1. ACCEPTANCE OF TERMS
These terms and conditions ("Terms") govern the use of the Studio Think Tank website (the "Website") and all related services. (The Website and related services are collectively referred to as the "Service") and constitute an agreement between you ("you") and Wise Brother Media. Your use of the Service, including any new services or functionalities that may be made available by Studio Think Tank from time to time, is conditioned upon your acceptance of and continued adherence to these Terms. Wise Brother Media reserves the right to alter or revise these Terms at any time by notifying you as provided in these Terms, provided that no notice shall be required for non-substantive changes to the Terms. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service indicates your acceptance of any and all revised Terms. Wise Brother Media reserves the right to suspend or terminate your account at any time or discontinue your access to the Service or remove your Posts for any reason.
2. DEFINITIONS AND SERVICE DESCRIPTION
- "Member": A person that creates an account on the Service.
- "Member Content": Any content, including without limitation questions, answers, forum posts, ratings, polls, and post comments that Members post on the Service other than on the Member's Post, and all photographs that Members post on the Service (including on the Member's Post).
- "Member Service(s)" is the Member's process of including and managing Post Content and/or Member Content on the Service.
- "Post": A thread created via the Service.
- "Post Content": Any content, including without limitation text, photographs, data, audio, video, and links that a Member posts in the Think Tank.
- "Post Rating": Scoring system to determine the quality of a Post and used in programming the Service.
Studio Think Tank makes available tools to create Posts and for the Member to engage in Member Services. The Service hosts and serves the Posts, including the Post Content, to Members. Studio Think Tank may program portions of the Posts created by Members with information related to other Posts on the Service. Users can read, rate, send Posts, and search for Posts, as may be permitted by the features and functions of the Service.
Posts and Member Content that are determined to be low quality will be removed from the Service.
3. PERMITTED USES
You must register with the Service and create a Member account (including selecting a username for your Account) in order to create a Post. The service, in its sole discretion and at any time, may change, remove, reclaim, and/or reassign the screen name/username associated with your Member account (this potentially includes but is not limited to a trademark owner complaining about a username that does not closely resemble your real name). Only adults (18 years and over) may register for a Member account. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You are responsible for any and all activities occurring or content that is posted under your account. If you discover any unauthorized activity under your account, please alert Wise Brother Media immediately, by sending an email alert to email@example.com.
- You are solely responsible for your Post Content.
- You must follow specific guidelines for publishing forum posts, comments, questions and answers, and other content services that are posted on the Service.
- You may only use Post Content to which you have the necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark, and trade secrets. This means, among other things, that you must have permission to use third party content from the content owners.
By giving us your email address, you grant us permission to send communications from the Service, such as account creation confirmations, service announcements, administrative messages, and any of the opt-in daily blasts you select to that address. You may opt out of certain email communications from the Service by following the instructions on the email. You may not opt out of Service-related messages. If you do not want to receive such messages from Studio Think Tank, you must cancel your account.
4. RESTRICTIONS AND PROHIBITIONS ON USE
In your use of the Service you must abide by the following restrictions and prohibitions on use. As a Service User or Member, you may Not:
- Publish Posts or Content that include any content or links that are pornographic, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, promotes any act of cruelty to animals, or is otherwise offensive.
- Publish Posts ber Content targeted at children under the age of 13.
- Use Studio Think Tank to violate any Federal, state or local laws. Your Posts must comply with all laws regarding online conduct and acceptable content.
- Hack the Service or modify any Posts that are not your own.
- Link to any worms or viruses or any code of a destructive nature.
- Link to pages or sites that are unrelated to the topic and content of your Post.
- Remove, decompile, disassemble or reverse engineer any Studio Think Tank Software (as defined below) or use any network monitoring or discovery software to determine the Service architecture.
- Publish Posts or Content in breach of a confidentiality or fiduciary obligation you may have.
- Attempt to automatically redirect Service users to other domains, mislead users of the origins of the Post Content contained in your Posts, or use your Posts as storage for remote loading or a door or signpost to a website outside of the Service.
