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Terms of Use

Terms of Use

Last Updated: February 14th, 2020

Welcome and thank you for using a service provided by Artists Writers & Artisans, Inc. or its subsidiaries or affiliates (“AWA,” “we,” “us,” or “our”). Please read these terms of use (“Terms,” “Terms of Use,” or “Agreement”) carefully – they apply to your access and use of www.awastudios.net (the “Site”), which is owned and operated by AWA, as well as any online, digital, or mobile services we offer, including our websites, software, applications, games, and any of our other products and services in connection with which these Terms of Use are posted or from which they are linked (collectively, the “Service”).  These Terms of Use are a legally binding agreement between you and AWA.

Certain aspects of the Service may be subject to additional terms and conditions, which may include, among other things, particularized age requirements, codes of conduct, sweepstakes and contest rules, and payment or subscription terms (collectively, “Additional Terms”). When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms also apply to your use of that aspect of the Service and control in the event of a conflict with these Terms.

By accessing or using the Service, you agree to be bound by these Terms and any applicable Additional Terms (which are incorporated herein by reference) and consent to our collection and use of your information as described in our Privacy Policy. If you do not wish to be bound by these Terms or Additional Terms, do not access or use the Service.

Changes to these Terms

We reserve the right, in our sole discretion, to modify these Terms (including applicable Additional Terms) from time to time without notice to you. Modifications will be effective immediately upon being made available online on this “Terms of Use” page. Your continued use of the Service after such notice constitutes your agreement to the modified terms, which will govern your ongoing use of the Service. You should review the posted Terms and applicable Additional Terms each time you use the Service. We may also notify you about significant changes to the Terms through other means such as sending a notice to the email address that you have provided us or placing a prominent notice on our Site. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available. 

Your Representations

By accessing, previewing, or otherwise using the Service in any manner, you represent and warrant that you have sufficient legal capacity to enter into this Agreement or, if you lack such capacity (for instance, if you are a minor), that you have obtained parental or guardian consent to do so. You represent and warrant that you have read, understand, and agree to abide by these Terms and any applicable Additional Terms, and that you have read, understand, and agree to the data collection and use practices set forth in our Privacy Policy.

The AWA Service

Subject to the terms and conditions of these Terms and all applicable Additional Terms, AWA grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable, and fully revocable license to access, view, and use the Service for your personal, non-commercial use as expressly permitted by the features and functionality of the Service, and not for any commercial use or use with, or on behalf of, any third party. The Service may allow you to view, preview, select, stream, and access certain content, including video, audio, graphics, photos, and text (collectively, “Content”). Such use may be limited (for example, to supported devices or by number of simultaneous streams per account; by geographic region; by time window; by subscription level; or otherwise, and access will require your use of an approved device with sufficient connectivity).

The Service and Content are protected by copyrights, trademarks, service marks, or other intellectual property rights that are owned by AWA or its licensors and licensees. AWA respects the intellectual property rights of others and asks that you do the same. Any unauthorized use of Content or any other aspect of the Service, or any portion thereof, will constitute a violation of copyright or other intellectual property rights, and AWA reserves the right to fully enforce its rights to the fullest extent of the law, including seeking both civil and criminal penalties. Violation of these Terms in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and Content. Any authorization to copy material granted by AWA in any part of the Service for any reason is restricted to viewing a single copy for non-commercial, personal, entertainment use only, unless otherwise specified, and is subject to your keeping intact all copyright, trademark, and other proprietary notices. 

Except as expressly provided herein, AWA does not grant you any other express or implied right or license in or to the Service or Content and all right, title, and interest that AWA has in the Service and Content are retained by AWA, including the right to modify, discontinue, or temporarily suspend any or all of the Service at any time, with or without notice. Except as expressly authorized in these Terms, you may not use, modify, reproduce, display, transmit, sell, transfer, create derivative works of, publicly perform or otherwise exploit any Content available on or through the Site, in whole or in part, whether by electronic or other means, without our prior written consent. If you would like to request permission to use any of the Content, please contact notice@awastudios.net.

No aspect of the Service constitutes legal, financial, medical, or other category of professional advice.

Prohibited Uses

You may only access and use the Service in compliance with these Terms and all applicable Additional Terms. Any unauthorized access to or use of the Service is a breach of this Agreement. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Service. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute or reverse engineer any of the software or technology underlying the Service or any Content. In addition, you agree that you will not take any of the following actions:

Use of the Service is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law-enforcement requests or requirements relating to your use of the Service. We have the right, but not the obligation, to take any of the following actions, in our sole discretion, at any time and for any reason without giving you any prior notice: (i) restrict, suspend or terminate your access to all or any part of the Service, Content or our products or services; (ii) modify, suspend or discontinue all or any part of our products or services; (iii) refuse, move or remove any Content; or (iv) adopt additional general practices, fees and policies concerning the Service, Content and the products services we provide or revise existing our general practices, fees and policies.  You agree that we are not responsible and will not be liable to you or any third party for your failure to comply with these Terms.

