Plus2Studio
Podcast, Photography and Video Studio
Podcast, Photography and Video Studio
389 Waller Ave., Lexington, KY 40504 :: Tel: 502.591.0129 :: Web Address: plus2tv.com
The www.plus2studio.com (the "Website") is a service offered by Plus2studio.com ("Company"). These Terms of Service (the "Terms") describe the terms and conditions applicable to all users access to and use of the Website, including those users who are also producers who post videos and shows under separate agreements with Company ("Producers"). If you are a producer submitting or uploading videos or shows to the Website, these Terms in conjunction with additional terms govern your access to and use of the Website.
1. Agreement to Terms and Updates: By accessing or using the Website, you acknowledge that you have read, understand and agree to be bound by these Terms, including the Privacy Policy incorporated herein, which form an agreement between you and Company that is effective as if you had signed it. YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED AND YOU MUST DISCONTINUE USE OF THE WEBSITE IMMEDIATELY.
Company may revise the Terms at any time by posting the revised Terms on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. You can determine when the Terms were last revised by referring to the "Last Revised" date under the title of the Terms. Changes to the Terms will not be applied retroactively. Company may make changes to the Website, Content (defined below), Activities (defined below), products, services or features of the Website at any time. You understand and agree that Company may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice.
2. Permitted Users: The Website is directed to persons 18 years of age or older. Some Content on the Website may contain adult language or material and be unsuitable for persons under the age of 18. Company does not knowingly collect information from children under age 18. If you log into the Website from Facebook or provide information to the Website, you represent and warrant to Company that you are 18 years of age or older.
If you are under age 13, you are not permitted to use the Website or to submit any information to the Website.
If you are age 13 - 17, you may not submit personal information to the Website, but you may visit, browse and view Content on the Website. You represent and warrant to Company that you have the permission of your parent or guardian to do so and that your parent or guardian agrees to these Terms on your behalf.
If you are a parent or guardian and believe Company may have inadvertently collected personal information from your child under age 18, please notify Company immediately by sending an email to admin@plus2studio.com detailing the basis of your belief and your request.
3. Privacy Policy: Please review the Privacy Policy for the Website, which is incorporated in these Terms. If you do not agree with the Privacy Policy, you are not authorized to use the Website.
4. Permitted Uses: The Website and Content are made available for personal, noncommercial entertainment viewing and exchange of ideas. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Website or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
The Website and its content, including without limitation text, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, software and other information and materials ("Content"), is the sole and exclusive property of Company or the Producers or other content providers or users. You agree not to access the Website by any means other than through a standard web browser or mobile device. You agree not to remove, modify or obscure any acknowledgements, credits or legal notices on the Website or in the Content.
Special terms may apply to some products, services or features offered on the Website, or to any sweepstakes, contests, surveys or promotions that may be offered on the Website (collectively, the "Activities"). Such special terms or rules (which may include official rules and expiration dates) may be posted in connection with the applicable Activity. By participating in any Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules which are linked from the particular Activity, and to review our Privacy Policy which, as part of these Terms, governs any information you submit in connection with such Activities. Any special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.
5. Proprietary Rights: You acknowledge and agree that, as between Company and you, all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Company, its affiliates, suppliers, vendors or licensors, including without limitation Producers (collectively, "Company Entities") and are protected by United States intellectual property and other applicable laws.
Copyright: All Content is the copyright and property of the Company Entities and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Website or the Content other than as expressly authorized by Company in writing.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to the Company Entities. Unauthorized use of any trademark of the Company Entities may be a violation of trademark laws. Company� and Company.TV� are registered trademarks of Company. Any names or trademarks of other parties referenced in the Website or Content do not constitute or imply affiliation, endorsement or recommendation by Company of the other parties, or by the other parties of Company.
6. Your Indemnity of Company: YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE Company ENTITIES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS� FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE WEBSITE, OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE WEBSITE; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF ANY Company ENTITY OR ANY THIRD PARTY; AND (C) ANY ACTIVITY RELATED TO YOUR USER PROFILE, OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR USER PROFILE.
7. Communication Services: The Website may contain blogs, chat areas, forums, comments, rankings, communities, calendars, Activities or other message or communication facilities designed to enable you and others to communicate with other Website users or Company (collectively, "Communication Services"). You acknowledge that your submissions to the Website may be or become available to others on the Website and elsewhere. You agree only to post submissions or send and receive messages and materials that are appropriate, not confidential or private, and related to the particular Communication Service.
8. Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Company reserves the right to determine what types of conduct it considers to be inappropriate use of the Website. In the case of inappropriate use, Company may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
9. Exposure to Content: Any Content or views posted or made available through the Website are strictly those of the originating author, user or Producer, who is solely responsible for such Content. Use of or reliance on any Content is entirely at your own risk. Company does not endorse any Content posted by others nor vouch for its reliability. Under no circumstances will Company be liable in any way for any Content posted by others.