- Impersonate another person, Member, entity, or any representative or employee of Wise Brother Media (note that such may include the username that you select for your Member account).
- Disrupt the Service, or any servers by embedding code in the Posts or otherwise attacking the Service.
- Publish Posts or Content for any illegal activities or to promote or make solicitations for any illegal or unauthorized activity.
- Spam any User or mass email any User in an automated fashion.
- Collect personal identifiable information about the Users of your Posts and sell or transfer that information.
- Use any automatic or manual process to harvest email addresses or other information from the Service.
- Harass, threaten or intimidate Members or others who use the Service.
- Publish Posts or Content written primarily in a language other than English.
- Promote gambling or links to sites that promote/offer gambling for money.
- Display misleading tags, categorizations, and/or titles that don't match the Post's content, including irrelevant or excessive tagging.
- Engage in behavior that is overly promotional, including excessive linking to any one site or domain.
- Engage in behavior designed to manipulate Post Ratings.
- Spam to promote Posts or Profiles, including comment spam, forum spam, email spam, message spam, or similar.
- Use automation tools to create Accounts, Posts, or Member Content, to follow topics or Members, or to edit Posts. This includes, but is not limited to, article spinner software, blog and comment blasters, and similar software and online tools and services.
- Publish Posts or Post Content that are identical to, substantially similar to, or derived from other Posts and/or content published elsewhere on the Web. This applies even if you are the owner of that content and/or have the rights to publish that content online.
Your username must comply fully with all Wise Brother Media content rules and restrictions.
5. DISCONTINUATION OR MODIFICATION OF THE SERVICE
Wise Brother Media reserves the right to modify or discontinue, temporarily or permanently, the Service or any portion thereof at any time, without liability to you or any third party. In addition, Wise Brother Media, in its sole discretion, may terminate your password, account or use of or access to the Service (including Impression services as further described below), and remove and delete any Posts or Content, for any reason.
6. PROPRIETARY RIGHTS; CONTENT OWNERSHIP
The Service and any software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.Except as expressly authorized by Wise Brother Media or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. In addition, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Service are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Service, except as expressly allowed herein or via distribution tools the Service makes available to Users, such as RSS feeds and widgets, is strictly prohibited. Studio Think Tank may at any point make additional software and tools available to Members in connection with the Service ("Additional Software"). Members who incorporate such Additional Software into their Posts may have to agree to additional terms and conditions before using such software, and all rules and obligations outlined in these Terms apply to the ownership and use of such Additional Software.
In consideration for publishing or otherwise making available Post Content on the Website, and for no further consideration, the Member grants Wise Brother Media and Wise Brother Media's successors and assigns the following unconditional, unencumbered, irrevocable and perpetual rights throughout the universe and in any language: (A) the non-exclusive right to publish or otherwise make the Post content available on the Website (and any and all other non-print media); (B) the non-exclusive right to (i) edit or create excerpts from Post Content with respect to style and format so long as the substance remains consistent with the work as provided by the Member (the "Derivative Works")(the Derivative Works and Post Content are collectively referred to herein as the "Materials"), (ii) reproduce, transmit, communicate, display, distribute, publish, republish, publicly broadcast on terrestrial radio, satellite radio and the Internet, and otherwise use the Materials in digital form for display on the Website (alone or in combination with other works, including, but not limited to, text, graphics, video or audio segments, and hypertext links), (iii) reproduce, transmit, communicate, display, distribute, publish, republish and otherwise use the Materials by means of any media and technology, whether now known or hereafter to become known; and (C) if the Work includes an attribution to the author (as designated by the Member), the right to reproduce, transmit, communicate, display, distribute, publish, republish and otherwise use (and authorize others to use) the Member's name, likeness and authorized biography in connection with any use of the Materials and any elements (including, without limitation, excerpts of the Materials).
