Nicky Avalo Studios TERMS OF SERVICE
- Introduction: Your Agreement to these Terms of Service. Welcome to Nicky Avalo Studios website (www.NickyAvaloStudios.com) and any other websites or services owned or operated by Nicky Avalo Studios (collectively, the “Website”). To access the Company Corporation Service, you (“you” or “User”) must at all times agree to and abide by these Terms of Service (“Agreement” or “Terms”). This Agreement is a legal contract between you, a user of at least 18 years of age or a single company, organization, or entity (“you” or “User” or, collectively, ” Users”), and the Nicky Avalo Studios (“Nicky Avalo Studios” or “we” or “us” or “our”) regarding your use of the Websites. The services hereunder are offered by the Company and email info@NickyAvaloStudios.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information. By accessing, browsing, using or subscribing to, or registering for use of the Website, you acknowledge that you have read, understood, and agree to be bound by the following terms, including any additional guidelines, and any future modifications (collectively, the “Terms”). If at any time you do not agree to these Terms, please terminate your use of and access to the Website.
- Age Requirements; Parental Notification and Responsibility. You represent that you are at least 18 years of age; provided that if you are under the age of eighteen (18) (a) your parent and/or guardian consents to these Terms and (b) your registration and membership to the Website (as and if applicable) shall only be processed upon confirmation of consent and authorization of your parent(s) and/or legal guardian(s) or by demonstration that you have been deemed an “emancipated minor” by a court of competent jurisdiction. Notwithstanding the foregoing, you must be fourteen (14) years of age or older to access any portion of the Website and if you are under fourteen (14) years of age you are not allowed to provide us with any personally identifiable information. You acknowledge if you provide us with any personally identifiable information and are under the age of fourteen (14), we will make every effort to destroy/delete that information. If you are a parent of a minor that has accessed this Website in violation of the terms of this Agreement, please contact us immediately at info@NickyAvaloStudios.com in order to allow us to terminate your child’s membership (if applicable) and remove all information provided by your child to the Website. Please be aware that while we attempt to ensure our Website does not contain any inappropriate material or otherwise used in an inappropriate manner, parents and guardians are ultimately responsible for monitoring their child’s use of the Website.
- Modification of These Terms. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms shall automatically be effective after they are initially posted on the Website.
- Ownership; Proprietary Rights. The Website is owned and operated by the Company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Website that are provided by the Company (the “Company 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. For clarity, the Company Materials do not include any content from third party sites, whether the Website provides a link to them or not. All the Company Materials contained on the Website are the copyrighted property of the Company or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to the Company or its affiliates and/or third party licensors. Except as expressly authorized by the Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Company Materials.
- Website Ownership. The Website is operated by Nicky Avalo Studios and is only affiliated with Nicky Avalo Studios. Nicky Avalo Studios shall be deemed the sole “Service Provider” of the Website under the Digital Millennium Copyright Act (the “DMCA”), the sole “provider of an interactive computer service” relating to the Website under the Communications Decency Act (the “CDA”), and the sole “operator” of the Website under the Children’s Online Privacy Protection Rule (“COPPA”). Similar interpretations shall apply to ownership considerations of the Website under additional local, state, national, and international statutes and laws.
- Restrictions. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms. Access to the Company Materials and the Website from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local, state, national and international rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy. Any use by a User of any of the Company Materials other than for private, non-commercial use or, in the case of paying users, their internal business purposes is strictly prohibited. You will not use the Website in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Website. You will not take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure. You will not intentionally interfere with or damage the operation of the Website or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website. You will not attempt to gain unauthorized access to the Website, or any part of it, other accounts, computer systems or networks connected to the Website, 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 Website or any activities conducted on the Website. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You agree neither to modify the Website in any manner or form, nor to use modified versions of the Website, including (without limitation) for the purpose of obtaining unauthorized access to the Website. The Website may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website. You will not utilize framing techniques to enclose any trademark, logo, or other the Company Materials without our express written consent. You will not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without our express written consent. You will not deep-link to the Website and will promptly remove any links that the Company finds objectionable in its sole discretion. You will not use any the Company logos, graphics, or trademarks as part of the link without our express written consent. You will not send junk mail to other Users, including, but 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.
- Identity Authentication. The Company uses many techniques to identify you when you register for and/or access, browse, use or subscribe to the Website. This verification is only an indication of increased likelihood that your identity is correct. You authorize the Company, directly or through third parties, to make any inquiries the Company considers necessary to validate your registration.
- User Account Information. You agree that the information you provide to the Company 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. 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, password, or any credit, debit, or charge card number), you will immediately notify the Company. You will be liable for the losses incurred by the Company or others due to any unauthorized use of your account.
- Communications; Notice. Under these Terms, you consent to receive communications from the Company electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Except as explicitly stated otherwise, legal notices shall be served on the Company’s national registered agent or to the email address you provide to the Company during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
- Assistance and Feedback. Please email info@NickyAvaloStudios.com for further assistance.
- Third Party Sites and Materials. The Website may include links to other web sites or services solely as a convenience to Users (“Linked Sites”). The Company does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, the Company makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and such advertiser. You agree that the Company 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 Website. The Company may make changes to or discontinue any of the content or services available on the Website at any time, and without notice. The content or services on the Website may be out of date, and the Company makes no commitment to update these materials.
- Termination. You agree that the Company, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with the Company. In addition, the Company reserves the right to discontinue any aspect of the Website at any time, including the right to discontinue the display of any licensed content or linked or embedded content either generally or in specific cases. You agree that any termination of your access to the Website or any account you may have or portion thereof may be affected without prior notice, and you agree that the Company will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have at law or in equity.
- Disclaimers; No Warranties. WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE WEBSITE. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. THE COMPANY DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. YOU ACKNOWLEDGE THAT THE WEBSITE MAY BE SUBJECT TO OPERATING ERRORS OR DEFECTS INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. NO SUCH EVENT SHALL CONSTITUTE A BREACH OF THIS OR ANY OTHER CONTRACT ON THE PART OF THE COMPANY, EVEN IF CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF THE COMPANY OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Indemnification. You agree to indemnify and hold the Company, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Website, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. The Company reserves the right, at our own 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.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE WEBSITE, THE WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A THE COMPANY 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, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.IN NO EVENT SHALL THE COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS 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 COMPANY SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN THE COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE WEBSITE.
- Miscellaneous. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
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 any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
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 provisions.
Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Survival. Sections 6, 9, 10, 12, 13, 14, 15, 16 and 17 will survive any termination of these Terms.
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 Agreement is the entire agreement between you and the Company relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by the Company as set forth in Section 3 above.