Shiftstudio.com (the “Site”) is owned and operated by Lambda Studios LLC, and it and its parent company, subsidiary, affiliate, division, officers, directors, employees, contractors and agents are collectively referred to as “Operator”. By using the Site, you agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms of Use. You should review the Terms of Use from time to time. Operator may change any portion of the Terms of Use at any time without notice by posting revisions to the Site. You should monitor the Terms and Use for any changes, as notice is not required to be provided to you. Your continued use of the Site constitutes your acceptance of the revised Terms of Use. If you do not accept all of the Terms of Use, you must exit the Site immediately.
You should review the Privacy Policy before using the Site.
The Site is not directed to, or intended for use by, children (defined as anyone age thirteen (13) or younger). Children should not use the Site or submit any information to Operator. By using this Site, you represent and warrant you are at least 13 years old and you hereby ratify any prior grant of rights, consents, agreements, assignments or waivers made by you. If you choose to register an account, your account may be used only by you.
If you “sign in” or register at the Site, you will be asked to provide certain information about yourself. If you choose to “sign in” or register at the Site, you affirm, represent and warrant that (1) you have the power and authority to accept these Terms of Use, and (2)you are at least 13 years old. You are responsible for providing Operator with true, accurate and updated information about yourself. If you provide any information that is untrue or inaccurate, or which Operator believes is untrue or inaccurate, Operator may suspend or terminate your use of the Site immediately without notice.
You have the ability to interact with theSite and other users by posting comments, participating in the forums, uploading photos, and a variety of other ways (collectively, “YourContent”). You affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto; (2) none of the materials included in YourContent are defamatory, libelous, obscene, pornographic or violates any law; (3) use of Your Content as provided in these Terms of Use will not violate any legal rights (tangible or intangible) of any third party; and (4) if you are a direct competitor of an author or another user, or otherwise have an interest adverse to the other posting user, you will fully disclose the interest.
You hereby grant Operator and its designees a worldwide, royalty-free, non-exclusive, transferable, sub licensable license(the “License”) to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and prepare derivative works of Your Content in connection with the Site or the conduct of Operator’s business in any formats and through any media channels. Operator may monitor Your Content as it appears on the Site and may edit or delete Your Content at any time and for any or no reason without your permission.
To post Your Content, you must register with the Site and obtain a login (“Your Account”). To register you will need to provide a phone number. You agree to provide accurate current and complete information during the registration process, when contributing Your Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through Your Account as being used by you or someone authorized to act for you. You agree to be liable for any conduct used through Your Account and for any transactions associated with YourAccount. You agree that we can rely upon the contact and other information that is supplied to us using Your Account and that we will rely upon such information. You agree and acknowledge that Your Account is non-transferable and non-assignable.
In addition to the prohibitions contained in the User Submitted Content Section, you agree not to post or submit to the Site any content or any other materials whatsoever that is:
You will indemnify, defend, reimburse and hold harmless Operator, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Operator, for, from and against any and all liabilities, claims and expenses of any type or nature, including costs and attorneys’ fees, that arise from the exercise of the License set forth above or from your use of the Site.
You hereby acknowledge that all content and materials available at the Site (collectively, the “Content”) are owned or controlled by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Site and the Content as expressly permitted in these Terms of Use and for no other purpose. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including any copyright or trademark notices. You may not use the Site or the Content for any commercial purpose, including sending unsolicited email messages or making unsolicited telephone calls. Except as authorized by Operator in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without Operator’s permission. Operator’s policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.
Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please see the DMCA Take Down Notice Procedures material posted elsewhere at the Site.
THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE“SITE MATERIALS”), ARE PROVIDED ON AN “AS IS/WHERE IS/AS AVAILABLE”BASIS. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION,RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE.
UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE,CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TOUSE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Operator does not monitor the accuracy or reliability of Content appearing on the Site. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available are those of the respective author(s) or distributor(s) and not ofOperator. Operator does not endorse nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on thisSite by anyone other than an Operator employee acting within his/her official capacity.
The Site is intended for use by legal U.S.residents. If you choose to access the Site from any location outside this area, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the State of Utah. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited.
This Agreement will, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. Exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site will be in the state or federal courts located in Salt Lake County, State ofUtah. By using the Site, you hereby submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any such claim or action.
These Terms of Use along with the PrivacyStatement, posted elsewhere at the Site, constitute the entire agreement between Operator and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of these Terms of Use or the Privacy Statement are determined to be invalid or unenforceable, all other provisions thereof will remain in full force and effect.
The Site may contain links to websites operated by third parties. These links do not constitute or imply an endorsement of any linked site. The linked sites may appear to be integrated into the Site but are not under Operator’s control. Operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to use that site.
You may use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.
Questions concerning these Terms of Use or the Site should be directed to contact@shiftstudio.com.