Terms Of Service

Digital Studio FX Terms of Service Agreement

1. Introduction

This is a legal agreement between you (the “User”) and Digital Studio FX (the “Company”), located at 619 E Jensen St Unit 25 Mesa AZ 85203, for the use of the proprietary software service (the “Service”). By using the Service, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, do not use the Service.

2. Service Description

The Service is a proprietary software service that allows Users to access and use certain features and functionality provided by the Company. The Company reserves the right to modify or discontinue the Service at any time, with or without notice to the User. The Company shall not be liable to the User or any third party should the Company exercise its right to modify or discontinue the Service.

3. User Obligations

The User agrees to use the Service only for lawful purposes and in accordance with this Agreement. The User shall not use the Service to upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable. The User shall not use the Service to upload, post, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. The User shall not use the Service to upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. The User shall not use the Service to upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

4. Proprietary Rights

The Service and all materials included on or within the Service, including, but not limited to, text, images, graphics, logos, and software (the “Materials”) are the property of the Company or its licensors and are protected by copyright, trademark and other laws of the United States and foreign countries. The User may not reproduce, display, distribute, or otherwise use the Materials for any commercial or public purposes without the express written consent of the Company.

5. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service. The Company does not warrant that the Service will be uninterrupted or error-free, and the Company will not be liable for any interruptions or errors.

6. Limitation of Liability

The User agrees that the Company shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, incidental, or consequential damages, arising out of or in connection with the use or inability to use the Service.

7. Indemnification

The User agrees to indemnify and hold the Company and its affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the User’s use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of the User’s representations and warranties set forth above.

8. Governing Law and JurisdictionThis Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principles of conflicts of law. The User agrees that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Maricopa County, Arizona, and the User hereby consents and submits to the personal jurisdiction of such courts for the purpose of litigating any such action.
   9. Entire Agreement
   This Agreement constitutes the entire agreement between the User and the Company with respect to the use of the Service. This Agreement supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the User and the Company with respect to the Service. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
   10. Changes to the Agreement
   The Company reserves the right to modify this Agreement at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such modification constitutes the User’s acceptance of the terms and conditions of this Agreement as modified.
   11. Contact Information
   If you have any questions about this Agreement or the Service, please contact us at Digital Studio FX, 619 E Jensen St Unit 25 Mesa AZ 85203 or at james@digitalstudiofx.com