User Agreement
WEBSTUDIOS.COM USER AGREEMENT
By accessing or using this WEB STUDIOS, INC. ("WEB STUDIOS") web site (the
"Site"), you hereby accept and agree to comply with the terms and conditions set
forth in this User Agreement. This User Agreement is a binding agreement between
you and WEB STUDIOS, and governs your access and use of the Site, which includes any
information, data, tools, products, services and other content (together,
"Content") available on or through the Site. You may contact WEB STUDIOS by e-mail
(office@webstudios.com) with questions about the terms and conditions of this User
Agreement.
BY ENTERING THIS WEB SITE, YOU ARE AGREEING THAT
YOU HAVE READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS CONTAINED HEREIN,
WILL ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM AND ARE LEGALLY BOUND
BY THIS USER AGREEMENT.
1. WEB STUDIOS grants you a limited right to use the Site. Your right to use the Site
is subject to your agreement to abide by this User Agreement in its entirety, as
well as any other rules, procedures, policies, terms or conditions that govern
all or any portion of the Site. At any time and for any reason we may revoke
your right to use all or any portion of the Site. You may not violate or attempt
to violate the security of the Site.
2. The Site is owned by WEB STUDIOS, its affiliates and/or third parties. The Site is
protected by one or more copyrights, patents, database rights, trademarks,
servicemarks and/or other intellectual property and proprietary rights that are
owned by WEB STUDIOS, its affiliates and/or third parties. You may not decompose,
decompile, reverse engineer, disassemble or otherwise deconstruct all or any
portion of the Site. You may not publish, broadcast, retransmit, reproduce,
repackage, frame, commercially exploit, create any derivative of or otherwise
redistribute all or any portion of the Site except as explicitly permitted in
this User Agreement. You may print copies of any accessible portion of the Site
only for your own personal use. You may discuss information that you learn from
the Site with your financial, legal or tax advisors, and others with whom you
share investment decisions. You may not remove any copyright, trademark or other
proprietary notice or legend contained on (or printed from) the Site.
3. You make certain representations and warranties regarding your use of the
Site. You represent and warrant that: you have full authority and all rights
necessary to enter into and fully perform all of your obligations pursuant to
this User Agreement; you have not and you will not enter into any agreement or
perform any act which might contravene the purposes and/or effects of this User
Agreement; and you will not delete any Content.
4. All Content is for informational purposes only and is valid on the date of publishing. Some information may not reflect current rates and/or be accurate.
Please contact our service representative for up-to-date information.
Should you find any discrepancy, inaccuracy or anything that contradicts with your or your company rights or any applicable law for that matter
in the content of this web site you must immediately notify WEB STUDIOS of such instance. Otherwise, your claims MUST BE DEEMED INVALID.
5. There are various risks you assume in relying on the Content. Dated Content
speaks only as of the date indicated. We make reasonable efforts to provide
accurate Content, but at times we may not promptly update or correct the Site
even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
We may change all or any portion of the Site at any time without notice to you.
We do not endorse the opinions of, or warrant the accuracy of facts or other
Content contributed by, any third party. You agree that we are not liable for
any action you take or decision you make in reliance on any Content.
6. You must keep all Content and your password confidential. You may not
disclose any Content to any third party, except to your financial, legal or tax
advisors, and others with whom you share investment decisions. You are solely
responsible for the confidentiality and security of your password. You accept
full responsibility for any use of your password. You must notify WEB STUDIOS
immediately of any actual or suspected loss, theft or unauthorized use of your
password. We are not obligated to inquire as to the authority or propriety of
any use of or action taken under your password. We will not be responsible for
any loss to you that arises from such use or action or from your failure to
comply with these provisions.
7. WEB STUDIOS is not liable for any technological problems and any impact that they
may have. All or any portion of the Site may not be available and may not
function properly at any time. We make reasonable efforts to avoid technological
problems, but at any time the Site may have and may cause technological problems
such as viruses and other damaging computer programming routines or engines. We
take reasonable security precautions when using the Internet, telephone or other
means to transport data or other communications, but we disclaim liability for
any interception of data or communications. We make reasonable efforts to ensure
that the Site is secure but we do not guarantee the security of the Site. We are
not liable for any damage or injury caused by the performance or failure of
performance of all or any portion of the Site. We are not liable for any
defects, delays or errors in or resulting from your use of the Site.
8. WEB STUDIOS is not responsible for information on any third party web site that is
referred in, or accessible or connected by hyperlink to, the Site. If you access
any third party web site through the Site or otherwise, you do so at your own
risk. Hyperlinks to or from the Site do not constitute third party endorsement
of, sponsorship by or affiliation with us.
9. WEB STUDIOS has the right but not the obligation to monitor and record activity on
the Site and respond as it deems appropriate. We may monitor and record activity
on the Site for any reason or for no reason. We may investigate any complaint or
reported violation of our policies. We may report any activity that we suspect
may violate any law or regulation to regulators, law enforcement officials or
other persons or entities that we deem appropriate. We may issue warnings,
suspend or terminate use of the Site, deny access to all or part of the Site or
take any other action that we deem appropriate.
