Thank you for visiting Atget Studio ("Atget Studio"). These terms of service govern your use of any product or services of Atget Studio including, without limitation, the Atget Studio website and any application owned by Atget Studio (collectively, the "Atget Studio Services"). By accessing or using the Atget Studio Services, you signify that you have read, understood, and agree to be bound by these terms of service ("Terms of Service"). If at any time you choose not to accept the terms of these Terms of Service, you should not access or use the Atget Studio Services.
You agree to check the Terms of Services periodically for new information and terms that govern your use of Atget Studio Services. Atget Studio reserves the right to modify the Terms of Service at any time with or without notice to you. Terms for new Atget Studio Services are effective immediately upon posting at https://www.atget.studio/tos. Atget Studio may, at its sole discretion, and at any time, discontinue any Atget Studio Services or any part thereof, with or without notice to you, or may prevent your use of the Atget Studio Services with or without notice to you.
These Terms of Service form a legally binding contract between you and Atget Studio. By using any Atget Studio Services, you affirm that you are at least 13 years of age. If you are under the age of 18 years, you may not access or use the Atget Studio Services without the consent of your parent or guardian and his or her agreement to these Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service. You may not access or use the Atget Studio Services if you are unable to form a legal binding agreement with Atget Studio. If at any time you do not comply with these Terms of Service, you should cease accessing or using the Atget Studio Services.
Any content from the Atget Studio Services provided by Atget Studio, its affiliates, employees, agents, representatives, licensors, or other third party partners including or other trademarks, logos, trade names, slogans, text, files, images, photos, videos, sounds, musical works, works of authorship or other materials or content ("Atget Studio Content") is the property of Atget Studio and is protected by appropriate trademark, copyright, trade secret or other related laws both in the United States and internationally.
Atget Studio grants you a personal, limited, non-transferable, non-exclusive license to use Atget Studio Content solely for your personal, private and non-commercial use in connection with the Atget Studio Services accessed by you. You may not copy or download any Content from the Atget Studio Services except with the prior written approval of Atget Studio or the owner of such Content. In addition, without the prior written approval of Atget Studio, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the Atget Studio Services you are using. Making unauthorized copies or distribution of Content may result in the termination of your Atget Studio Account(s), prohibition on use of Atget Studio Services, and further legal action. Any owner of the Content may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify, defend and hold harmless Atget Studio, its affiliates, employees, agents, representatives, licensors or other third party partners from any breach of these Terms of Services, any unauthorized or illegal conduct by you, or through the use of your Account, on Atget Studio Services.
The Atget Studio Services may, now or in the future, permit the submission of text, files, images, photos, videos, sounds, musical works, works of authorship or other materials and content by you (including any information regarding the good, item or object a user is seeking) ("User Content"). Atget Studio Content and User Content collectively shall be referred to as "Content". Atget Studio respects the intellectual property rights of others. You must have the legal right to upload any User Content to the Atget Studio Services. You may not upload or post any User Content on Atget Studio Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates any third party's right of privacy or right of publicity. You may upload only Content that you are permitted to upload by the owner or by law.
Atget Studio may not pre-screen any User Content and does not endorse or approve any User Content that you or other users contribute to Atget Studio Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Atget Studio Services.
When you upload User Content to any Atget Studio Service, you expressly grant to Atget Studio for Atget Studio, its affiliates, employees, agents, representatives, licensors or other third party partners, a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to use such User Content in connection with the Atget Studio Services (including without limitation, the right to publish such User Content on the Atget Studio Services and the right to create copies for back-up purposes). The Atget Studio Services to which you post User Content also permits other users to access and use that User Content. Therefore, you also grant all other users of the relevant Atget Studio Service all necessary rights to use such User Content with respect to the relevant Atget Studio Services.
Atget Studio reserves the right (but has no obligation) to remove, block, edit, move or disable User Content that is objectionable to us for any reason. The decision to remove User Content or other Content at any time is in Atget Studio's sole and final discretion. To the maximum extent permitted by applicable law, Atget Studio does not assume any responsibility or liability for User Content or for any failure to or delay in removing User Content or other Content. You are solely responsible for your User Content and may be held liable for User Content that you post.
If you are a copyright owner or an agent thereof and believe any Content infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA") by providing notice to Atget Studio through the address listed below and including the following information:
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section your DMCA notice may not be valid and we may not be able to remove infringing content.
Notifications of claimed infringement should be sent via electronic mail (email) to firstname.lastname@example.org
Atget Studio does not guarantee that any Atget Studio Services or Content will be available at all times or at any given time or that we will continue to offer particular Atget Studio Services or Content for any particular length of time. Atget Studio shall have the right (but not the obligation) to terminate your Account for non-use if you have not used your Account for a period of twelve (12) months or more.
We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Atget Studio. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility. Such third party web sites may have separate terms and conditions that you may have to comply with.
