Welcome to ReviewStudio. By using the ReviewStudio service and the reviewstudio.com website you are agreeing to be bound by these terms and conditions (“Terms of Service”). These Terms of Service create an agreement (the “Agreement”) between you and ReviewStudio Inc, (“ReviewStudio”) regarding your use of the ReviewStudio website and services (“Services”). Please read them carefully. If you do not agree to this Agreement, please leave the site and do not use the Services.
1. Account Terms
- You represent that your are legally able to enter into the Agreement and that if you are entering into this Agreement on behalf of an entity (such as the company you work for) that you have the legal authority to bind that entity to this Agreement.
- You must be a person 16 years or older to use the Services.
- You must provide your legal full name, a valid email address, and any other information requested in order to register an account (“Registration Information”).
- You are responsible for maintaining the confidentiality of your Registration Information. You agree to notify ReviewStudio of any unauthorized use or breach of your account.
- You are responsible for any and all activities that occur under your account whether that activity is undertaken by you or by others to whom you provide access (your “Users”). You are responsible for the compliance by your Users of your obligations under this Agreement.
- You may register for only one free trial account.
2. Data, Information and Privacy
3. Copyright and Content Ownership
- You are responsible for the content of all visual, written or audible communications, images, video, documents, files, or other materials (“Content”) posted under your account including Content posted by your Users.
- ReviewStudio claims no copyright or other ownership rights in the Content that is uploaded to the Services.
- You grant to ReviewStudio a non-exclusive, royalty-free, paid-up right and license to use, reproduce, display and distribute such Content in connection with ReviewStudio’s provision of the Services to you and your Users.
- You agree not to upload, post, email, store, transmit, or otherwise make available through the Services any Content that (a) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise deemed objectionable by ReviewStudio (“Objectionable Content”) (b) violates the intellectual property rights of any third party.
- ReviewStudio does not monitor Content, but ReviewStudio has the right (but not the obligation) to remove any Objectionable Content or Content that violates the intellectual property of any third party or these Terms of Service.
- You understand and agree that ReviewStudio cannot be responsible for the Content posted on the Services and you and your Users may be exposed to Objectionable Content. You agree to use the Services at your own risk.
- ReviewStudio has no control over, and is not responsible for the privacy of any Content that you share with others so always use caution when giving out any personally identifiable or sensitive information.
4. Payment Terms
- A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
- The paid Services are billed in advance on a monthly or annual basis (“Billing Cycle”) and are non-refundable.
- There will be no refunds or credits for partial months of service.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties, unless we are obligated to collect same in which case the amount of such taxes or duties will be added to your statement or duties to the appropriate governmental agency or to ReviewStudio at the rate and in the manner for the time being prescribed by law.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next Billing Cycle.
- Downgrading your Services may cause the loss of some functionality if your storage usage exceeds the capacity of the new plan level. Functionality will be restored when you delete the excessive Content from you account.
- If a scheduled credit card charge is declined, ReviewStudio will notify you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your rights or those of your Users from accessing the Services.
5. Modifications to the Service and Prices
- ReviewStudio reserves the right to upgrade or modify the Services with or without notice.
- ReviewStudio reserves the right to temporarily suspend or interrupt Services for periodic maintenance. Where possible, ReviewStudio shall provide at least 8 hours notice of any planned maintenance.
- Prices of all Services are subject to change upon 30 days notice.
- ReviewStudio shall not be liable to you or to any third party for any modification, price change or suspension of the Services.
6. General Conditions
- All rights to the Services and intellectual property embodied by the Services are hereby expressly reserved. The user interface of the Services, and all rights therein, are owned exclusively by ReviewStudio and ReviewStudio retains all copyright and other rights therein. You may not (a) duplicate, copy, modify or create derivative works based upon the Services; (b) reverse-engineer, reverse-compile or decompile, disassemble or otherwise attempt to discover the source code or underlying algorithms of the Services.
- By submitting comments, feedback, bug reports, product suggestions to ReviewStudio you acknowledge and agree that ReviewStudio is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.
- You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws, trademark laws or other intellectual property laws).
