StudioDaily Terms.

Our marketplace:
 
StudioDaily is a provides a service that gives artists the ability to find studios that fit their needs. Artists can book hourly or daily studio sessions anywhere in the world 24 hours a day. In addition to time, studios listed on our platform may include, in-house production, instrument rentals, audio engineers & many other services. StudioDaily acts only as a facilitator and we do not assume liability for artists and/or studios.
 

Payment & Fees:

StudioDaily charges a monthly subscription fee for listings on our platform. These subscriptions can be cancelled and/or switched at any time without penalty. All transactions are processed using PayPal and we offer instant payment with zero commission fees to our sellers. Vendors, studio owners and service providers must have a valid PayPal account capable of receiving funds to use our platform. PayPal accepts all major credit & debit cards and an account is not required for purchasing studio time and other services.

Listings:

All studio listings must include bookings calendars and/or products such as subscriptions, merchandize and other services. Please ensure that you include the most accurate information when creating your listings. Any misleading listing will result in removal from our site.

Refunds/Cancellations:

Sellers must clearly identify the terms of their refund/cancellation policy within their listing details. All refunds/cancellation must be mutually agreed upon by both parties and is the responsibility of the seller to process. Artist/Customers are encouraged to contact sellers directly in the event of a cancellations and/or to request a refund. StudioDaily will not be held responsible for refunds/cancellations pertaining to any services or products we do not directly provide.

 

Terms Of Service

TERMS OF SERVICE
These terms of service are a legal agreement between you, an individual or entity, and StudioDaily LLC, governing the use of the www.studiodaily.net site and the files, information, products and services on the Site. By using our service, you agree to the terms set forth below. These are subject to change at any time and notice of such shall be given by posting a revised TOS on our site. your continued use of our site thereafter constitutes acceptance of any modified terms. If you are not in agreeance with these terms or conditions, please do not attempt to use our service for any purpose. 

1. Definitions

“Artist/client” is defined as an individual/entity that uses our service to find studios to book. . “Studio” is defined as a commercial or residential space, listed for the purpose of booking reservations. “Vendors/service provider” is defined as an individual/entity who providers goods or services such studio time, audio engineering etc on our site.

2. Limited License

StudioDaily grants you a limited, revocable, license to access and use our Service for the purpose of (a) viewing listings for the purchase of studio time, products and/or services. As well as (b) posting listings for the sale of studio time, products and/or services subject to our TOS.

3. Fees

Studiodaily does not charge any fee or commission for purchasing or providing studio bookings, products or services.

4. Cancellations

StudioDaily solely facilitates the sale of studio bookings, products and/or services between vendors/service providers and artist/clients. Any refunds/cancellation of a Studio bookings, products and/or services after is purchase are governed by the refund/cancellation policy set forth by the vendor/service provider and is not the responsibility of us (StudioDaily).

5. Content

You may create an account for our service that allows you to upload certain content for your account profile, studio listings, products or services. By uploading Content, You (a) represent that (i) the Content is consistent with the Acceptable Use provision below, (ii) is accurate, and (iii) you have proper ownership or license to grant StudioDaily the following license to use Content; (b) grant to StudioDaily a worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, and use the Content in the provision of Service. We will treat Content provided by You in accordance with our Privacy Policy, which is hereby incorporated by reference.

6. Compliance With Laws

You are responsible for complying with all laws, including without limitation federal, state, and local housing and rental laws, and local business permitting, registration, and rental fee requirements.

7. Acceptable Use

As a condition of your license to use of our service, you agree that you will not do any of the following:

Use this Site if you are under the age of 18 or otherwise unable to enter into binding legal agreements; Make listings for anything other than a Studio, products and/or services; Make listings for Studios with inaccurate information or details, including information and details pertaining to the origin of the listing or your affiliation with the Studio; Share your account or password with others; Use the Service unlawfully or for an unlawful purpose; Transmit any Content that is illegal, abusive, harassing, racist, hateful, sexually explicit, pornographic, obscene, or in our sole discretion objectionable; Stalk, harass, or harm another individual; Impersonate another, misrepresent or falsely identify yourself; Use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; Take any action that imposes an unreasonable or disproportionately large load on the servers our service is hosted on; Use any robot, spider or other automatic device, or a manual process, to collect or harvest information about users; Give the impression that they emanate from us, if this is not the case.

8. Limitation of Liability

IN NO EVENT SHALL STUDIODAILY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR OUR SERVICE. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

9. No Warranty

THE SERVICE ARE PROVIDED “AS IS”. STUDIODAILY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHERMORE, STUDIODAILY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE SERVICE.

10. Indemnity

StudioDaily  is a platform for the sole purpose of connecting vendors/service provider with artist/clients. Any agreement to  purchase studio bookings, products and services is contracted between the vendor/service provider and artist/client. StudioDaily does not guarantee the accuracy of any listing or the performance of either party. Any breach of a contractual agreement for a Studio, any damages to a Studio, or any other dispute between a vendor/service provider and an artist/client is a dispute directly between such parties. You agree to indemnify and hold harmless StudioDaily for any dispute arising from or in connection with any other user of our service.

11. Term and Termination

The term of these TOS shall commence upon your initial use of our service, and shall continue until terminated in accordance with these TOS. The TOS and the Limited License set forth in Section 2 shall terminate upon any of the following:

Written notification by StudioDaily that, in StudioDaily’s sole determination, a material breach of the TOS has occurred.

Sections 8-10 and 12 shall survive the termination of these TOS.

12. Miscellaneous

Choice of Law. The TOS shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

No Waiver. StudioDaily’s failure to exercise or enforce any right or provision of the TOS will not be deemed to be a waiver of such right or provision.

    No Third-Party Beneficiaries or Rights. These TOS are not intended to create any rights or benefits for third-parties.
    1. Entire Agreement. These TOS, together with the Privacy Policy and any amendments and additional agreements you might enter with StudioDaily in connection with our Site or Service, shall constitute the entire agreement between you and StudioDaily concerning the Site or Service, and shall supersede any prior terms you had with StudioDaily regarding the Site or Service.
    1. Severability. If any provision of these TOS is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these TOS shall remain in full force and effect.
    1. Limitation of Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, NY before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.

For questions, comments or concerns relating to our TOS or  Site, please contact us at info@studiodaily.net

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