Terms of Use

TERMS OF USE

Updated: April 27, 2011

The following terms and conditions (the "Terms") derive from our Mission Statement, and govern our relationship with users who interact with www.itstudioworks.com and its services therein (the “Website”) provided by ITstudio Works (the “Company”). You can always review the most current version of the Terms at this page. By using the Website, you agree to these Terms and any additional guidelines or rules posted on the Website. If you do not agree to any of our Terms or guidelines or rules, please do not use the Website and do not register to be a member of the Website.

TABLE OF CONTENTS:

  1. Definitions
  2. Privacy
  3. Posting & Sharing Content
  4. General Website Usage & Safety
  5. Protecting Others’ Rights
  6. Registration & Account Security
  7. Use of Custom User Titles, Locations, Profiles, and Signatures
  8. Advertisements & Other Commercial Content
  9. Advertisements & Other Commercial Content
  10. Using Forums
  11. Amendments
  12. Termination
  13. Disputes
  14. General Provisions
  15. How to Contact Us

 

Definitions

By "Website" we mean the features and services we make available through our website, including its community and forums at www.itstudioworks.com.

Any reference to “us,” “we,” and “our” mean ITstudio Works (the “Company”).

By "content" we mean anything you post on the Website, including facts and other information about you, including actions you take.

By "data" we mean content and information that third parties can retrieve from the Website or provide to the Website.

By "posting" we mean posting or submitting on the Website or otherwise making content available to us (such as by using an application).

By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By "user" we mean anyone who uses the Website.

By “account” we mean the registered status and membership profile of a user who has registered on the Website.

By “member” we mean a user who registers for an account on the Website.

By "application" we mean any third party software application or website that utilizes or accesses the Website.

By “forum” we mean any chat area, bulletin board, or any joint-user communication service or blog on the Website. 

Privacy

We collect, store and uses data collected from you in accordance with our Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

Posting & Sharing Content

You own all of the content and information you post on the Website, and you can control how it is shared through your profile “privacy” and “application” settings. In addition:

  1. You acknowledge that we do not monitor or control content posted to the Website and, as such, cannot and do not guarantee the accuracy, integrity or quality of such content.  You understand that by using the Website, you may be exposed to content or links to other World Wide Web sites or resources that are offensive, indecent or objectionable and under no circumstances will we be liable in any way for any content, including, but not limited to, for any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Website.  Because we have no control over external sites and resources, you also acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
  2. By posting content to the Website, you warrant and represent that you own or otherwise control all rights in and to the content, and that public posting and use of your content by us will not infringe or violate the rights of any third party. You acknowledge that any and all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated. This means that you are entirely responsible for everything you post, share, email or otherwise transmit via the Website.
  3. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your “privacy” and “application” settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Website ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others and they have not deleted it, or is posted on a forum.
  4. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  5. When you use an application, your content and information is shared with the application.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (see our Privacy Policy)
  6. When you publish content or information using the "public" setting, it means that you are allowing everyone, including people off of the Website, to access and use that information, and to associate it with you (i.e. your name and profile picture).
  7. We always appreciate your feedback or other suggestions about the Website, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).  By sending content scripts, creative suggestions, ideas, notes, drawings, documents, or other information, collectively “feedback”, directly to us through website contact forms, email, voicemail, non-electronic mail or other means of direct communication, you, the user, acknowledge and agree that your feedback automatically becomes our property without any obligation to you. We may reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the feedback in any form, anywhere and for any purpose without compensation to you. You warrant and represent that you own or otherwise control all of the rights to the feedback and by us using your feedback, we will not infringe or violate the rights of any third party.

General Website Usage & Safety

We do our best to keep the Website safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

  1. You will not upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated by us for such purpose;
  2. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website;
  3. You will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  4. You will not solicit login information or access an account belonging to someone else;
  5. You will not bully, intimidate, stalk, or harass any user, or collect or store personal data about other users or members;
  6. You will not use the Website as a means to harm anyone in any way;
  7. You will not post or link to content that: is hateful, threatening, pornographic, sexually explicit, incites violence, is illegal, contains nudity or graphic or gratuitous violence, or is determined by us to be detrimental to the Website and its community;
  8. You will not offer any contest, giveaway, or sweepstakes ("promotion") on the Website without our prior written consent;
  9. You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory including uploading, posting, emailing or otherwise transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  10. You will not do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;
  11. You will not impersonate any person or entity, including, but not limited to, us or any representative of us, including any forum leader or moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  12. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
  13. You will not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in meaningful exchanges;
  14. You will not interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  15. You will not intentionally or unintentionally violate any applicable local, state, national or international law;
  16. You will neither facilitate nor encourage any violations of these Terms.  Doing so will result in immediate suspension or termination of your account and or banning you from the Website.

