User Agreement

Revised On: April 25, 2018

Thank you for checking out The Essential Studio Manager. This user agreement is what we expect from you as a user and what you can and cannot do with our software.


Introduction


Contract

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.

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.

The Essential Studio Manager

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.

As a Guest of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.

Users and Guests

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.”

Change

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

1. Obligations


Eligibility to Use Our Services

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.

Your Account

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.

Payment

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:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • We may continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. Learn how to cancel or suspend your Premium Services.
  • All of your purchases of Services are subject to The Essential Studio Manager's refund policy.
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

To obtain a copy of your invoice, visit the Billing section of your account.

Notices and Messages

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.

2. Rights and Limits


Service Availability

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.

Limits

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.

Intellgectual Property Rights

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.

3. Disclaimer and Limit of Liability


As Is (No Warranty)

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.

Exclusion of Liability

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.

4. Termination


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:

  • Our rights to use and disclose your feedback;
  • Sections 4, 6, 7, and 8.2 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.

Closing your account is simple, visit your profile and click delete account. All your data will be deleted permanently.

5. General Terms


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.

6. The Essential Studio Manager's "Dos and Don'ts"


Dos

You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use the Services in a professional manner.
Don'ts

You agree that you will not:

  • Create a false identity on The Essential Studio Manager, misrepresent your identity, create a User profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  • Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  • Override any security feature or bypass or circumvent any access controls or use limits of the Service;
  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of The Essential Studio Manager;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others);
  • Violate the intellectual property or other rights of The Essential Studio Manager, including, without limitation, (i) copying or distributing our tutorial videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word The Essential Studio Manager or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • Imply or state that you are affiliated with or endorsed by The Essential Studio Manager without our express consent;
  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  • Violate the additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

7. How To Contact Us


If you want to send us notices or service of process, please contact us:

The Essential Studio Manager
Attn: Legal Department (Privacy Policy and User Agreement)
2207 NE 37th Ct
Ocala, FL 34470
USA