You agree that by clicking “Login”, “Register”, or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with The Essential Studio Manager. If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Register” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by loggin in and deleting your account and no longer accessing or using our Services.
This Contract applies to essentialstudiomanager.com, and other communications and other services that state that they are offered under this Contract (“Services”). Registered users of our Services are “Users” and unregistered users are “Guests”. This Contract applies to both Users and Guests.
You are entering into this Contract with The Essential Studio Manager (also referred to as “we”, “us”, and "our").
As a registered users, you are entering into this Contract with us and we will be the controller of your personal data provided to, or collected by or for, or processed in connection with our Services.
When you register and join the Essential Studio Manager Service or, you become a Member. If you have chosen not to register for our Services, you may access certain features as a Guest.”
The use of our Services are not for use by anyone under the age of 16.
To use our Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Essential Studio Manager account, which must be in your real name; and (3) you are not already restricted by The Essential Studio Manager from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for The Essential Studio Manager to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
Users are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.
Your account belongs to you and only you.
An account is considered in-active when a user creates their account but never verifies their email address.
If an account remains in-active for 30 days it will be deleted.
An account is considered stagnate when a user has not logged into their account in more than 365 days.
If an account is stagnate for 6 months we will send a notification email that the users account will be deleted if it remains stagnate for 365 days. If the users account remains stagnate for 9 months we will send a 2nd notification email letting the user know their account is coming up on 365 days and their account will soon be deleted. If it remains stagnate, we will notify the user one last time 3 days prior to deletion.
In order to prevent your account from being marked stagnate simply login every month, if you receive an email notification saying your account is going to be deleted and you want to continue using our services, just login and your account will no longer be stagnate.
If you buy any of our paid Services (“Pro Plan” or "Annual Plan"), you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
To obtain a copy of your invoice, visit the billing section of your account.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
The Essential Studio Manager reserves the right to limit your use of the Services. The Essential Studio Manager reserves the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Contract or law or are misusing the Services.
The Essential Studio Manager reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. The Essential Studio Manager's logo's, trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of The Essential Studio Manager.
TO THE EXTENT ALLOWED UNDER LAW, THE ESSENTIAL STUDIO MANAGER (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS THE ESSENTIAL STUDIO MANAGER HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), THE ESSENTIAL STUDIO MANAGER SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF THE ESSENTIAL STUDIO MANAGER EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE ESSENTIAL STUDIO MANAGER AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF THE ESSENTIAL STUDIO MANAGER HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Both you and The Essential Studio Manager may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Closing your account is simple, visit your profile and click delete account. All your data will be deleted permanently.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that The Essential Studio Manager has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
You agree that you will:
You agree that you will not:
If you want to send us notices or service of process, please contact us:
The Essential Studio Manager
2207 NE 37th Ct
Ocala, FL 34470