1. Application
These Terms of Use (“Terms”) govern your access to and use of the professional, website, products and software services provided by Insight Progressive LLC DBA IPSTUDIO (“we,” “us,” or “our”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our services.
2. Access to our website, business and software services
Access to and the use of our website, business and software services is allowed on a temporary basis. We reserve the right to withdraw or amend our service on our website without notice. We will not be liable if our website, business and software services are not available at any time, for any reason.
Some parts of our website, products and software services are only available to registered users. From time to time, our website, products and software services will not be available due to planned updates, maintenance operations or the introduction of new services. We will try to limit such operations to (the hours between 10 PM and 5AM) and we will issue a warning for any planned maintenance (2) days upfront. In case of urgent maintenance, we will have the right to restrict the availability of our website, products and software services without warning.
You must be at least 18 years old and have the legal capacity to enter into agreements to access or use our services. By accessing or using our services, you represent and warrant that you meet these eligibility requirements.
Some of our services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3. Intellectual Property
The content of the ipstudio.co website, products and software services is protected by copyright, trademarks and service marks, database rights and other intellectual property rights. We are the owner or licensee of such rights.
You may print or reproduce reasonable parts of the content for the purpose of your own personal, non-commercial use, provided that you keep and display all copyright notices and proprietary notices.
You may not otherwise reproduce, copy, modify or distribute nor use for any commercial purposes, any of the materials, information or other content displayed on the ipstudio.co website, products and software services without our explicit prior written permission.
You may not reproduce the content of our website, products and software services without our explicit prior written permission, nor manually, nor using automatic means. Reproducing, framing and embedding such content will be regarded as reproduction.
4. Reliance on Information
Except insofar we are required by Law to provide correct information, or except insofar you, as a consumer, may reasonably expect to receive correct information about our goods and services, any information, commentary and other materials posted on our website, products and software services are not intended as accurate, complete and up-to-date advice on which you should rely as a sole source of information, and we disclaim all liability in that respect to the extent permitted by law.
5. Acceptable Use
You may visit and use the ipstudio.co website, products and software services only in accordance with the principles of acceptable and lawful use and for acceptable and lawful purposes.
This means that it is not allowed to use ipstudio.co services:
– in any way that infringes any applicable local, national or international law or regulation;
– in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose, or creating an unlawful or fraudulent effect;
– for the purpose of harming or attempting to harm minors in any way;
– for gaining unauthorized access to computer systems;
– in order to interfere with any other person’s use or enjoyment of the ipstudio.co services;
– in order to interfere, or gain unauthorized access to, networks or websites or equipment linked to the ipstudio.co services, or owned by any third party;
– to transmit, or to procure the sending or uploading of any unlawful, unsolicited or unauthorized advertising or promotional material, or any other form of such solicitation or marketing (e.g. spam, junk mail, chain letters, pyramid systems);
– to deliberately transmit, upload or otherwise diffuse information that is discriminating, false, libelous, obscene or insulting;
– to try to re-transmit, send or upload or otherwise diffuse any information that is not allowed according to these terms, after it has been refused or removed by us;
– to transmit any data or material containing viruses, Trojan horses, worms, time-bombs, spyware, adware, malware or any other harmful code designed to adversely affect computer software or hardware;
– to impersonate another person than yourself.
Some of the above mentioned actions can be regarded as criminal offense.
6. Forums – Community – Comments
The ipstudio.co website, products and software services includes a number of community pages and user forums, and other space allowing the users to interact via message boards, forums or comment boxes.
The opinions and views expressed by persons posting on our community pages do not represent the views of IPSTUDIO.
You will ensure that your comments on any person, group of persons, organizations goods, or services, will not violate any right of any third party, including any right of personal integrity and any right of intellectual property, and that your comments will not contain unlawful, libelous, abusive or obscene material, or any material that is otherwise offending against the generally accepted legal, ethical and moral principles applicable in Nevada, USA.
We do not control or moderate the content that is placed on such pages. However we reserve the right to monitor and review and/or edit posted content, and we reserve the right to refuse to post certain materials, or to remove or edit such materials, without warning or notification, based upon a complaint of third persons or authorities, or based upon our concerns following our own reviews. We may especially refuse, edit or remove content that we determine in our sole discretion as illegal, offensive, libelous, defamatory, obscene or otherwise unacceptable taking into consideration our legal, ethical and moral standards, as well as the accepted commercial practices.
7. Suspension or Termination of Use
We have the right to determine in our discretion whether there has been a breach of our terms and conditions through your use of our website, products and software services. When we believe that such breach has occurred, we may take any action that we believe is appropriate, including an immediate temporary suspension of the use of our website or a permanent termination of such use, through disabling your password or otherwise.
Furthermore, in such case we have the right to remove or refuse any posting or material uploaded by you on our website, products and software services, and in case of criminal offense or other unlawful actions we will have the right to inform the law enforcement authorities if we feel that such is necessary, and we may co-operate with such authorities by disclosing your identity to them.