Atget Studio may terminate any Atget Studio Services at any time without notice of such termination. Atget Studio may also terminate your Account(s) for violation of these Terms of Service, illegal or improper use of your Account, or illegal or improper use of Atget Studio Services or Content as determined by Atget Studio in its sole discretion. In response to a violation of these Terms of Service or any other agreement applicable to Atget Studio Services accessed by you, Atget Studio may issue you a warning, suspend your Account or immediately terminate any and all Accounts that you have established. You acknowledge that Atget Studio is not required to provide you notice before suspending or terminating your Account. If Atget Studio terminates your Account, you may not participate in the Atget Studio Services again without Atget Studio's express prior written permission. You shall not allow any third party to use your Accounts (except, a parent or guardian if you are under the age of 18).
You have the right to cancel your Account at any time by contacting email@example.com. You agree that the cancellation of your Account or a particular Atget Studio Service is your sole right and remedy with respect to any dispute with Atget Studio.
You agree to the following rules of conduct for the Atget Studio Services or posting any Content:
Specific Atget Studio Services may also post additional rules that apply to your conduct on those services. If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Atget Studio using the one of the the following methods:
You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Atget Studio Services. Atget Studio reserves the right to terminate your Account and to prevent your use of any and all Atget Studio Services if your Account is used to engage in illegal activity or to violate these Terms of Service.
Atget Studio takes no responsibility for your use of Atget Studio Services on or through any third party service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-Atget Studio controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
Some Atget Studio Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device ("Atget Studio Software"). Atget Studio grants to you a non-exclusive, limited license to use Atget Studio Software solely for the purpose stated by Atget Studio at the time the Atget Studio Software is made available to you and in accordance with these Terms of Services. Your use of the Atget Studio Software maybe subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access Atget Studio Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Atget Studio Software. You may not modify Atget Studio Software or use it in any way not expressly authorized in writing by Atget Studio. You understand that Atget Studio's introduction of various technologies may not be consistent across all platforms and that the performance of Atget Studio Software and related Atget Studio Services may vary depending on your computer and other equipment. From time to time, Atget Studio may provide you with updates or modifications to Atget Studio Software. You understand that certain updates and modifications may be required in order to continue use the Atget Studio Software and Atget Studio Services.
The Atget Studio Services may be subject to United States export controls, and export controls of other jurisdictions. By using the Atget Studio Services or Content or downloading any Atget Studio Software from Atget Studio, you warrant that you are not located in any country, or exporting Atget Studio Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Atget Studio Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Atget Studio Services any Content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.
Atget Studio MAY FIND IT NECESSARY TO UPDATE, OR RESET THE Atget Studio SERVICES. THESE UPDATES OR RESETS MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT Atget Studio SERVICE. Atget Studio RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF Atget Studio SERVICES, Atget Studio SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. Atget Studio SERVICES, Atget Studio SOFTWARE AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS WHEREAS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF Atget Studio SOFTWARE OR Atget Studio SERVICES (INCLUDING WITHOUT LIMITATION, THE LOCATION OR EXISTENCE OF ANY FIND). Atget Studio PROVIDES Atget Studio SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE Atget Studio SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT Atget Studio WILL HAVE ADEQUATE CAPACITY FOR Atget Studio SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Atget Studio, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARISING OUT OF OR RELATING TO Atget Studio SERVICES OR Atget Studio SOFTWARE IS TO STOP USING Atget Studio SERVICES, AND TO CANCEL YOUR Atget Studio ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT Atget Studio, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON Atget Studio SERVICES OR USE OF Atget Studio SOFTWARE. IN NO CASE SHALL Atget Studio'S, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO Atget Studio FOR Atget Studio SERVICES. IN NO CASE SHALL Atget Studio OR Atget Studio AFFILIATES BE LIABLE FOR INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF Atget Studio SERVICES OR Atget Studio SOFTWARE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF Atget Studio SERVICES OR ACCOUNTS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Atget Studio, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR OTHER THIRD PARTY PARTNERS LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Upon Atget Studio's request, you agree to defend, indemnify and hold harmless Atget Studio, its affiliates, employees, agents, representatives, licensors or other third party partners against any claim for any liabilities, damages, losses, judgments and expenses, including attorneys' fees, that arise from or relate to: (a) a breach of these Terms of Service by you; or (b) any Content provided by you on or through Atget Studio Services. Atget Studio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of this Terms of Service.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Atget Studio, and the remaining portions shall remain in full force and effect.
The failure of Atget Studio to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by Atget Studio.
These Terms of Service are governed by the State of California and you expressly agree to the exclusive jurisdiction for any claim or dispute with Atget Studio, arising out of or relating in any way to these Terms of Service, your Account(s) or your use of Atget Studio Services in the federal and state courts within the jurisdiction of the United States District Court for the Central District of California. As noted above, your conduct may also be subject to other local, state, national, and international laws.