You acknowledge that Company may or may not pre-screen Content posted by others, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete, alter, repost, or move any such Content, including without limitation any Content that violates the Terms or are otherwise objectionable in Company's sole discretion. Company shall have no liability for such handling of Content. By viewing this Website, you agree that viewing and reading the Content does not violate the laws or standards imposed by your town, city, state or country.
You understand that by using this Website, you may be exposed to Content that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any Content. You further acknowledge and agree that you will not rely on any Content available on or through the Website.
10. Submissions: You are solely responsible for the Content that you post, share, email, transmit or otherwise make available via the Website ("Submission"). All Submissions are subject to these Terms. Company is under no obligation to post or use any Submission and may pre-screen, refuse, delete, alter, repost, or move any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, accurate and not misleading; that you own all right, title and interest, including copyright, to your Submission, and that your Submission is your own original work; that your Submission does not include the trade secret or confidential information of others, and does not infringe or violate any other person's or entity's rights; and that you and any other person or entity (or its owner) mentioned or shown in your Submission hereby release and hold harmless the Company Entities from and against any and all claims concerning any use, publication, deletion, modification or distribution of the Submission or any part thereof. You must hold all necessary releases, licenses and consents concerning the contents of your Submission and all necessary rights to post, publish, distribute, or transmit your Submission.
You agree that you will evaluate and bear all risks associated with your Submission and any disclosure in your Submission. Submissions will be available to Website users and to users of other websites and services throughout the world.
By making a Submission, you grant the Company Entities and their licensees, assignees and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sub-licensees), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display and create derivative works of your Submission (in whole or in part), along with your name or any part thereof, your city/town/village of residency, and other information from your user profile, in Company's sole discretion, on the Website or elsewhere, and to use or incorporate all or any part of your Submission into advertising, promotion, marketing, review, recommendations, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and waive, release, and hold the Company Entities and its affiliates, licensees, assignees and designees harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
11. Links to Other Websites: The Website may contain advertisements, postings and links to websites operated by other parties. The Website provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under the control of Company which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties' products or services do not imply endorsement of information, material, products or services of any other party or any other website. Company disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Company is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
12. Linking to the Website: You may link another website to the Website subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of Company or the Website; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, endorsed by, affiliated with, or associated with Company or the Website; and (iii) when selected by a user, the link must display the Website on full-screen and not within a "frame" on the linking website. Company reserves the right to revoke its consent to any link at any time and in its sole discretion. You agree to take down the link if Company revokes its consent.
13. Modifications: Company reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Website, Content or Activities, or any portion thereof, with or without notice. You agree that Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, Content or Activities. You should retain copies of your Submissions that you may want to save and not rely on the Website to preserve your Submissions.
14. Suspension and Termination: Company reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Website, Content or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Company shall not be liable to you or any third party for any such suspension, discontinuance or termination.
15. Disclaimers and Limitation of Liability: THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Company MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. Company MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Company DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
16. Governing Law and Disputes: Any dispute between you and Company arising out of or relating to these Terms, the Privacy Policy, the Website or its Content shall be governed by, and will be construed in accordance with, the laws of the State of Kentucky, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for Lexington, Kentucky, U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (i) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (ii) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (iii) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Website is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Company does not represent that the Website or Content is appropriate outside the United States of America. Company reserves the right to limit the availability of the Website for any person, geographic area or jurisdiction at any time in its sole discretion.
17. Miscellaneous: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Company's failure to act with respect to any failure by you or others to comply with these Terms does not waive Company's right to act with respect to subsequent or similar failures. These Terms, together with the Privacy Policy, set forth the entire understanding and agreement between you and Company with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Company, and any assignment or transfer in violation of this provision shall be null and void. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms or special terms or rules set forth on the Website, including without limitation the right to block access from a particular internet address.
Additional Producer Terms of Use
1. User Obligation: If you are seeking to upload material to this site or to engage in any activities within the site other than passively viewing site content, you must register and become a site member. As part of the registration process, you will be asked to ACCEPT these Terms of Use. On doing so, you will be deemed to have consented to and you will be bound by these Terms of Use.
Visitors to the site merely wishing to view content do not need to register and become members. However, any use of this site (which includes but is not limited to simply viewing the site's content) constitutes your acknowledgement and acceptance of these Terms of Use, which takes effect the moment you first use the site.
Company reserves the right at any time to change the terms, conditions and notices under which its services are offered, including but not limited to these Terms of Use, by posting such changes online. It is your responsibility to refer to and comply with these updated terms and conditions upon accessing the site. Your continued use of this site after changes are posted constitutes your acceptance of these terms and conditions as modified.
If these Terms of Use are not accepted in full, you do not have permission to access the contents of this site or to upload content to this site and you should cease using this site immediately.
If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this site relating to specific material, then the latter shall prevail.
2. Ability to Accept Terms of Service: You affirm that you are either more than 17 years of age or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
You must be 17 years or over or possess legal parental or guardian consent to register as a member of this website. If we discover or have any reason to suspect that you have not reached 17 years of age or that you do not have legal parental or guardian consent, then we reserve the right to suspend or terminate your membership to this site immediately and without notice.