IPSTUDIO may change, suspend or discontinue its products/services for any reason, without notice. Without limiting the foregoing, we may limit your access to IPSTUDIO’s products/services, should we believe your use of our products/services negatively affects our ability to operate or sustain a profitable business.
Upon a legitimate request of the competent public authorities, or a complaint of third parties that seems legitimate at first sight, we will have the right, and possibly even an obligation, to undertake any of the above-indicated actions.
The actions mentioned herein will not limit any other possible actions under Nevada Law, including legal proceedings and/or claims for damage compensation or indemnification.
8. Advertising Sponsorship
Our website, products and software services may contain advertising or sponsorship through links or banners. The content of advertisements is not submitted to us prior to the publication. Only the advertisers must ensure that any advertising complies with the legal, ethical or sectoral requirements. We are not responsible for any content of such advertisements
9. Links To Other Websites
Our website may include links to other websites or material. We do not warrant that such links are continuously operational. We are not responsible for any linked websites or linked material, which is beyond our control.
Other websites are permitted to link to our homepage, provided that this is done in a manner that is fair and legal, in accordance with the principles set out in our acceptable use policy (see above) and without damaging our reputation, and without implying or suggesting any association, approval or endorsement from us.
The framing of a part of our website, or a deep link into our website, is only permitted after our prior written agreement.
10. Disclaimer of Warranties:
IPSTUDIO’s products/services and all related components and information are provided on an “as is” and “as available” basis without any warranties of any kind, and IPSTUDIO expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that IPSTUDIO does not warrant that IPSTUDIO’s products/services will be uninterrupted, timely, secure, error-free or virus- free, nor does it make any warranty as to the results that may be obtained from use of IPSTUDIO’s products/services, and no information, or advice obtained by you from IPSTUDIO or through the IPSTUDIO website shall create any warranty not expressly stated in this proposal.
– We provide our services on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied.
– We do not warrant that our services will be uninterrupted or error-free, or that any defects will be corrected.
11. Your Liability
In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of or inability to use our services. You will be held responsible for all losses, costs and expenses incurred by us, including attorney’s expenses, all damages, indemnities or fines awarded against us by any court or other competent authority, and all sums paid by us as a result of any settlement agreed by us, arising out or in connection with:
– Any claim by any third party or authority that the use of the IPSTUDIO’s website, products and software services by you is defamatory, offensive or abusive, or of an obscene nature, or is illegal, or in breach of an applicable code of practice;
– Any claim by any third party that the use of the IPSTUDIO’s website, products and software services by you infringes that third party’s copyright or other intellectual property rights of whatever nature.
12. Our Liability
As stated above in these website, products and software services Use Terms, we do not accept liability for the unavailability of the website, professional or software services, nor for actions or statements of third parties on our website. The information displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy, except for information about our own goods or services, insofar you, as a consumer, may reasonably assume that such information is correct. Except as otherwise provided, we hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use, the inability to use, or the results of the use of our website, any information or materials displayed or incorporated in it, and any websites linked to it. Thus, we exclude, amongst other, the liability for loss of data, loss of business, loss of opportunities as well as moral damage. However, we do not exclude any liability that would arise from fraudulent representation by us or an employee of our company, if that would occur. We try insofar this is reasonably possible, to avoid the occurrence of malware on our website or that is transferred making misuse of our website; however, we are only able to apply the normal precautions against such malware and we cannot guarantee the absence of such malware.
Under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall IPSTUDIO be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data, or any matter beyond our reasonable control. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, IPSTUDIO’s liability will be limited to the greatest extent permitted by law.
13. Information About You
We process information about you, including information about your visits to our website, products and software services, in accordance with our Privacy Policy, found here. Using our website, you consent to such processing of data and you warrant that all data provided by you is accurate.
14. Contractual Transactions
Any contracts for the supply of goods or services that are formed through our website, products and software services, are governed by our Terms and Conditions.
15. Payment Terms
All payments are due within 30 days of delivery of service and invoice. Late payments incur 5% fee per month, compounding. Non payment will result in revocation of service, to restore service a fee applies, starting at $299. All services are month-to-month unless otherwise stated in service contracts. Products and services are billed monthly in full regardless of usage or cancellation date.
16. Changes to These Terms
We are entitled to revise these website, products and software services Use Terms at any time.
We ask you to check these pages from time to time to take notice of any changes. You are deemed to have read and accepted the modified website, products and software services Use Terms.
17. Applicable Law and Jurisdiction
Nevada Courts will have jurisdiction over any claim arising from, or related to, the use of our website, products and software services in United States, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country that provides a legal ground for jurisdiction. These Terms of Use and any dispute or claim arising out of or in connection with them, shall be governed by and interpreted in accordance with the Laws of the State of Nevada.
18. Contact Us
If you have any questions or concerns about these Terms, please contact us at support@ipstudio.co.
By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.