In consideration of StudioPlus providing you with the Services, you agree to comply with this User Agreement (the “UA”). If you do not agree to the terms and conditions contained in the UA, we do not consent to provide you with access to the Services.
You are granted a revocable license to use the Services according to the terms and conditions contained herein. The Services and all images, software, platforms, tools, graphics, data, text, code, any trademarks and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof are the property of StudioPlus or its third party licensors and are protected by United States and international intellectual property laws.
Users: YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. You may not print, republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner without our prior written permission. Except for normal use by registered account holders who are paying to use the Services, modification of the content or use of the content for any purpose, other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
You may not post or obtain any content using the Services which: is threatening, obscene, pornographic or profane, or would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law, or contain promotions, political campaigning, advertising or solicitations, or be disruptive and harmful, any other material that could give rise to any civil or criminal liability under applicable law. While StudioPlus does not and cannot review all content provided to it, and is not responsible for such content, StudioPlus reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable, without notice or compensation or liability. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by StudioPlus for the purposes of delivering the offered services. StudioPlus will not be liable for any content provided to it, including the photographs and any content added by account holders. StudioPlus will have no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of such activities.
In addition, in connection with your use of the site services, you agree not to:
- Restrict or inhibit any other visitor from using the Services, including, without limitation, by means of denial of service, “hacking” or defacing any portion of any of our Services;
- Use the Services for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our web sites;
- Sublicense any portion of the Services or any of our web sites, without our prior written authorization;
- “Frame” or “mirror” any content available through the Services or any of our web sites without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our web sites; or
- Harvest or collect information about users of the Services without their express consent.
You further agree that at no time will you, directly or indirectly, engage in, assist, abet, encourage, facilitate or approve the following:
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Download any file posted by any photographer that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Services.
- Violate any code of conduct or other guidelines or applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
While StudioPlus uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and requiring the users to screen the photographs posted through its Services, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can StudioPlus ensure that all persons depicted in the photographs have consented to the display of their image on this web site. If your photograph appears on this web site or through the Services without your consent and you wish to have it removed, please copy the thumbnail image and e-mail it to [email protected] with your reason why you would like it removed.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Services and the content made available therein.
You are solely responsible for all content you post on or submit to any forums or message board contained through the Services. You are aware and acknowledge that StudioPlus has no obligation to monitor any forum or message board and you are not relying upon StudioPlus to monitor the forums or message board. Furthermore, neither StudioPlus nor the account holder are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data or materials or to whom such data or materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in or through StudioPlus. Any forum or message board shall be used only in a noncommercial manner.
- StudioPlus hereby claims all right, title and interest in the Content and the Services and its affiliated Trademark, Tradename, Domain Name and the Content herein as protected by U.S. and/or Foreign copyright, trademark, and other intellectual property laws, and belong to StudioPlus or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by StudioPlus or other copyright owners who have authorized their use on the Site. You acknowledge that you do not acquire any ownership rights by using the site services.
You may not manipulate or alter in any way images or other Content through the Services without specific permission from StudioPlus or the copyright owner. You are specifically prohibited from using any of the marks or logos appearing throughout the Services without permission from the trademark owner, except as permitted by applicable law. You are not permitted to print any images or content from the Services.
“StudioPlusSoftware.com,” “InspiredByYou.com,” “myStratus.com“, the StudioPlus Logo, the InspiredByYou Logo, the myStratus Logo and other marks are trademarks and/or service marks of StudioPlus. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
- Any software available for download via the Services is the copyrighted work of StudioPlus and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement. StudioPlus is not responsible nor liable for any use or installation of such software.
- StudioPlus is not responsible for any damage or inability to contact the Services. StudioPlus uses reasonable means to ensure that the Services are available 24 hours a day 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of StudioPlus. You agree that StudioPlus shall not be liable to you for any modification, suspension or discontinuance of the Services.
- Account holders give permission to StudioPlus to create personal, password protected portals (“Consumer Sites“) for the clients and customers of the Account holders for the purpose of viewing, emailing, and purchasing posted photographs. StudioPlus will host and maintain said Consumer Sites containing images (“Images“) from the clients’ session or uploaded by the client. You understand that StudioPlus is not responsible for allowing access to your Customer Site beyond the express written terms contained herein
- The copyrights in the photographs are owned by the photographers thereof who have licensed to StudioPlus the right to exhibit them on the site. While StudioPlus provides the opportunity for you to purchase photographs (“Product“) from the account holder, StudioPlus does not make any sale to you and is not acting as a sale agent of account holder. NOTE THAT STUDIOPLUS IS ACTING MERELY FOR TRANSACTIONAL PURPOSES AND DOES NOT COLLECT MONEY FROM YOU OR HANDLE ORDERS FOR ACCOUNT HOLDER. StudioPlus may forward your order to account holder or to a Third Party on behalf of account holder for your benefit and convenience. At no time does StudioPlus or any of its agents or assigns ever handle, collect or process any part of the Product; and You agree not to hold StudioPlus liable for any faults, damages, or issues regarding the Product.
All items are shipped directly to you by the account holder or their fulfillment center and are subject to a shipment contract under which the risk of loss and title for such items pass to you upon our delivery to our shipping carrier. You may not reproduce, scan, display, transmit, distribute or otherwise exploit the products, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of your photographer. StudioPlus does not handle the order and does not control or process the payment or fulfill the order for shipping.
