Account. When creating your Client Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Client Account, and you must keep your account password secure. You must notify us immediately of any breach of security or unauthorized use of your account. StudioTorch is not responsible for maintaining the security of your password.
MEMBER SERVICES AND POLICIES
For rules and regulations related to your Membership, please review the Membership Rules and Regulations as part of your Membership Package.
LIMITATION OF LIABILITY
IN NO EVENT SHALL STUDIOTORCH, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR ANY DAMAGES CAPABLE OF REMEDY AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR SERVICES AVAILABLE THEREON.
NOTWITHSTANDING THE FOREGOING, SOME OF THE FOREGOING EXCLUSIONS OF CERTAIN WARRANTIES AND/OR THE LIMITATION AND/OR EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT ALLOW IT.
You agree, as additional consideration for your use of the Site, to fully indemnify and hold harmless StudioTorch and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Site, your connection to the Site, your violations of the Terms of Service, any content you submit to the Site, post, transmit or otherwise make available through the Site, or your violation of any rights of another.
INTELLECTUAL PROPERTY AND TRADEMARKS
The content on the Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to StudioTorch, subject to copyright and other intellectual property rights under the law. Content on the Site is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. StudioTorch reserves all rights not expressly granted in and to the Site and the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or services, provided by you to StudioTorch is non-confidential and shall become the sole property of StudioTorch, for which you are not entitled to compensation of any kind. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein. "StudioTorch," StudioTorch icons and other graphics, logos, wordmarks, and designs are trademarks of StudioTorch in the U.S. and/or other countries for which applications are pending. StudioTorch trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of StudioTorch.
The StudioTorch Site may include certain services that may be available via your mobile phone, including but not limited to (i) the ability to book and/or purchase StudioTorch memberships, classes, apparel or other items via your mobile phone, (ii) the ability to receive and reply to StudioTorch messages, (iii) the ability to browse the Site from your mobile phone and (iv) the ability to access certain StudioTorch features through a mobile application you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of such Mobile Services and the cost of such Mobile Services.
You acknowledge and agree that StudioTorch has the right at any time and in such frequency as it determines to suspend, modify, or terminate the Site and/or your access to it in whole or in part, in whole or part, with or without notice to you. You further acknowledge and agree that StudioTorch shall not be liable to you or any third party for any such suspension, modification, or termination of the Site or the services offered thereon for any reason.
Under some circumstances, StudioTorch reserves the right to terminate your access to the Site or the services offered thereo, in whole or in part, immediately and without notice to you. Reasons for such a termination include, without limitation, (i) a breach or breaches of the Terms of Service or other agreements and/or guidelines incorporated herein by reference, (ii) engagement by you in conduct that is deemed by StudioTorch, in its sole and exclusive judgment, to be fraudulent or constituting an illegal act, (iii) a request made by law enforcement or other government agencies, (iv) a request made by you (self-selected termination); (v) suspension, termination, or material modification of the Site, the services offered on the Site, or a portion thereof; (vi) unanticipated technical or security problems or issues; (vii) periods of extensive account inactivity; (viii) failure by you to pay or timely pay any fees, charges, or other monies due StudioTorch; and (ix) violation of any agreement entered into in connection with your use of the Site or the services offered thereon. Any termination by StudioTorch of your account and/or access to the Site or the services offered thereon will include, without limitation (i) removal of access to any and all offerings on the Site, including your Client Account, (ii) deletion of your secure password, log in information and related accounts, including all historical transaction data and summaries, if any, and (iii) a prohibition against your ability to use the Site and the services offered thereon at any time in the future. You acknowledge and agree that any termination for cause is in StudioTorch’s sole and exclusive discretion and that any termination of your access to the Site, the services offered thereon and/or your Client Account shall not cause StudioTorch to be liable to you or any third party for any reason. Any membership fees remaining owed to StudioTorch following a termination, modification or suspension shall remain due and payable in accordance with the terms set forth in any such membership services agreement or contract.
THIRD PARTY SITES
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Ohio, United States of America, without giving effect to any principles of conflicts of law and should understand that you are submitting the jurisdiction of the United States regardless of where you are physically located.
CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of any update. We encourage you to review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
If you have any questions about these Terms of Service, please contact us at: Contact@studiotorch.com.