Protecting Others’ Rights

We respect other people's rights, and expect you to do the same. Therefore:

  1. You will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  2. You will not upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  3. You will not collect users' content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
  4. If we allow you to collect information from users, you will: obtain their consent, make it clear you (and not us or the Website) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it;
  5. You will not use our copyrights or trademarks (including ITstudio, I.T.studio, ITstudio Works), or our logos, or any confusingly similar marks, without our written permission.
  6. You will not post anyone's identification documents or any sensitive financial information on the Website;
  7. You will not tag users or send email invitations to non-users without their consent;
  8. You acknowledge that we can remove any content you post on the Website if we believe that it violates these Terms. In addition we may, in appropriate circumstances and at our sole discretion, disable or terminate the accounts of any users who we believe may be infringing the intellectual property rights of others. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you may appeal our decision by contacting us.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us following information:
  9. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  10. a description of the copyrighted work that you claim has been infringed;
  11. a description of where the material that you claim is infringing is located on the site;
  12. your address, telephone number, and email address;
  13. 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;
  14. 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.

Registration & Account Security

Website members provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on the Website, or create an account for anyone other than yourself without permission;
  2. You are permitted a maximum of, and will create no more than one account with one personal profile, active or inactive, regardless of how many companies you represent. If you require a temporary user name for any reason, please email us. If you require a user name change, please email us. If you have forgotten your log in details and are unable to retrieve them via the system, do not create a new account, please email us.  We allow one account per member and one member per account;
  3. If we disable your account, you will not create another one without our permission;
  4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser);
  5. You will not use the Website if you are under 13;
  6. You will not use the Website if you are a convicted sex offender;
  7. You will keep your contact information accurate and up-to-date;
  8. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account;
  9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission;
  10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).

Use of Custom User Titles, Locations, Profiles, and Signatures:

The custom user title, location field, profile picture and signature options are options available to you in your account profile. Custom user titles and the location field are displayed next to your posted text, under your user name. Profile pictures are shown in your public profile. Signatures, once created in your profile, are attached to the end of your posts (if you choose the option to include your signature).

  1. URLs or other forms of advertising (phone numbers, plans, contact details, etc.) are not allowed in custom user titles or names, which are limited to 25 characters. Also, you may not use custom titles to impersonate, or attempt to impersonate our staff, user groups, or any entity you are not associated with.
  2. Your location field cannot include URLs or other forms of advertising.
  3. Signatures are a feature benefit that may be implemented and extended to more active members of our community.  These signatures:
    • Must be setup in your profile, and not manually added to your messages.
    • May not contain any pricing, plan, sales, etc. details. "Free" is considered a price in the context of this rule.
    • May not use the word "Free" to describe any cost.
    • May contain a maximum of two smilies. Or one animated smiley.
    • May include two clickable links.
    • May include two colors, plus black.
    • Maximum font size cannot be larger than normal.
    • Must be kept to a maximum of four lines when viewed at 1024x768 resolution using the horizontal postbit.
    • May not contain links to other threads or posts.
    • Please keep special characters to a minimum.
    • Your signature is your signature. It is not for sale or rent.
    • Any signature that is offensive or insulting to us, our members, or our staff, is prohibited.
  4. You acknowledge that we reserve the right to change and or remove your signature at any time, for any reason.

Advertisements & Other Commercial Content

We may deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following:

  1. You can use your profile “privacy” settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place.
  2. We do not give your content or information to advertisers without your consent.
  3. You understand that we may not always identify paid services and communications as such.

Using Forums

When using Website forums you also agree to our Forum Guidelines and any additional rules which may be posted at the top of specific forums as “Important” threads or “Announcements”.

Amendments

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. You can always review the most current version of the Terms at this page. Please check these Terms periodically for changes. Your continued use of the Website following changes to Terms will mean that you agree to those changes.

Termination and Modification

You may delete or modify your account at any time by logging into the Website and accessing your member profile settings. 

You agree that we, in our sole discretion, may terminate your password, your account (or any part thereof) or your use of the Website, or remove and discard any content within the Website, for any or no reason. We may also, in our sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of these Terms may be effected without prior notice, and acknowledge and agree that you may be barred from accessing the Website and that any and all related information and files in your account may be immediately deactivated or deleted. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website.

Limitation of Liability

We try to keep the website up, bug-free, and safe, but you use it at your own risk.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE PROVIDE THE WEBSITE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE WEBSITE WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (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 WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE WEBSITE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Disputes & Jurisdiction

The validity and effect of these Terms shall be governed by and construed and enforced in accordance with the laws of the province of British Columbia, Canada without regard to its conflicts of laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEBSITE, ITS USE, THESE TERMS, OR CONCERNING ANY OTHER POLICY OR PROCEDURE OF US, MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN BRITISH COLUMBIA (OR THE APPROPRIATE FEDERAL COURT FOR SUCH AREA), AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

You consent to having your personal data transferred to and processed in wherever jurisdiction we host the Website.

General Provisions

These Terms constitute an agreement between you and us.

These Terms makes up the entire agreement between the parties regarding the Website, and supersedes any prior agreements.

If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of these Terms, it will not be considered a waiver.

Any amendment to or waiver of these Terms must be made in writing and signed by us.

You will not transfer any of your rights or obligations under these Terms to anyone else without our written consent.

All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in these Terms shall prevent us from complying with the law.

These Terms do not confer any third party beneficiary rights.

You will comply with all applicable laws when using or accessing the Website.

Any abuse towards us, our staff and or management in any form, may result in immediate suspension of your account.

How to Contact Us

Should you have other questions or concerns about these Terms, please Contact Us by sending us an email at