Use of the iStudio.net.au service/system constitutes acceptance of the following TERMS OF USE.
TERMS OF USE.
ACCEPTANCE OF TERMS THROUGH USE
By using iStudio.net.au or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site (“iSTUDIO”) reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. iSTUDIO reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email iSTUDIO with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, iSTUDIO hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of ISTUDIO and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in Australia and internationally. All rights not expressly granted herein are fully reserved by iSTUDIO, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.
LICENSE RESTRICTIONS
USE
Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from iStudio.net.au. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from iSTUDIO is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
SECURITY
You agree that if you are issued a Username and Password by iSTUDIO, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the iSTUDIO immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that iSTUDIO shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
INTERNATIONAL USERS
Accessing this site, and services, products or contents available on iStudio.net.au, except as expressly allowed through instructions and truthful statements by the User in regard to use of this site, from places outside Australia. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws.
TRADEMARKS
iSTUDIO’s, advertisers and licensors’ services or products referenced on this site are common law or registered trade marks or service marks of such parties.
DOMAIN NAME
iSTUDIO registers and retains ownership of custom domain names for use with Customer accounts and wedding websites. Domain names are serviced by iSTUDIO and no access is given to domain names or settings outside iSTUDIO. Select domain names may be transferred to iStudio.net.au Customers upon request and approval. Domain transfer fee is $30 per year unless otherwise noted or quoted. Customer is then responsible for all renewal, hosting and other associated fees of maintaining own domain name. iSTUDIO does not offer support for domain names once transferred.
REFUNDS AND UPGRADES
ISTUDIO offers a 30 day 100% money back satisfaction guarantee with all paid accounts. Contact iStudio.net.au to request refund. No refunds shall be rewarded after 30 days of original payment to iStudio.net.au. iSTUDIO will not offer pro-rated refunds. Upgrades from the monthly payment service to a one year service is subject to a $45 upgrade fee if after 30 days from subscription creation.
WEBSITE CONTENT
You agree that You have the needed and required rights and permissions on all content uploaded to Your wedding website. Files such as music, photos, videos and other, must be accompanied by permission in writing from current copyright or license holder(s). Upon notification and proof of copyright infringement, Your account and or website may be suspended or terminated. Accounts with content deemed hateful, vulgar or offensive by iSTUDIO may be made inactive or removed from our system.
DISCLAIMER OF WARRANTIES
iSTUDIO AND ITS ADVERTISERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, STABILITY OF WEB SERVER, UP TIME OF WEB SERVER(S) OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. FILE FORMATS, UPLOADED MUSIC, DIGITAL IMAGE RIGHTS AND OTHER CONTENT UPLOADED BY YOU FOR USE ON YOUR WEDDING WEBSITE ARE NOT WARRANTIED BY iSTUDIO AND YOU ARE RESPONSIBLE FOR ALL SUCH CONTENT AND PERMISSIONS. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. iSTUDIO AND ADVERTISERS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE AND THE SERVICES RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ISTUDIO AND ADVERTISERS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND YOUR PERSONAL WEDDING WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS, INCOMPATIBILITIES OR ERRORS WILL BE CORRECTED. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL iSTUDIO OR ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE WEDDING WEBSITE OR CUSTOM WEB SITE CREATION SERVICE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF iSTUDIO OR ADVERTISERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, iSTUDIO AND ADVERTISERS LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless iSTUDIO, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, all services, information or products from this site, or any violation of this Agreement. iSTUDIO reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with iSTUDIO in asserting any available defenses.
LEGAL COMPLIANCE
iSTUDIO may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site or their personal wedding website for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, iSTUDIO may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and iSTUDIO shall not be liable for damages or results thereof and User agrees not to bring any action or claim against iSTUDIO for such disclosure.