Revised April 8, 2013
The Studio 3 website (accessible online at www.studio3magazine.com and www.studio3mag.com) (the “Website”) is owned and operated by Studio 3 Enterprises, LLC (“Studio 3”). The Website exists to provide sponsored and non-sponsored information, content, products, services and other materials, including the “Studio 3 Magazine” (the “Magazine”), to people and businesses interested in fine design and upscale living.
Studio 3 provides the Website and all information, content, applications, products, services and other materials available at or through the Website, including the Magazine, the online marketplace operated by Studio 3’s wholly-owned subsidiary, Packages on the Porch, LLC (referred to as “Packages on the Porch”), the Studio 3 blog (referred to as “Design Central”), and other online forums, feedback loops, bulletin boards, webinars, wikis and chats (collectively referred to as the “Studio 3 Products and Services”), pursuant to and subject to your compliance with this Terms and Conditions of Use Agreement (this “Use Agreement”). Please read this Use Agreement carefully before accessing or using the Website or the Design Central blog, subscribing to the Magazine, purchasing any products through Packages on the Porch, or accessing or using any other Studio 3 Products and Services. By accessing and using the Website or the Design Central blog, subscribing to the Magazine, purchasing any products through Packages on the Porch, and/or accessing or using any other Studio 3 Products and Services, you accept to be bound by the terms and conditions of this Use Agreement without limitation, qualification or change by you and you agree that this Use Agreement constitutes “a writing signed by you” under any applicable laws or regulations. If at any time you do not accept all the terms and conditions of this Use Agreement, which may be modified by Studio 3 at any time in its discretion and without direct notice (unless prior notice is required by law), you must immediately discontinue use of the Website and all Studio 3 Products and Services.
In this Use Agreement, “we”, “us” or “our” refer to Studio 3, and “you” or “your” refer to each visitor, user and customer of the Website and/or the Studio 3 Products and Services, including each subscriber to the Magazine.
Access to and use of the Website is currently available without charge. If you choose to become a Studio 3 subscriber, which is also provided at no charge, you will receive a monthly email with a link to the current issue of the Magazine (see paragraph 3 below for further details).
There is currently no charge for your electronic subscription to the Magazine.
To subscribe to the Magazine, you must provide your email address along with other requested information on our electronic subscription form (click here to access a subscription form). When we receive your completed subscription form, we will send confirmation to the email address you provided and you can then confirm your subscription to the Magazine by clicking on the prompts in that email.
It is very important that the email address we have on file for you be kept up-to-date at all times and that all other information you provide in connection with your subscription is current, complete and accurate. It is your responsibility to maintain the currency, completeness, and accuracy of your subscription data and any loss caused by your failure to do so is your responsibility. Without your current email address on file, Studio 3 is unable to send you the monthly email link to the current issue of the Magazine and other timely and important information about your Studio 3 account. If you fail to maintain a current viable email address, or if you submit and/or maintain information that is not current, incomplete or inaccurate, we may reject or cancel your subscription to the Magazine.
The Website, the Design Central blog, the Magazine, Packages on the Porch, and the other Products and Services available through the Website are not directed to any person under the age of 13 and we do not direct targeted advertising to any person under the age of 13. Moreover, we do not knowingly collect, use and/or disclose personally identifiable information from any person under the age of 13. If we determine upon collection that a user is under the age of 13, we will not use or maintain his/her Personal Information without the parent/guardian’s consent, in accordance with the United States Online Privacy Protection Act of 1998 and the regulations promulgated thereunder. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
You hereby state, represent and warrant to Studio 3 that: (a) all information provided or disclosed by you to Studio 3, including as part of your subscription to the Magazine (“Subscriber Data”) is true, accurate, current and complete; (b) you will maintain and promptly update your Subscriber Data to ensure that it remains true, current, accurate and complete; and (c) you otherwise have the full right, ability and legal authority to access and use the Website and the Design Central blog, subscribe to the Magazine, purchase any products through Packages on the Porch, or access or use any other Studio 3 Products and Services available on through the Studio 3 Website.
