Terms & Conditions
1. Legal Information
Edge Studio, LLC (“Edge Studio“, “We“, “Us“, “Company“) provide the site edgestudio.com and all site-related services, including the content and code related thereto (collectively, the “Site”) subject to your compliance with the terms and conditions set forth below.
By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site. This Agreement is made between the Company and you, the Site visitor and/or registered user (“you“). We reserve the right at our sole discretion and at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of the Site, restricting the hours of availability or limiting the amount of use permitted; or
- Change any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other related services of any feature thereof.
Any changes We make will be effective immediately upon notice, which We may provide by any means including, without limitation, posting on the Site or via electronic mail. Your usage of any of the Site after such notice will be deemed acceptance of such changes. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
You must be at least 13 years of age to use any of the Site. If you are at least 13 years of age, but under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Site.
2. Ownership; Proprietary Notices
The Site is the property of Edge Studio.
Edge Studio, the Edge Studio logo, products and service names are registered trademarks and/or service marks in the United States. All other trademarks and/or service marks used in the Site are the trademarks and/or service marks of their respective owners.
The site is owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized used of the materials on the Site may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
The Site, including any content or information contained within it or any site related service, or any product or service licensed, purchased or otherwise made available through the Site, are provided “as is” with no representations or warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Edge Studio and its subsidiaries, affiliates, suppliers, sponsors, and agents disclaim all warranties, express or implied, including but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Neither Edge Studio, its subsidiaries, affiliates, suppliers, sponsors, nor agents make any representation as to the result to be obtained from use of the Site or Site-related services.
Edge Studio and its subsidiaries, affiliates, suppliers, and agents do not warrant that your use of the site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site (or the server(s) on which it is hosted) are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the sites and all charged related thereto. You assume total responsibility and risk for your use of the site and your reliance thereon. No opinion, advice, or statement of Edge Studio or its subsidiaries, affiliates, suppliers, agents, registered users, or visitors, whether made on the site, or otherwise, shall create any warranty.
Your use of the Site and any materials provided through the Site are entirely at your own risk.
Because user authentication on the Internet is difficult, Edge Studio cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of Site users, in the event that you have a dispute with one or more Site users, you release Edge Studio and its subsidiaries, affiliates, agents and employees, from all claims, demands and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Site.
While Edge Studio will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Edge Studio has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content (as herein defined) maintained or transmitted by any Site. Edge Studio reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. Edge Studio reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described above.
3. Limitation of Liability
Neither Edge Studio nor its subsidiaries, affiliates, suppliers, advertisers, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or content contained on the Site, or any product or service purchased through the site. Your sole remedy for dissatisfaction with the Site and/or content contained within the Site is to stop using the Site. The sole and exclusive maximum liability to Edge Studio for all damages, losses and causes of action (whether in contract, tort, including, without limitation, negligence or otherwise) shall be the total amount paid by you, if any, to access the Site.
The Site may contain links to other web sites operated by third parties, other than affiliates of Edge Studio (“Linked Sites”). We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by Edge Studio. You acknowledge that Edge Studio and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with Edge Studio and its sponsors. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
5. Void where prohibited; indemnification
Although the Site is accessible worldwide, not all products or services discussed, referenced or made available on the Site is available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Site is appropriate or available for use in locations outside the United States. Those who choose to access the Site 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 local laws are applicable. Edge Studio reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide. Use of the Site is void where prohibited.
You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the Site or Site-related services.
6. Code of conduct: Submissions/Content
The Site is owned and operated by Edge Studio for the purpose of production, education, technological services, discussion, implementation and innovation (the “Purpose”).
All information, data, ideas, text, software, music, sound, photographs, graphics, video, notes, messages, concepts, code, trademarks, service marks, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Edge Studio, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Site. No user shall transmit Content or otherwise conduct or participate in any activities on the Site that, in the judgment of Edge Studio, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. Edge Studio reserves the right, in its sole and absolute discretion, to refuse or delete any Content at any time. Edge Studio shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate this Agreement or be otherwise illegal or does not fulfill the Purpose. Edge Studio, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Edge Studio to protect the rights, property, or personal safety of Site users and the public.
We do not require the users of our Site to make use of the complete set of services we offer. To help ensure community access to Content, when users establish Content on our Sites but elect to instead release future Content through other external sites, Edge Studio has the right (but not the obligation) to archive the original Content and make a new copy of the Content curated by Edge Studio. The set of Content included in this curated copy is within the sole discretion of Edge Studio, and may include updates and/or a subset and/or a superset of the Content posted by the user externally.
