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TERMS OF USE AND LEGAL NOTICE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
3Friends, Inc. DBA Studio Soiree, having principal place of business at 2021 S. Windsor St., Suite D, Salt Lake City, Utah 84105 ("3Friends") is the owner of all right, title, and interest to this web site and makes certain information and services available on this web site, subject to the following terms and conditions. By using this site, you agree to these terms and conditions. 3Friends reserves the right to change these terms and conditions, and the services and information available or listed on this site at any time, in its sole discretion, without notice. You (the "User") should visit this page periodically to review the terms and conditions contained herein because they are binding on you. Any rights not expressly granted herein are expressly reserved by 3Friends.
USE OF WEB SITE INFORMATION AND DOCUMENTS:
Except as otherwise indicated elsewhere on this site, 3Friends authorizes the User to use appropriate software accessible on the web site only to view and download a single copy of the text, graphics, images, audio, video clips, photographs, illustrations, multimedia presentations, and other media accessible through the web site (the "Materials") solely in accordance with the following terms and conditions:
• The Materials available to the public may be used solely for the User's own informational, personal, non-commercial purposes, and shall not be copied or posted on any network computer, broadcast in any media, posted on the World Wide Web, publicly performed, distributed, or otherwise used or exploited in any way for any public or commercial purpose;
• The Materials are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. Therefore, any copy of the Materials or any portion thereof viewed, downloaded or otherwise accessed by the User must retain all copyright, trademark, and other proprietary notices as contained in the original Materials. Such a copyright notice should read:
© 2008 3Friends, Inc. All rights reserved.
• The User may not modify, create derivative works from, participate in the transfer or sale of, or otherwise modify or alter the Materials in any manner or any software associated with the Materials. The User agrees not to use any trademarks, service marks, names, logos, or other identifiers of the web site, 3Friends, or 3Friends's employees, licensors, independent contractors, providers and affiliates (collectively, the "Affiliates") without the prior written permission of 3Friends or the relevant Affiliate;
• User agrees not to interrupt, or attempt to interrupt, the operation of the Web Site in any way, through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly or impliedly prohibited by any provision of these terms and conditions; and
• The User further acknowledges that the User does not acquire any ownership rights to any of the Materials by viewing or accessing the Materials.
The Materials permitted to be copied as specified above do not include the layout or design of this web site. Elements of this site are protected by trade dress and other laws and may not be imitated or reproduced in whole or in part. The User acknowledges that 3Friends is the sole owner of the Materials, except for those materials that are owned by the public, the government, or any third party.
WARRANTIES AND DISCLAIMERS:
THE SOFTWARE, DOCUMENTS, GRAPHICS AND OTHER INFORMATION PUBLISHED ON THIS WEB SITE COULD INCLUDE ERRORS, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. 3Friends AND ITS SUPPLIERS MAY MAKE CHANGES PERIODICALLY TO THIS SOFTWARE AND INFORMATION WHETHER DIRECTLY OR THROUGH THIS WEB SITE AT ANY TIME. 3Friends DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR MATERIAL CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR OPERATE ERROR FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE AND ITS SERVER ARE FREE FROM COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR PRODUCTS. 3Friends AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE DOCUMENTS, GRAPHICS, AND OTHER INFORMATION PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE OR REPRESENT OR GUARANTEE THE RESULT OF USING THIS WEB SITE. ALL SUCH INFORMATION IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. 3Friends AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CONSEQUENTLY, THE USER MAY USE THIS WEB SITE AT THE USER'S OWN RISK.
IN NO EVENT SHALL 3Friends OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION OR ANY OTHER ACTION OR CLAIM WHETHER OR NOT SUCH CLAIMS ARISE OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, SOFTWARE OR OTHER PRODUCTS OR SERVICES AVAILABLE FROM THIS SITE, WHETHER OR NOT 3Friends IS AWARE OR MADE AWARE OF SUCH VIOLATION. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 3Friends, AND THE INFORMATION AND SERVICES PROVIDED FROM THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE LAWS MAY SUPERSEDE THESE.
INDEMNITY:
User agrees to defend, indemnify, and hold harmless 3Friends, 3Friends's Affiliates, and 3Friends and 3Friends's Affiliates' officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from User's use of the Materials (including the use of any software) or User's breach of the terms of this Agreement.
LINKS TO THIRD PARTY SITES:
If you decide to access or use any of the third party web sites linked to this web site, you do this entirely at your own risk. The linked sites are not under the control of 3Friends and 3Friends is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. 3Friends is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 3Friends of the site.
VIDEO:
Video clips featuring Studio Soiree are performed by professionals and should not be performed without prior experience. Do not exceed your comfort level, health or ability when attempting these performances.