Third Party Services

The Service may link to, integrate with, or incorporate third party content, sites, services, or platforms, including advertisers, online merchants, and social networks (collectively, “Third Party Services”). AWA does not endorse and is not responsible for Third Party Services, whether in terms of their correctness, accuracy, validity, propriety, reliability, legality, security, or otherwise, and AWA disclaims all liability in connection therewith. References to Third Party Services do not imply endorsement of any Third Party Services by AWA or any association with its operators. Your dealings with Third Party Services are solely between you and the applicable Third Party Services. To learn more about Third Party Services, consult the Third Party Services’ respective terms of use and privacy policies.

Unsolicited Submissions

Please review the AWA Unsolicited Submission Policy.

International Use

The Service and all Content are offered from the United States. AWA makes no representation that every aspect of the Service or Content is appropriate or available for use outside of the United States. If you choose to access the Site or Content from outside of the United States, you acknowledge and agree that:

A. you do so on your own initiative and at your own risk;

B. you will not use the Service or Content if you are prohibited from receiving products, services, or software originating from the United States;

C. you are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable; 

D. you specifically agree to comply with all applicable laws and regulations concerning the transmission of technical data exported from the country in which you reside; and

E. you consent to having your Personal Information (as defined in the Privacy Policy) collected, transferred to, and processed in the United States.

If there is a conflict between any of the Terms herein and your rights in your place of residence, your rights under applicable law will control as to those specific Terms.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AWA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AWA DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AWA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, PLATFORM, OR SERVICE LINKED TO THE SERVICE, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, VALIDITY, PROPRIETY, RELIABILITY, LEGALITY, SECURITY, OR OTHERWISE. AWA MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICE, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY WEBSITE, APP, OR SERVICE LINKED TO FROM THE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS; AND AWA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SERVICES, INFORMATION, SOFTWARE, CONTENT, OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE OR ANY OTHER WEBSITE, APP, PLATFORM OR SERVICE LINKED TO THE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL AWA OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SERVICE OR ANY CONTENT BE LIABLE FOR ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) ARISING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SERVICE. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY TO ALL ACTIONS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF AWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to indemnify and hold harmless AWA and its directors, officers, employees, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the “Indemnified Parties”) from and against all liability, losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your access to, use or misuse of the Service or Content; or (iii) your negligence, fraud or willful misconduct. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate with our defense of these claims.

General Terms

A. Force Majeure

AWA will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.

B. No Waiver

A waiver of any provision of this Agreement in any instance shall not be deemed a waiver of such provision for the future, nor of any subsequent instance thereof. No delay or omission by AWA in exercising any right under this Agreement shall operate as a waiver of that or any other right. 

C. Severability

If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. The unenforceability or invalidity of any provision of this Agreement shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect (and be construed and enforced) as if such provision had not been included or had been modified as provided for above.

D. Construction

The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement clearly requires otherwise: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) “or” has the inclusive meaning frequently identified with the phrase “and/or;” (c) ”including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;” and (e) references to “hereunder,” “herein,” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation, or agreement, including this Agreement, will be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.

E. Survival

Any provision herein which by its nature contemplates your continued observance following termination of this Agreement will survive termination of this Agreement.

F. Entire Agreement

This Agreement, including the Privacy Policy and any applicable Additional Terms, is the entire agreement between the parties relating to the matters contained herein.

G. Governing Law

This Agreement shall be governed by the laws of the State of New York, without regard to conflicts of law provisions that would result in the application of the laws of another jurisdiction. You submit to the exclusive jurisdiction of federal and state courts in New York City and waive any rights they may have to claim a lack of personal jurisdiction, inconvenient forum or improper venue. 

H. Waiver of Jury Trial

YOU HEREBY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM OR COUNTERCLAIM BASED ON, OR IN CONNECTION WITH, THIS AGREEMENT.

Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice

AWA respects the copyright interests of others and, as such, requires our users to comply with these Terms and all applicable laws regarding copyrights. If you believe that any Content or other material on the Service infringes your copyright rights, please forward the following information in writing to our Copyright Agent at the address listed below, in conformance with the DMCA:

The above information must be submitted to AWA at the following address:

Artists Writers & Artisans, Inc.

1359 Broadway

Suite 800

New York, NY 10018

Email: copyright@awastudios.net

If we are notified that any Content infringes another’s intellectual property rights, we may remove such Content pursuant to the DMCA. In accordance with the DMCA, we have a repeat infringer policy and reserve the right to terminate your use of the Service violating these Terms once or on a repeated basis.

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.