As a condition of accessing or using the Website or the Design Central blog, subscribing to the Magazine, purchasing any products through Packages on the Porch, or accessing or using any other Studio 3 Products and Services, you agree that you will not:
Studio 3 will use reasonable efforts to restrict conduct and/or eliminate content, information or materials from the Website which violates the policies set forth in this Use Agreement. However, you recognize and agree that Studio 3 does not pre-screen all content, information or materials that may be available or accessible through the Website or other Studio 3 Products and Services, and Studio 3 may not be able otherwise to prevent, restrict and/or immediately eliminate any and all offending conduct and/or content, information or materials from the Website. Consequently, you further acknowledge and agree that (i) Studio 3 is not and cannot be responsible for any content, information or materials made available through the Website or the Design Central blog, through Packages on the Porch, or any other Studio 3 Products and Services by any third party, (ii) you may be exposed to such materials, information or content, and (iii) you bear all risks associated with the exposure to and/or use of any such materials, information or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information or content.
In all events, Studio 3 shall have the right (but not the obligation) in its sole discretion to refuse, move or remove any content, information or materials that is made available through the Website or the Design Central blog. Without limiting the generality of the foregoing, Studio 3 and its designees shall have the right to remove any content that violates this Use Agreement or is otherwise objectionable, as we determine in our discretion. You specifically agree that Studio 3 is not responsible for any content sent using and/or included in the Website or the Design Central blog, or through Packages on the Porch, or in any other Studio 3 Products and Services by any third party.
The Website may contain bulletin board services, news groups, webinars, forums, blogs (including “Design Central”) and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through the Website, via any Communications Services or otherwise, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false or unauthorized email address or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Studio 3, nor any of its members, managers, officers, directors, employees, or agents. You acknowledge that Studio 3 does not pre-screen all content, but that Studio 3 and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any content that is made available via the Communication Services. Without limiting the foregoing, Studio 3 and its designees shall have the right to remove any content that violates this Use Agreement or is otherwise objectionable, as we determine in our discretion. You specifically agree that Studio 3 is not responsible for any content sent using and/or included in the Communications Services by any third party.
Facts and information at the Website are believed to be accurate at the time they were placed on the Website. Changes may be made at any time without prior notice. All data provided on the Website is to be used for information purposes only. The information contained on the Website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Studio 3 and such information should not be relied upon as all-inclusive or accurate.
The information contained in the Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in the Website without seeking appropriate advice on your particular facts and circumstances from professional advisors in your state. The author, Studio 3 and its owners expressly disclaim all liability in respect to actions taken or not taken based on any or all the contents of the Website.
Any software that is made available to access, use, view and/or download in connection with the Website (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by Studio 3, one or more companies commonly owned by or with Studio 3, and/or their licensors and suppliers, and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Studio 3 accepts no responsibility or liability in connection with any Software owned or controlled by third parties
We respect the intellectual property rights of others, and we ask that you do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We will also disable and/or terminate the accounts of subscribers who we believe are infringing copyrighted works. Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available by clicking here. By accepting this Use Agreement, you agree also to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Use Agreement.
IN NO EVENT SHALL STUDIO 3 OR ANY COMPANY COMMONLY OWNED BY OR WITH STUDIO 3 OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, OR OTHER AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (i) loss of goodwill, business, revenue, profits, use, data, business opportunity, or other economic advantage; (ii) your inability to use, unauthorized use of, performance or non-performance of the Website or the Design Central blog, Packages on the Porch, or any other Studio 3 Products and Services; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Website or the Design Central blog, in the Magazine, in any products available for sale through Packages on the Porch, or in any other Studio 3 Products and Services or any information, software, products, services, and related graphics obtained through the Website or in any other Studio 3 Products and Services; (vi) any transactions entered into through the Website, including any transactions through Packages on the Porch;” (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components, during or on account of access to or use of the Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Website or the Design Central blog, the Magazine, Packages on the Porch, and/or any other Studio 3 Products and Services.