TRADEMARKS:
3Friends, Studio Soiree and the names of any 3Friends services or products displayed on this web site are registered trademarks or 3Friends currently owns common law rights to such trademarks. The names of other products and companies mentioned herein are the property of their respective owners and may also be trademarks. The User agrees not to use 3Friends's trademarks or any of the Affiliated trademarks: (1) in, as, or as part of, User's own trademarks or those of any third parties; (2) to identify products or services that are not those of 3Friends and the web site; (3) in a manner likely to cause confusion; or (4) in a manner that implies inaccurately that 3Friends or the web site sponsors, endorses, or is otherwise connected with, User's own activities, products and services or those of third parties.
E-MAIL AND OTHER COMMUNICATIONS:
While 3Friends will make every reasonable effort to protect the confidentiality of our Users email communications, please be aware that if you communicate with 3Friends by e-mail, those e-mail messages are not fully private or confidential due to insecure transmission methods. User is responsible for User's own communications and is responsible for the consequences of User posting information or other communications. User acknowledges that: (1) User has no expectation of privacy in any communications; and (2) no confidential, fiduciary, contractually implied or other relationship is created between 3Friends and User by reason of User transmitting a communication to any portion of the web site. Users must not nor assist any other individual or entity to post or transmit to or from this site any solicitations or advertisements, chain letters or pyramid schemes, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law, including but not limited to copyright, trademark, patent, trade dress, and the like.
FOREIGN USE AND EXPORTATION OF THE MATERIALS:
3Friends controls this web site from its offices in the United States of America. 3Friends makes no claims that the Materials are appropriate or may be viewed or accessed outside of the United States. Access to the Materials (including any software) may not be legal by certain persons or in certain countries. If User accesses the Web Site from outside of the United States, User does so at User's own risk and is responsible for compliance with the laws of User's jurisdiction.
The United States controls the export of products and information. User agrees to comply with such restrictions and not to export or re-export the Materials (including any software) to countries or persons prohibited under the export control laws. By accessing or downloading the Materials (including the software), User is agreeing that User is not in a country where such export is prohibited or is a person or Entity to which such export is prohibited. User is responsible for compliance with the laws of User's local jurisdiction regarding the import, export, or re-export of the Materials.
TERMINATION:
3Friends shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Web Site, including but not limited to the Materials, features, or hours of availability. 3Friends may also impose limits on certain features and services or restrict access to parts or all of the Web Site without notice or liability. Additionally, 3Friends shall have the right, in its sole discretion, to terminate User's access to any or all portions of the Web Site at any time, without notice.
In the event that User violates any provision of this Agreement, User's permission to use the Materials automatically terminates and User must immediately destroy any and all copies that User has made of the Materials.
CONTACT INFORMATION:
Pursuant to 17 U.S.C. §512(c), notice is hereby given that the person identified below is the Designated Agent for receiving complaints concerning this web site, including for purposes of receiving notification of any claims of intellectual property infringement:
Name: Liz Schofield
Mailing Address: 2021 S. Windsor St., Suite D, Salt Lake City, Utah 84105
Telephone: 801-486-0054
Email: Lizz@studiosoiree.com
GENERAL:
A waiver by either party of a breach of any term or condition of this Agreement shall not constitute a waiver of any further breach of a term or condition of this Agreement and no waiver shall be effective unless in writing signed by the party. This Agreement contains the entire agreement and supersedes all prior agreements and negotiations that relate to the subject matter of this Agreement, whether oral or written, between the parties. User acknowledges that no promise, representation, warranty, or covenant not included in this Agreement has been or is relied upon. User has relied upon User's own examination of the full Agreement and the provisions thereof, and the warranties, representations, and covenants expressly contained in the Agreement itself. This Agreement shall be construed in accordance with and its performance shall be governed by the laws of the State of Utah, notwithstanding the choice of law rules of such State. The courts of Utah shall have exclusive jurisdiction to determine all claims, disputes, actions, or suits that may arise hereunder and the parties expressly consent to such exclusive jurisdiction and venue before the proper authority in Utah. If any one or more provisions of this Agreement shall be found to be illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Words in the singular shall include the plural and words in the plural shall include the singular. Words in any gender shall include the other gender. The paragraph headings used herein are for the convenience of the parties and shall not be deemed to modify or construe the provisions hereof. This Agreement shall be binding upon and shall inure to the benefit of the heirs and personal representatives and/or the successors and assigns of the parties. Further, if either party defaults in the performance of its obligations under this Agreement, then the defaulting party agrees to pay reasonable costs and attorneys' fees to enforce this Agreement.
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