Member acknowledges and agrees that the grant to Wise Brother Media and its licensees is for the full term of any copyright relating to the Materials, and any renewals, and extensions now or hereafter in effect and for all rights (including moral rights) worldwide with respect to the Materials, including without limitation the right to the Materials or any portion thereof, in all media, whether now known or hereinafter devised, including in storage and retrieval systems of all kinds, whether now known or hereafter invented, including but not limited to mechanical, electronic or other technologies, and including but not limited to micro-processors, computer databases, CDROM media, digital media, interactive media, multimedia, sound recordings, programs for machine teaching, ephemeral screen flashing or reproduction thereof, whether by screen display, print-out, photo-reproduction, photocopy or otherwise, and whether stored on hard drives, disks, diskettes, punch cards, remote or on-line databases, microfilm, magnetic tape, computer or like processes attaining similar results and the right to publish, or authorize others to publish, condensations and abridgments of Post Content, and the non-exclusive right to publish the complete Materials or selections there from in hard copy such as anthologies, compilations, digests, newspapers, magazines and in Braille. Member acknowledges and agrees that all Content may be archived and/or included on the Website in perpetuity at the sole discretion of Wise Brother Media.
Wise Brother Media does not claim ownership of your Post Content or Member Content. Such content will be owned by you or a third party from whom you got permission to post the content. By posting Member Content on the Service, you grant the Service and its users a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to reproduce, publicly display, publicly perform, publicly broadcast on terrestrial radio, satellite radio and the Internet, distribute, modify, adapt and publish the Member Content on or in connection with the Service. You may remove your Post Content from the Service at your discretion. You may not remove your Member Content from the Service. The Service may preserve and store Post Content (including, for a commercially reasonable time, Post Content you have removed from the Service) or Member Content, and may disclose such content if required to do so by law or if Studio Think Tank believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., subpoenas); (b) enforce these Terms; (c) respond to claims that any Post or Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Wise Brother Media, its users and the public.
The Member, and not Wise Brother Media, will be fully responsible for all Post Content or Member Content that is uploaded, posted, transmitted or otherwise made available by the Member on the Service (collectively "User Content"). Wise Brother Media cannot guarantee the accuracy, integrity or quality of User Content. Wise Brother Media does not pre-screen User Content, but will have the right (but not the obligation) in its sole discretion to refuse or remove any User Content for any reason, including User Content that may violate these Terms, or that is otherwise objectionable. Wise Brother Media also cannot take responsibility for anything that your Post users may do in reliance on the Post Content you post in your Posts.
7. TRADEMARKS AND SERVICE MARKS
"Studio Think Tank," are Wise Brother Media service marks or trademarks and protected by applicable laws. Other product and company names mentioned on the Service may be the trademarks of their respective owners.
8. AUTOMATION SYSTEMS EMAIL OPT IN POLICY
When you provide Studio Think Tank an email address you are "Opting In" as defined in the anti-spam laws in your jurisdiction and giving us permission to contact you by email. We will not abuse this consent. We will send you a daily e-blast along with promotional email from time to time. Every email from Studio Think Tank should include an "unsubscribe" link with instructions. You can remove yourself from an email notification by clicking on the unsubscribe link contained at the footer of each email. The unsubscribe function at the bottom of a specific email is designed to only remove you from that particular email list, not all Studio Think Tank communications. Members can also remove themselves from email notifications by signing in to stt.wisebrother.com and visiting the "Account" page. You may opt-out of any or all emails that you wish not to receive in the future by unchecking the appropriate boxes and clicking the "Confirm" button. Please allow 48 hours to be removed from a list.
www.studiothinktank.com has a NO SPAM policy and follows the Can-SPAM Act. If you have received an unsolicited email which appears to be promoting Studio Think Tank, please forward a copy of the offending email immediately to firstname.lastname@example.org. Wise Brother Media policy is to have staff review and investigate the submission and follow up with you to communicate our findings. An easy way to recognize a fake Studio Think Tank email notification is that it will be missing an unsubscribe link and email policy link at the bottom.
9. EARNING PRIZES THROUGH STUDIO THINK TANK REWARDS
Studio Think Tank offers Members the ability to participate in lottery points and lottery drawings. NoPurchase is necessary to earn points or win lottery drawings.
Studio Think Tank Rewards Program.