We do not control the Content posted to the Site and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Edge Studio be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content 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 Sites. Each user, by using the Sites, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
By sending or transmitting to us Content, or by posting such Content to any area of the Sites, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. You hereby grant Edge Studio permission to display your logo, trademarks and company name on the Sites and in press and other public releases or filings. Further, by submitting Content to the Company, you acknowledge that you have the authority to grant such rights to the Company. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.
Use, reproduction, modification, and other intellectual property rights to data stored on the Site will be subject to licensing arrangements that may be approved by Edge Studio as applicable to such Content. With respect to text or data entered into and stored by publicly-accessible site features such as forums and comments, the submitting user retains ownership of such Edge Studio Content; with respect to publicly-available statistical content which is generated by the sites to monitor and display content activity, such content is owned by Edge Studio. In each such case, the submitting user grants Edge Studio a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license. With respect to Content posted to private areas of Edge Studio, the submitting user may grant to Edge Studio such rights and licenses as the submitting user deems appropriate. Content located on any Edge Studio-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by Edge Studio as applicable to such Content.
7. Registration; use of secure areas and passwords
Some areas of the Site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your current or future use of the Sites (or any portion thereof).
You will receive passwords and account designations upon completing certain Site registration processes and are wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. You agree not to distribute, transfer or resell your use of or access to the any of the Sites to any third party. Edge Studio cannot and will not be liable for any loss or damage arising from a user’s failure to comply, including any loss or damage arising from any user’s failure to: (1) immediately notify Edge Studio of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORDS AND ACCOUNT DESIGNATIONS AND ARE SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
8. Claims of Copyright Infringement
Edge Studio respects the intellectual property rights of others, and requires that the people who use the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- 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 sufficient to permit Edge Studio to locate the material (e.g., URL).
- Information sufficient to permit Edge Studio to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
- Include the following statement: “I have a good faith belief that use of the material described above in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- A physical, electronic or digital signature, in a form reasonably acceptable to Edge Studio, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Send written communication to the following contact:
115 W 45th Street
New York, NY 10036
Attention: Managing Director
- Send electronically-signed communication to [email protected]. A copy of your notice (with your personal contact information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication.
DMCA Counter-Notification Procedure:
After receiving a notification of alleged infringement, Edge Studio will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, Edge Studio will provide the project administrator(s) of the affected project or the provider of affected material with a copy of the notice. The administrator of an affected project or the provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the administrator of an affected site or the provider of affected material must provide a written communication (by postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. (A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.)
To expedite our ability to process your counter notification, please use the following format (including section numbers):
- Identify the material that Edge Studio has removed or to which Edge Studio has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
- Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in New York, New York (if your address is outside of the United States, for any judicial district in which Edge Studio may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
- Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to Edge Studio.
- Send written communication to the following address:
115 W 45th Street
New York, NY 10036
Attention: Director of Finance and Operations
- Send electronically or digitally signed communication to [email protected]. Upon receipt of a counter notification in substantial compliance with the DMCA, Edge Studio will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly. After receipt of the counter notification, Edge Studio will generally replace the removed material and cease disabling access to it, unless an Edge Studio designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
Edge Studio is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, Edge Studio expects you to resolve trademark disputes directly with the project administrator(s) rather than utilizing Edge Studio as an intermediary.
This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time. Edge Studio reserves the right to share or transfer personal information and aggregate information to a third party should Edge Studio ever file for bankruptcy or in the event of a sale, merger, transfer or acquisition of all or a material part of the Company. In addition, we may share your personal information with affiliated companies. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time.
Please report any violations of the Terms (except for claims of intellectual property infringement) to [email protected].
Edge Studio may terminate a user’s account in the Company’s absolute discretion and for any reason. Edge Studio is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of this Agreement; (2) abuse of Site resources or attempt to gain unauthorized entry to Site resources; (3) use of the Site in a manner inconsistent with the Purpose; (4) a user’s request for such termination; or (4) as required by law, regulation, court or governing agency order. Edge Studio’s termination of any user’s access to any or all Sites may be effected without notice and, on such termination, Edge Studio may immediately deactivate or delete user’s account and/or bar any further access to such files. Edge Studio shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. Edge Studio reserves the right to delete, or not delete, a user’s account at the Company’s sole discretion, as well as to delete, or not delete, Content at Edge Studio’s sole discretion.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
- Pricing Information: Current rates for our services may be obtained by calling us at 212-868-3343, or an e-mail to [email protected]. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
- Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.