- You, the User, and all Account Holders are responsible for all of the images uploaded, shared or copied when using the Services and therefore you must have the legal right to copy and display each image that you upload. StudioPlus does not allow users to upload and/or post any material that is obscene, offensive, blasphemous, pornographic, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable. Any image that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct will be removed and the proper authorities will be contacted. StudioPlus does not actively monitor the content of members’ accounts, however, StudioPlus reserves the right to remove without notice any image, material or content that StudioPlus deems, in its sole discretion, to be in violation of any of the above-mentioned standards
If you are a client of a partner or an InspiredByYou.com photographer and have a question or modification regarding your portal, or you wish to deactivate your portal, please ask the account holder to contact StudioPlus. Please allow at least five business days for such cancellation to become effective. StudioPlus will, absent justifications provided herein, ordinarily not make changes to an Account Holder’s portal without their authorization.
- You understand that StudioPlus may prepare images for display on the Internet by slightly reducing the resolution of images and digitally placing an indelible “Proof“ mark on the images indicating to the viewer that the photograph is copyrighted material. Users are hereinafter specifically prohibited from any reverse editing or subsequent use of the edited photo.
- StudioPlus will display the Account Holder’s contact information on each customer portal for the purpose of allowing those who visit each portal to contact the Account Holder. If requested by Account Holder, StudioPlus will create a link to Account Holder’s email and/or website which will directly link back to the Account Holder’s studio portal. StudioPlus is not responsible for obtaining or identifying the Account Holder by any other means.
- You understand that Account Holder and StudioPlus are dealing with each other as independent contractors, and there is no partnership, joint venture or agency between Account Holder and StudioPlus. You agree that neither of the parties shall be bound or become liable because of any representation, action or omission of the other.
- You understand that Account Holder is responsible for ensuring that StudioPlus has Account Holder’s current fee schedule for products and services on sites. User further understands that StudioPlus does not directly process Credit Card payment but contracts with third parties who provide this service. StudioPlus is unable to answer questions or reverse charges once made by Users, and any order inquiries or cancellations must be made by the Account Holder or its Third Party contractor. StudioPlus is not liable for any actions or charges or extra handling or other fees that may be charged by your bank, credit card company, or processing company on account of your purchase.
You acknowledge that StudioPlus has a no refund policy. Once an order is placed either on the consumer site or through the StudioPlus admin area, the purchaser agrees that all sales are final.
- In the event of any damages or error that delays fulfillment of any order or request, StudioPlus’ liability is limited to the fees that it is owed for that order less any costs incurred by StudioPlus in the processing of that order.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. STUDIOPLUS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE GREATEST EXTENT PERMITTED BY LAW. NEITHER STUDIOPLUS SOFTWARE LLC NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE SERVICES. To the extent allowed by applicable law, implied warranties on the Services, if any, are limited to ninety (90) days.
- You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless StudioPlus, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Services, or the Content, or any violation by you of this Agreement.
- Completing the login process obligates User to the terms and conditions of this agreement. Access to continued posting services with StudioPlus assumes continued compliance with this agreement.
- As noted above, You are purchasing the Product from the Account Holder or its third-party designee and not from StudioPlus, who merely forwards your order to the Account Holder or its third-party designee on your behalf and for the Account Holder’s convenience. StudioPlus is not responsible for any other services or demands regarding any other responsibilities connected to Your purchase of the Product. No money is collected directly from You by StudioPlus for any such transaction.
- Entire Agreement/No Waiver. This Use Agreement constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by StudioPlus of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, your use of the Services, any other StudioPlus web site or application, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions.
- Changes to Services. StudioPlus Software LLC may at any time, and with no notice or with reasonable notice, change the Services, including eliminating or discontinuing any content or feature of the Services; or impose fees, charges or other conditions for use of the Services. User acknowledges that such may change and shall not rely on StudioPlus Software, LLC for any service or feature or price.
- Inaccuracies. A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the UA. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our web sites, applications, and other products and services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us at [email protected] with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
- DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by StudioPlus Software, LLC or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright/ for details.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing the following DMCA Notice of Alleged Infringement and delivering it to StudioPlus’ Designated Copyright Agent. Upon receipt of the Notice as described below, StudioPlus will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement (“Notice“):
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice: (i) “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)“; and (ii) “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.“
- Provide your full legal name and your electronic or physical signature.
Notices and counter-notices with respect to our Services should be sent to StudioPlus Software, LLC, 2070 River Reach Drive # 77, Naples, FL 34104 Phone (763) 552-5500 Email [email protected]. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Nothing contained herein shall be construed as legal advice and it is not intended as legal advice.
- You understand and agree that StudioPlus may, under certain circumstances and without prior notice to you, terminate your access to and use of the Services. Cause for such termination may include, but not be limited to, (i) breaches or violations of the UA or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.
- The Service is directed solely to individuals residing in the United States. We make no representation that materials provided through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
- PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH STUDIOPLUS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION, YOU ARE NOT PERMITTED TO USE THE SERVICES.
- The arbitrator will not be bound by rulings in prior arbitrations involving different StudioPlus users but is bound by rulings in prior arbitrations involving the same StudioPLus user to the extent required by applicable law. The arbitrator’s award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. YOU AND STUDIOPLUS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND STUDIOPLUS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER STUDIOPLUS USERS.
ADDITIONAL TERMS APPLICABLE TO THIRD PARTY USERS
The following terms apply to Users accessing or utilizing companion or partner-branded Services.
- StudioPlus does not claim approval or control of any Third Party Services by making such Third Party Services available via the Services. StudioPlus makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE THIRD PARTY TERMS AND CONDITIONS AND THIRD PARTY PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.
Last revised: September 30, 2021