You may participate in the Studio Think Tank Rewards Program, which participation will be covered under this Agreement). "Studio Think Tank Rewards Program" means that a member has a chance to win a select prize based on a random drawing. Member's chance to win is based on a Member's points. By electing to participate in the Studio Think Tank Rewards Program, you acknowledge and agree to the following:
- The Service may suspend or remove the Studio Think Tank Rewards Program or any part thereof (including your participation in it) at any time, in Wise Brother Media's sole discretion.
- You will not engage in any fraudulent or deceptive practices with respect to the use of Studio Think Tank Rewards Program.
- Wise Brother Media makes no guarantee that the Studio Think Tank Rewards Program will be operational at all times.
- You may not transfer or assign your Studio Think Tank Rewards Program account to any other person and/or entity.
- Studio Think Tank may require your participation in specific portions of the Think Tank (and meet other requirements) in order for you to be eligible to participate in the Studio Think Tank Rewards Program (including specific subcomponents thereof).
Fraud, Other Invalid Activity, and Breach.
Wise Brother Media reserves the right to withhold rewards from you if you have, directly or indirectly, engaged in activity that is deceptive or fraudulent in nature, as determined by Wise Brother Media in its sole discretion. Notwithstanding anything to the contrary, Wise Brother Media shall not be liable for any rewards from the use of Studio Think Tank Rewards Program based on: (a) any fraudulent or deceptive activities; (b) invalid activities generated by any person or automated means; (c) requests for end users to vote on your Post or repeatedly creating identical Posts to generate additional activity.
Any breach by you of this Agreement shall result in the permanent forfeiture of any Rewards for the applicable period. Notwithstanding any other remedies that Wise Brother Media may elect to pursue, such breach may result in future withholding for your account, and you agree that Wise Brother Media may seek any such amounts from you in any manner permitted by law.
With respect to your use of the Studio Think Tank Rewards Program, in order to ensure rewards, you agree to provide and maintain accurate information associated with your account, including: name, address, additional contact information (as may be requested), and any other information (as reasonably requested by the Service). You acknowledge and agree that it is your sole responsibility to provide the Service with accurate and sufficient information (as deemed by Wise Brother Media in its sole discretion) such that Wise Brother Media may make rewards to you. Wise Brother Media may not be able to deliver rewards to you, and may withhold rewards, because of any (or combination) of the following reasons, including but not limited to: you have submitted inaccurate, partial, or insufficient rewards information; you have submitted inaccurate, partial, or insufficient information; Wise Brother Media has been unable to reach you after contacting the address listed in your account; the selected rewards organization has rejected and/or returned rewards to Wise Brother Media; you have not logged into your account to provide all necessary information for the Studio Think Tank Rewards Program.
Winners of payments or prizes are subject to the express requirement that they submit to Wise Brother Media all documentation requested by Wise Brother Media to permit it to comply with all applicable state, federal, local and foreign (including provincial) tax reporting and withholding requirements. All prizes will be net of any taxes Wise Brother Media is required by law to withhold. All taxes imposed on prizes are the sole responsibility of the winners. In order to receive a prize, potential winners must submit the tax documentation within 7 days of request by Wise Brother Media or otherwise required by applicable law, to Wise Brother Media or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of the potential winner's country of residence. The potential winner is responsible for ensuring that (s)he complies with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited.
You must provide all necessary information (to both Wise Brother Media and any applicable third- parties) for Wise Brother Media to process rewards to you. You must collect the rewards posted to your account within six (6) months of such rewards being made by the Service. If after such six (6) month timeframe, either you fail to collect your rewards and/or rewards is not accepted into your account, you acknowledge and agree that the rewards represented by such uncollected rewards may be cancelled and that (if cancelled) you hereby forfeit such rewards, waive any claim relating to the dispute of such rewards, and disclaim any and all interest in such rewards.
Account Closure and Inactivity
In the event that the Agreement is terminated by Wise Brother Media and/or Wise Brother Media elects to cease your participation in the Studio Think Tank Rewards Program, then any rewards will be permanently forfeit by you (and you hereby waive any claim relating to the dispute of such rewards and disclaim any and all interest in such rewards).