10. WEB STUDIOS will abide by its Privacy Statement as posted on this Site. Personal
non-public information that we gather from you will be governed by our Privacy
Statement.
11. WEB STUDIOS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS
IT TO DISCLAIM. THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO
THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY,
ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR
SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
12. WEB STUDIOS' LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW. IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS OR
EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE
SITE, OR THE INABILITY TO USE THE SITE. OUR LIABILITY IS LIMITED EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES THAT YOU SUFFER OR IF ANY REMEDY
YOU HAVE FAILS OF ITS ESSENTIAL PURPOSE. UNDER ALL CIRCUMSTANCES, THE MAXIMUM
LIABILITY OF WEB STUDIOS, ITS AGENTS AND EMPLOYEES TO ANY USER OF THE SITE WITH
RESPECT TO THE SITE IS $100. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL
DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
13. You will be responsible for any liability to WEB STUDIOS that arises out of your
breach of this User Agreement or your use of the Site. You agree to indemnify,
defend and hold harmless WEB STUDIOS and its affiliates, agents, employees and third
party sources from and against any and all suits, losses, claims, demands,
liabilities, damages, costs and expenses (including reasonable attorneys' fees)
that arise from or relate to: your use of the Site, your breach of this User
Agreement or any representation, warranty or covenant made by you in this User
Agreement, your violation of any applicable law, statute, ordinance, regulation
or of any third party's rights in connection with your use of this Site, or
claims asserted by third parties which, if proven, would place you in breach of
representations, warranties, covenants or other provisions contained in this
User Agreement.
14. You agree to resolve by arbitration any controversy arising out of the use
of the Site between you and WEB STUDIOS and/or any of our respective CONTROL PERSONS,
predecessors, subsidiaries, affiliates, successors, assigns and employees.
With respect to the resolution of any such controversy, you further acknowledge
that:
Arbitration is final and binding on the parties.
The parties are waiving their right to seek remedies in court, including the
right to jury trial.
Pre-arbitration discovery is generally more limited than and different from
court proceedings.
The arbitrators' award is not required to include factual findings or legal
reasoning and any party's right to appeal or to seek modification of rulings by
the arbitrators is strictly limited.
The panel of arbitrators will typically include a minority of arbitrators who
were or are affiliated with the securities industry.
Any arbitration under this User Agreement shall be conducted before the American
Arbitration Association. Arbitration is initiated by a party serving the other
party with a written demand for arbitration or a written notice of intention to
arbitrate, which demand or notice shall include an election of one of the
foregoing forums for arbitration. If you fail to make such election by
registered mail addressed to WEB STUDIOS, INC., 1325 Avenue of The Americas, 27th Floor, New York NY 10019 (or any
other address of which you are advised in writing), before the expiration of
five days after you deliver to WEB STUDIOS a written demand for arbitration or a
written notice of intention to arbitrate, WEB STUDIOS may make such election on your
behalf.
No person shall bring a putative or certified class action to arbitration nor
seek to enforce any pre-dispute arbitration agreement against any person who has
initiated in court a putative class action or who is a member of a putative
class who has not opted out of the class with respect to any claims encompassed
by the putative class action until:
the class certification is denied; or
the class is decertified; or
the customer is excluded from the class by the court.
Such forbearance to enforce an agreement to arbitrate shall not constitute a
waiver of any rights under this User Agreement except to the extent stated
herein.
15. You will be bound by revised versions of this User Agreement that WEB STUDIOS
posts on the Site. Modifications will be effective immediately upon posting
unless we indicate otherwise. Your use of the Site indicates your full
acceptance of this User Agreement in its then-current form each time you use the
Site.
16. You are bound by certain other general conditions. We may assign this User
Agreement in whole or in part at any time without your consent. You may not
assign this User Agreement or delegate any of your obligations under this User
Agreement. Any purported assignment of this User Agreement in violation of its
terms is void. If any provision of this User Agreement is found invalid or
unenforceable, that provision shall be enforced to the maximum extent possible
and the remaining provisions of the User Agreement shall remain in full force
and effect. This User Agreement constitutes the entire understanding, and
supersedes all other understandings, between you and WEB STUDIOS concerning the
subject matter hereof.
17. ELECTRONIC SIGNATURE.
PLEASE NOTE THAT THIS USER AGREEMENT CONTAINS A PRE-DISPUTE ARBITRATION
AGREEMENT, WHICH IS SET FORTH IN SECTION 14 ABOVE.
THE ABOVE DISCLOSURES SHOULD BE CAREFULLY READ, UNDERSTOOD AND ACCEPTED BY YOU
BEFORE YOU USE THE SITE.
YOU THEREBY LEGALLY
BIND YOURSELF TO THE TERMS AND CONDITIONS CONTAINED HEREIN.