Acceptance of Terms
Welcome to the Apex Studios website. By accessing or using our website, located at www.apexstudios.com, and any related services, including but not limited to video production, cinematography, editing, and post-production services (collectively, the "Services"), you ("User" or "you") agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and Apex Studios, located at 456 Elm Street, Suite 200, Anytown, CA 91234.
If you do not agree with any part of these Terms, you must not use our website or Services. Your continued use of the website and Services will constitute acceptance of these Terms, including any modifications or updates that may be posted from time to time. Apex Studios reserves the right to modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for changes. The date of the last revision will be posted at the top of this page.
These Terms govern your access to and use of the website and Services, including any content, functionality, and services offered on or through the website. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
Use of Content
All content on the Apex Studios website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software (the "Content"), is the property of Apex Studios or its content suppliers and is protected by United States and international copyright laws. You may access and use the Content solely for your personal, non-commercial use. Any other use of the Content, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance of the Content, is strictly prohibited without the prior written consent of Apex Studios.
You may not use any robots, spiders, data mining tools, or other automated means to access or collect data from the website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Apex Studios without our express written consent.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be 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;
- Your contact information, including your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement is: Amelia Hernandez, Legal Counsel, Apex Studios, 456 Elm Street, Suite 200, Anytown, CA 91234, email: legal@apexstudios.com, phone: (555) 123-4567.
User Conduct
You agree to use the Apex Studios website and Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.
You are solely responsible for any content that you post, upload, or otherwise transmit to or through the website. You agree not to post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
You also agree not to:
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website;
- Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available 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);
- Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit, or otherwise make available 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;
- 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;
- Intentionally or unintentionally violate any applicable local, state, national, or international law.
Apex Studios reserves the right to investigate and take appropriate legal action against anyone who violates these provisions, including without limitation, removing the offending content from the website and terminating the accounts of such violators.
Disclaimer of Warranties
THE APEX STUDIOS WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APEX STUDIOS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, APEX STUDIOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APEX STUDIOS DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM APEX STUDIOS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APEX STUDIOS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
We do not warrant that the website will be available at all times or that it will be free from errors or viruses. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE APEX STUDIOS WEBSITE AND SERVICES IS AT YOUR SOLE RISK.
Limitation of Liability
IN NO EVENT SHALL APEX STUDIOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF APEX STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, APEX STUDIOS' LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
APEX STUDIOS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM ERRORS OR OMISSIONS IN THE WEBSITE OR SERVICES, OR FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. 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.
Our total liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Services during the term of membership. If you have not paid us any amount, our total liability to you will be $100.
Governing Law
These Terms and Conditions and your use of the Apex Studios website and Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Apex Studios relating to these Terms or your use of the website or Services shall be brought exclusively in the state or federal courts located in Los Angeles County, California.
By using our website and services, you consent to the exclusive jurisdiction and venue of these courts. You waive any objection to jurisdiction or venue in such courts. Any cause of action or claim you may have with respect to the website or Services must be commenced within one (1) year after the claim or cause of action arises.
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the other provisions of these Terms shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.