In the event that the Agreement is terminated by you (pursuant to Wise Brother Media's receipt of your written termination notice) any rewards in your account will be permanently forfeit by you (and you hereby waive any claim relating to the dispute of such rewards and disclaim any and all interest in such funds).
In the event of Inactivity, any rewards in your account will be permanently forfeit by you (and you hereby waive any claim relating to the dispute of such rewards and disclaim any and all interest in such funds). "Inactivity" means that any of the following have occurred:
a) There has been no change to your points balance for a period of greater than six (6) months;
b) You have uncollected rewards or unaccepted rewards into your account for a period of greater than six (6) months; or
c) You have not responded to attempts to contact you at the primary email address listed in the contact information in your account for a period of six (6) months from the date of the first attempt to contact you for which no response has been received.
Wise Brother Media reserves the right to modify Studio Think Tank Rewards program, including without limitation the point system or rewards structure, at any time in its sole discretion. If Wise Brother Media changes any significant terms of Studio Think Tank Rewards Program, the Service will notify you by email, if reasonably practicable, at least two weeks before any such change occurs.By using the Studio Think Tank Rewards program, you acknowledge and agree that Wise Brother Media will not be responsible for, and will not be obligated in any manner to repay you for, any lost Rewards. Wise Brother Media makes no guarantee under this agreement regarding the amount of rewards you will achieve in your account. YOU UNDERSTAND AND ACKNOWLEDGE THAT THERE IS NO GUARANTEE THAT ANY MINIMUM LEVEL OF REWARDS, OR ANY REWARDS, WILL BE GENERATED AS A RESULT OF USING STUDIO THINK TANK REWARDS PROGRAM.
You agree to indemnify, defend and hold Wise Brother Media and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms or use of the Service.
THE SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE", WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WISE BROTHER MEDIA MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WISE BROTHER MEDIA WILL 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 ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, UNMEMBERIZED ACCESS TO OR ALTERATION OF YOUR POSTS, CONTENT TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE. WISE BROTHER MEDIA ALSO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE PROVISIONS OF THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WISE BROTHER MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNMEMBERIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WISE BROTHER MEDIA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO WISE BROTHER MEDIA HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WISE BROTHER MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE RELEASES HEREUNDER ARE INTENDED TO APPLY TO ALL CLAIMS NOT NOW KNOWN OR SUSPECTED TO EXIST WITH THE INTENT OF WAIVING THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "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," ASWELL AS OTHER LAWS REQUIRING PRESENT INTENT TO RELEASE FUTURE UNKNOWN CLAIMS.
The Service is controlled and operated from its facilities in the United States. Wise Brother Media makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
15. THIRD-PARTY LINKS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your content or other work has been copied in a way that constitutes copyright infringement, please provide our Customer Service Agent the following information in accordance with the Digital Millennium Copyright Act:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Customer Service Agent for Notice of claims of copyright infringement via the Service can be reached by following the procedure at email@example.com.
Wise Brother Media will terminate a user account if, under appropriate circumstances, the user is determined to be a repeat infringer of copyrights (or other intellectual property) of others.
17. GOVERNING LAW
These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions.
18. ENTIRE AGREEMENT
The failure of Wise Brother Media to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wise Brother Media without restriction.
The Service may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Wise Brother Media in our sole discretion. Wise Brother Media reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Wise Brother Media is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add firstname.lastname@example.org to your email address book to help ensure you receive email notifications from us.
22. DISPUTE RESOLUTION
If a dispute arises during your use of the Service or under these Terms, you agree to abide by the following dispute resolution process, only proceeding to the next step if the previous step has not resolved the issue satisfactorily.
1. Read our FAQ file posted at [http://www.studiothinktank.net/help] to see if your question has been previously answered.
2. Send an email to Studio Think Tank at: email@example.com describing the nature of the issue.
For any claim related to a reward under the Studio Think Tank Rewards Program, you must notify Wise Brother Media within thirty (30) days of such rewards. By failing to notify Wise Brother Media within such timeframe, you hereby waive any and all claims relating to any such disputed rewards.