THESE LIMITATIONS SHALL APPLY REGARDLESS OF HOW ANY ALLEGED DAMAGES ARISE, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTIOUS ACTION, OR ARISING OUT OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE OR THE DESIGN CENTRAL BLOG, INCLUDING THE MAGAZINE OR ANY PRODUCTS SOLD THROUGH PACKAGES ON THE PORCH, EVEN IF STUDIO 3 OR ANY COMPANY COMMONLY OWNED BY OR WITH STUDIO 3 OR THEIR AGENTS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THIS LIMITATION OF LIABILITY, OR THE EXCLUSION OF REPRESENTATIONS AND WARRANTIES BELOW, IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF STUDIO 3 AND/OR ANY COMPANY COMMONLY OWNED BY OR WITH STUDIO 3 AND/OR ANY OF THEIR AGENTS FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING AND USING THE WEBSITE OR THE DESIGN CENTRAL BLOG, THE MAGAZINE, PACKAGES ON THE PORCH, OR ANY OTHER STUDIO 3 PRODUCTS AND SERVICES AND AGREEING TO THE TERMS OF THIS USE AGREEMENT, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, §1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." FURTHERMORE, IF YOU ARE A RESIDENT OF ANOTHER STATE OR JURISDICTION, YOU AGREE TO WAIVE IN ADVANCE ANY SIMILAR LAWS OF SUCH OTHER STATE OR JURISDICTION.
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE OR THE DESIGN CENTRAL BLOG, THE MAGAZINE, PACKAGES ON THE PORCH, AND/OR ANY OTHER STUDIO 3 PRODUCTS AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND ALL CONTENT (INCLUDING THE MAGAZINE), SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS, AND OTHER MATERIALS CONTAINED WITHIN OR AVAILABLE THROUGH OR FOUND AT THE WEBSITE AND/OR IN ANY OTHER PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS", “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND BY STUDIO 3 OR ANY COMPANY COMMONLY OWNED BY OR WITH STUDIO 3 OR THEIR AGENTS. STUDIO 3 AND ANY COMPANY COMMONLY OWNED BY OR WITH STUDIO 3 AND THEIR AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT (INCLUDING THE MAGAZINE) OR MATERIALS INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, STUDIO 3 AND ANY COMPANY COMMONLY OWNED BY OR WITH STUDIO 3 AND THEIR AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES. STUDIO 3 AND ANY COMPANY COMMONLY OWNED BY OR WITH STUDIO 3 AND THEIR AGENTS MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE AVAILABLE OR ACCESSIBLE AT ANY PARTICULAR TIME OR WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRSUES AND/OR OTHER HARMFUL COMPONENTS. STUDIO 3 AND ANY COMPANY COMMONLY OWNED BY OR WITH STUDIO 3 AND THEIR AGENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN OR AVAILABLE THROUGH THE WEBSITE, INCLUDING THE MAGAZINE, FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHIC CONTENT. STUDIO 3 AND ANY COMPANY COMMONLY OWNED BY OR WITH STUDIO 3 AND THEIR AGENTS ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN TRANSMISSIONS OR RECEIPTS OF ANY INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
You agree to indemnify, defend and hold harmless Studio 3 and any company commonly owned by or with Studio 3 and their respective members, managers, officers, directors, employees, agents, and licensors from and against any and all claims, causes of action, demands, liabilities, damages, losses, expenses (including reasonable attorneys' fees and costs) and assessments (including tax assessments) arising out of or in any way related to: (a) your access to or use of the Website or the Design Central blog, the Magazine, Packages on the Porch, or any other Studio 3 Products and Services; (b) your subscription to the Magazine; (c) any product, content (including the Magazine), information or materials available on or through the Website; (d) your breach or purported or threatened breach of any provision of this Use Agreement or any warranty you provide herein, or (e) your violation or purported or threatened violation of any applicable laws, rules, regulations or rights. You agree to cooperate fully with Studio 3 and any company commonly owned by or with Studio 3 and their agents in asserting any available defenses in connection with a claim subject to indemnification by you under this Use Agreement.
The Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Studio 3. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Studio 3 does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Studio 3 will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for any Studio 3 Products and Services.
Studio 3 may display advertisements for the goods and services of a third party on the Website, including in connection with co-promotions, sponsorships and other similar partnership arrangements. Studio 3 does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on the Website or in any Studio 3 Products and Services.
Studio 3 reserves the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate or necessary, in our sole discretion, with respect to your subscriber account immediately, without prior notice or liability, for any reason. If we terminate your subscriber account, your right to access or use that account will immediately cease. You may terminate your subscription account at any time and for any reason, and we will make available through the Website reasonable means for you to do so. All provisions of this Use Agreement will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
You recognize that accessing materials on the Website by certain persons in certain countries may not be lawful, and Studio 3 makes no representation that the Magazine or other materials available on or at the Website or the Design Central blog are appropriate or available for use in locations outside the United States. If you choose to access the Website or the Design Central blog from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from the Website. No software or any other materials associated with the Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.