Children and young people under 17 are entitled to access this site to view its content but are not presently able to register as members and actively i.e., upload content. Certain parts of the site (e.g., those containing films with adult language and/or content) may be unsuitable for younger viewers. Company offers user-managed content ratings, but we do not independently vet or verify these ratings and therefore we cannot and do not guarantee the accuracy of these content ratings.
3. Password, Screen Name and Security: When you register as a member of Company, you will be asked to select a Screen Name and we will provide you with a Password which you are then free to change to your own original Password. Your Screen Name and Password allow you to access your account and, as we continue to enhance the site, log on to areas of the site that are reserved for members only.
You accept that it is your sole responsibility to maintain the confidentiality of your Password and Screen Name and that you are responsible for all activity that occurs under them. Company is unable to check the identity of people using the site and will not in any way be liable where your Password or Screen Name are used by someone else. You agree to notify Company immediately of any unauthorized use of your Password or Screen Name and any other breach of security as soon as you become aware of it.
Any private information and/or data relating to your membership to Company or your uploaded content that you are asked to supply or that you supply voluntarily as part of the registration process and as part of the upload/download process, will only be used by Company, our subcontractors, employees, agents and advisors, including legal advisors, as part of the process of administering your membership and when making decisions whether any material you seek to upload onto the site should be accepted or rejected. In addition, we may, at our sole discretion, disclose this information to the police, regulatory bodies or any legal advisers in connection with any suspected or alleged criminal activity or offense or suspected breach of these Terms of Use, including but not limited to any claim of infringement by you, or otherwise where required by law. Otherwise, this information will be kept private and confidential and will not be passed on to third parties without your express consent.
4. Hold Harmless and Indemnification: You agree to hold harmless and indemnify Company, its employees, agents, representatives and third-party content, distribution, advertising or other strategic partners from and against any third-party claim arising from or in any way related to your use of the Company site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees, of every kind and nature. If Company receives notice of such a claim from someone other than the member whose use of the site is in question, Company will provide that member with written notice of such claim, suit or action, at the email address provided by that member at the time of registration.
5. Grant of License: When you upload or post content to Company, that content becomes public content and will be searchable by and available to anyone who visits the Company site. Company does not claim ownership of the materials you post, upload, input or submit to the Company site. However, by posting, uploading, inputting, providing or submitting your content to Company, you are granting Company, its affiliated companies and partners, a worldwide, revocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that content for the purposes of displaying that content on Company and on other Web sites, devices and/or platforms. Content that you upload to Company will generally be available to the public in RSS feeds designed to allow for the automatic syndication of content throughout the Company is an open platform and designed for the free exchange of content and ideas.
When you upload or post content to the Company site, you grant Company a license to distribute that content, either electronically or via other media, to users seeking to download it through the Company site or for purposes of other services provided by Company and to display such content on Company affiliated sites. This license shall apply to the distribution and the storage of your content in any form, medium, or technology now known or later developed as necessary for us to provide the Company services as they now exist or are developed in the future.
Company respects the fact that your content is yours, and will not sell advertising on your content or sell your content without your permission. For more information on this, see the ADVERTISING section of these Terms.
6. Copyright and Other Intellectual Property: The content on the Company site, including without limitation, the text, software, graphics, photos, and videos, is owned by or licensed to Company, subject to copyright and other intellectual property rights under United States Copyright Act and trademark laws, foreign laws, and international conventions. Company reserves all rights not expressly granted in and to the website and said content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of said content.
All copyright, trademarks, service marks and other intellectual property rights in this site (including the design, arrangement, and look and feel) and all material or content supplied as part of the site, other than user-generated content, shall remain at all times the property of Company, its affiliates, associated companies, and/or licensors.
The names, images and logos identifying Company are proprietary marks of Company, its associated companies and/or affiliates. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of Company, its associated companies and affiliates, or any third party unless expressly stated otherwise.
You shall be solely responsible for your own content and the consequences of posting or publishing said content. In connection with all content that you upload to Company, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Company to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to said content, including without limitation any musical recordings contained therein; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in any uploaded video to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the website and these Terms of Use.
In addition to posting your own content on Company, you can also enjoy the many videos uploaded by others in the Company community. The Company site includes a combination of content that we license from third party partners and content that is created and posted by our users. All of the content on the Company site is protected by the copyright of one or more of the following: Company, our partners or our users. Materials uploaded to Company may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
As a creator of content uploaded to Company or as a passive user of the Company site, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the content on the Company site in whole or in part outside of the specific usage rights granted to you by each license. If you download or print a copy of any Company content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise use, reproduce, display, publicly perform, or distribute such content in any way for any public or commercial purpose unless such use is expressly granted by a particular license.
If you believe that any of your intellectual property rights have been violated (e.g., your copyright or trademark infringed) by material available on the Company, you will need to provide, at a minimum, the following information immediately:
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information on our copyright policy and procedure for reporting alleged copyright infringement, please click here.
Any rights not expressly granted herein are reserved.
If you have any questions or concerns about these Terms of Service please don't hesitate to contact us at admin@plus2studio.com. Thank you!