- ReviewStudio has the right to suspend or terminate this agreement and refuse any and all current or future use of the Services (i) immediately if you are in breach of this agreement or (ii) with 30 days email notice in accordance with 5.18. You may terminate this agreement at any time by cancelling your subscription through your account profile. Termination of the agreement will result in the deactivation or deletion of your account and the deletion of any Content associated to it. ReviewStudio does not accept any liability for such loss.
- You understand that ReviewStudio uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
- You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or with ReviewStudio.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by ReviewStudio.
- You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.
- ReviewStudio hereby represents, warrants and covenants that the service will not infringe any copyright, patent or other intellectual property right in each case to the extent arising under Canadian or US law.
- Except as expressly provided in section 5.10 above, ReviewStudio does not make any warranties of merchantability or fitness for a particular purpose. You expressly agree that the use of the Services is at your own risk. The Services are provided “As Is” and “As Available” for you’re your use without warranties or conditions, either express ,implied, or statutory. In particular, ReviewStudio does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be corrected.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT REVIEWSTUDIO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REVIEWSTUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (V) OR ANY OTHER MATTER RELATING TO THE SERVICES. YOU AGREE THAT UNDER NO CIRCUMSTANCES (EXCEPT THOSE COVERED BY REVIEWSTUDIO’S INDEMNITY IN SECTION 5.13) WILL YOU BE ENTITLED TO RECEIVE DAMAGES FROM REVIEWSTUDIO EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO REVIEWSTUDIO IN THE 2 (TWO) YEAR PERIOD PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO YOUR CLAIM.
- ReviewStudio indemnifies, defends and holds you harmless from any and all liability with respect to any third party claims against you arising out of or in any way connected with a claim that the Services infringe or violate the intellectual property rights of any third party. You indemnify, defend and hold harmless ReviewStudio from any and all liability resulting from any claim brought or made against ReviewStudio based on any (i) unauthorized use of the Service by or on your behalf, (ii) infringement or violation of any third party intellectual property rights in connection with any Content posted or otherwise made available or accessible by or on your behalf through the use of the Services, (iii) any breach by You of these Terms and Conditions, (iv) libel, slander, other forms of defamation, plagiarism, piracy or unfair competition in connection with any Content, or (v) damages suffered by any of your Users.
- In the event that either you or ReviewStudio brings a claim for indemnity under section 5.13: (i) The indemnified party shall notify the indemnifying party promptly and in writing of such claim and the indemnifying party shall be given sole control of any proceedings or negotiations in connection with the claim; (ii) The indemnified party shall take no action that materially impairs the indemnifying party’s defense of the claim; and (iii) the indemnified party shall cooperate and assist with the defense of the indemnifying party at the expense of the indemnifying party. If a claim subject to intellectual property infringement indemnification is made, ReviewStudio shall have the right to, at its option, either: (i) obtain for you the right to continue using the Services or (ii) replace or modify the Services so that such Services becomes non-infringing and still provide substantially the same functionality for Licensee.
- The failure of ReviewStudio to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ReviewStudio and governs your use of the Services, superseding any prior agreements between you and ReviewStudio (including, but not limited to, any prior versions of the Terms of Service).
- Notices to you may be provided by sending an email to the email address registered on your account. Notice to ReviewStudio may be provided by emailing email@example.com. All notices to ReviewStudio must be in the English language.
- This Agreement shall be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein, without regard to the conflicts of laws provisions thereof. In any action to enforce this Agreement, the prevailing party will be entitled to recover reasonable costs and attorneys’ fees, if applicable.
- ReviewStudio reserves the right to update and change the Terms of Service from time to time and recommends you review them on a regular basis. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.reviewstudio.com/terms_of_service.php
- This Agreements has been drafted in English at the express request of the parties hereto. Cette convention a été rédigrée en anglais à la demande expresse des parties au présents.
7. Notice and Take-down Procedures
If You believe any Content accessible on or from this web site infringe your copyright, You may request removal of those materials (or access thereto) from this web site by contacting ReviewStudio’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
ReviewStudio’s agent for copyright issues relating to this web site is as follows:
3200 Autoroute Laval
Laval, QC, H7T 2H6 Canada
In an effort to protect the rights of copyright owners, ReviewStudio maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are infringers.
This Terms of Service was last modified on February 1, 2013.