Terms and Conditions
Last Updated (16 February, 2021)
Studio On 33rd (“Studio On 33rd”, “we”, “us”, or “our”) is the operator of the www.studioon33rd.com website (the “Website”). This Agreement governs the use of the Website and your purchase of the products and services from Studio On 33rd. By purchasing a product or service from us or simply visiting our Website, you are engaging in our “Service” and you agree to be bound by these terms describe in this Terms of Use. This Terms of Use applies to all Users of the Website including but not limited to users who are visitors, browsers, or customers of the Website (collectively called the “Users”).
Please read this Terms of Use carefully before accessing our Website. The use of this Website indicates your acceptance of these terms. If you do not agree to the terms and conditions contained in this agreement, you must stop using the Website immediately.
By accessing and/or using this Website, you warrant and represent that you are at least 18 years old or the age of majority in your state or place of residence, whichever is greater. If you are under the age of 18, you may not use our Website nor provide us with any personal information. Studio On 33rd reserves the right to, at any time and without giving prior notice, terminate any User’s account and delete the User’s information on the Website if we believe the User t0 be under 18 years of age.
You warrant and represent that the information you submit at any point on the Website is true, accurate, current, and complete, and you will maintain and update this information whenever necessary during the term of this Agreement.
You represent and warrant that you will not disrupt or interfere with any Studio On 33rd server network, or equipment in relation to the Website.
You represent and warrant that you will not upload, transmit, post, or otherwise make available to the Website any junk mail, spam mail, or unsolicited email.
You represent and warrant that you will not make any attempt to gain unauthorized access to any computer system or network connected to the Website.
You represent and warrant that you will not use this Website for any illegal or unauthorized purpose.
You represent and warrant that your use of this Website will not violate any applicable law.
You represent and warrant that you will not install on the Website any software viruses, Trojan horses, worms, or any other malicious application or code.
You agree to abide by all applicable laws with respect to your use of the Website. When you register for an account on our Website, we may require you to attach an email and password to the account. You are solely responsible for any activity that takes place on your account and you must ensure your password is kept secure at all times. We recommend using a combination of upper and lower case letters, symbols, and numbers as passwords when creating an account.
The Website contains materials including logos, images, graphics, texts, and other materials provided by or on behalf of Studio On 33rd (collectively referred to as “Content”). These Contents may be owned by us or third parties and is protected under both the United States laws and foreign laws. You are prohibited from using these Contents except with our express written permission. You have no rights in or to the Content and you will not use this Content except as permitted under these Terms and Conditions.
Studio On 33rd retains all rights, interest, and title, including all intellectual property rights to the Content. You may not sell, assign, transfer, modify, license, or sublicense the Content or reproduce, publicly perform, display, make a derivative version of, distribute, or otherwise use the Content in any way for any commercial purpose. You are expressly prohibited from using or posting the Content on any other website, social media page, or in any networked computer environment except with our express written permission.
We will automatically terminate your access and/or use of the Content and the Website if you violate any part of this agreement and you must destroy all copies of the Content you may have made. The trademarks and logos of Studio On 33rd used and displayed on the Website are registered trademarks of Studio On 33rd. Other products and service names present on the Website may be trademarks owned by others.
Nothing on the Website should be interpreted as granting, by implication or otherwise, any right or license to use the Trademarks without our prior express written permission specific for such use. You are prohibited from using the Trademarks as part of a link to or from any Website unless the establishment of such a link is approved in advance by us in writing.
Product Descriptions; Typographical Errors; Website Content
We make every effort to ensure the information presented in, on or through the Website is accurate; however, at times, our Website may contain information that contains typographical errors, omissions, or inaccuracies that may relate to product descriptions, offers, pricing, shipping charges, and availability. We reserve the right to correct any inaccuracies, errors, or omissions, and to change or update the information or cancel orders without prior notice if any information on the Website is inaccurate at any time.
We are under no obligation to update, amend, or clarify information on the Website or its Service, including without limitation, pricing information, except as required by law.
Studio On 33rd makes no representations regarding the availability of the Website and its Services. You, as a result of this, admit that any use of the Website and reliance upon any Materials shall be at your sole risk and that Studio On 33rd shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
We care about the privacy of your information. By using and accessing this Website, you agree to the terms of the Privacy Policy of the Website.
The Website may contain links to third-party websites that are not affiliated to or controlled by us (Third-Party Websites). These Third-Party Websites are not checked for appropriateness, accuracies, or completeness by us, and we are not responsible for any Third-Party Website accessed via a link from the Website.
Linking Third-Party Websites to our Website do not signify endorsement or approval thereof of us. If you decide to leave our Website and go to a Third-Party Website, you do so at your own risk and you should be informed that our Terms of Use do not govern these Third-Party Websites. You are advised to review the applicable terms and policies including Terms of Use and the privacy policies of these Third-Party Websites before proceeding to release any information to the websites or access the websites. Any purchases you make through Third-Party Websites will be through other websites and we are not responsible whatsoever for such purchases which are exclusively between you and the applicable third party.
Modification and Termination of Services
Studio On 33rd reserves the right to modify, discontinue, temporarily or permanently terminate any Service of the Website with or without notice to the Users and without liability to the Users or any third party. Studio On 33rd, in its sole discretion and for any reason, may decide to terminate any User’s access to any of our Services and refuse any and all current and future access to the Website Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STUDIO ON 33RD, ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, GOODWILL, PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL STUDIO ON 33RD BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM TAMPERING, HACKING, OR ANY OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STUDIO ON 33RD ASSUMES NO LIABILITY AND IS NOT RESPONSIBLE FOR ANY (I) ERRORS OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY VIRUSES, BUGS, TROJAN HORSES, OR ANY OTHER MALICIOUS APPLICATION OR CODE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE AND (AS APPLICABLE) THE LIABILITY OF STUDIO ON 33RD’S SUBSIDIARIES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $1.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF STUDIO ON 33RD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The users shall defend, indemnify and hold Studio On 33rd, its affiliates, officers, directors, employees, consultants, representatives, and agents harmless from any and all losses, damages, judgments, suits, costs, and expenses (including litigation costs and reasonable attorneys' fees) made by any third party due to or arising out of your use and access of the Website, your non-compliance with these Terms of Use, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is judged to be unlawful, illegal, 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 deleted and such determination shall not affect the validity and enforceability of the remainder of these Terms and Conditions.
Nothing in this Agreement shall be interpreted as making either party the partner, agent, joint venture, legal representative, employer, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, commitments, or representations of any kind, or to take any action that shall be binding to the other, except as provided for herein or authorized in writing by the party to be bound. These Terms and Conditions shall be interpreted only in accordance with the laws of the state of California, and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in California. These Terms and Conditions will be binding and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto. These Terms and Conditions and the policies referenced herein constitute the entire agreement between Studio On 33rd and its users with respect to the subject matter hereof, and User has not relied upon any promises or representations by Studio On 33rd with respect to the subject matter except as set forth herein.
We may update the Terms of Use including linked policies contained herein from time to time without prior notice to you. You agree that we may notify you of the latest updates by updating the “Last Updated” date at the top of the Terms of Use.
You agree to be bound by the then-current version of the Terms of Use, including any changes we may have made since the last time you used our Website and its services. We advise you to review the Terms of Use frequently to ensure that you remain aware of any such changes. The updated Terms of Use will be effective as of the time of posting and will apply to your use of the Services from then onward.
If you have any inquiries or concerns regarding this Privacy Policy, please contact us at studioon33rd@gmail.com.