Terms and Conditions
Last revised: 21/10/2020
Welcome to the South Coast Studio website. This website is owned and operated by South Coast Studio, a subsidiary of Snobs Interiors Ltd. and hosted on the Wix.com platform, referred to henceforth as "South Coast Studio". This page details this website's terms and conditions that apply to anyone who visits our website and uses our services and creates a terms and conditions contract between you and South Coast Studio which covers (1) your use of our website and (2) how we make our services available to you. These terms set forth the terms and conditions under which you may use our website and are necessary in order to protect both you and us, and to make sure our services are more enjoyable for everyone. By accessing or using the website and our services, you approve that you have read, understood, and agree to be bound by these terms.
1.1 Our Purpose
Our services provide a learning resource for users to learn and develop new skills in recreating paint effect techniques and to connect with a community of like-minded students to share ideas and inspiration, without being an experienced artist or decorator. As detailed below, we offer our users video tutorials, discussion forums, newsletters, galleries and downloadable content. We are licensed to use all the content on our website, and generally the content is owned by South Coast Studio. Please respect the content and the access.
1.2 Legal Agreement
These South Coast Studio terms and conditions set forth the entire terms and conditions applicable to each visitor or user to the South Coast Studio website, including the online and mobile version, collectively referred to herein as the "Website Platforms". The South Coast Studio terms and conditions constitute a binding and enforceable legal contract between South Coast Studio and you in relation to the use of any South Coast Studio services - so please read them carefully.
1.3 User Account
In order to access and use certain sections and features of the South Coast Studio services, you must first register and create an account with South Coast Studio ("User Account").
If anyone other than yourself accesses your User Account and/or your Website Platforms' settings, they may perform any actions available to you, make changes to your Website Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more - and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to the people you trust - as you will be solely and fully responsible for all activities that occur under your User Account on any Website Platform, whether or not specifically authorised by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering for your User Account and using the South Coast Studio services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company's) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and User Content submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgement, whether of not an independent investigation has been conducted by us. However, if we cannot back such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. a business license or government-issued ID) that may assist us in determining ownership. Among others, we may consider the principles set forth below:
South Coast Studio will consider the owner of a User Account and/or User Content accessed from, downloaded from and/or uploaded to any Website Platform as the person or entity who has access to the e-mail address then listed in the South Coast Studio's records for such User Account under which such User Content was created.
If any Courses were purchased via a User Account, South Coast Studio will consider the owner of such User Account to be the person or entity whose billing details were used to purchase the Courses ("Billing Information").
Notwithstanding the forgoing, South Coast Studio shall have the right to determine the ownership of User Content and a User Account as it chooses, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by South Coast Studio.
2. Your Obligations
2.10 You represent and warrant that:
you are at least thirteen (13) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the South Coast Studio terms and conditions and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the South Coast Studio terms and conditions;
you are not a resident of (or will use the South Coast Studio services in) a country that the U.S. government has embargoed for use of the South Coast Studio services, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
your country of residence and/or company's country of incorporation is the contact and/or billing address you provide us;
you understand that South Coast Studio does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or your compliance therewith;
2.11 Specifically regarding your User Content, you represent and warrant that:
you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by South Coast Studio services for you, to your Website Platform and user discussion forum, including any designs images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, and any other materials ("User Content"), or otherwise have and will continue to have to full power, title, licenses, consents and authority in and to use the User Content as necessary to legally access, import, copy, use, publish, transfer to license such User Content by you and us;
the User Content is and will continue to be true, current, accurate, non-infringing upon any third-party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you and you reside;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
2.2 You undertake and agree to:
fully comply with all applicable laws and any other contractual terms which govern your use of the South Coast Studio services (and any related interaction or transaction), including those specific laws applicable to you in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the South Coast Studio services which occur under your User Account and on any Website Platform, and for any of your User Content (including any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the South Coast Studio services);
receive from time to time promotional messages and materials from South Coast Studio by e-mail or any other form of contact you may provide us with (including your phone number for calls and texts, and mailing address). If you wish to not receive such promotional materials or notices - please just notify us at any time;
allow South Coast Studio to use in perpetuity, worldwide and free of charge any User Content uploaded from your User Account for any of South Coast Studio's marketing and promotional activities online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against South Coast Studio relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide that you may have in or to your User Content with respect to such limited permitted uses;
South Coast Studio's sole discretion as to the means, manner and method for performing South Coast Studio services (including the inclusion and presentation of any advertisements or other commercial content with respect hitherto).
South Coast Studio shall have the right to offer the South Coast Studio services in alternative price plans and impose different restrictions as for the upload of User Content and download and use of any services in each price plan.
If you decide to share our Homepage URL or any URL associated with and/or originating from the South Coast Studio website you must acknowledge where the content comes from.
2.3 You agree and undertake not to:
photograph, record, screen-print, live-stream, duplicate or in any other way copy restricted content, including South Coast Studio Courses, that can be shared, distributed, linked to, accessed or otherwise made available to unauthorised Users.
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassmeble the South Coast Studio Website on any Website Platform, the South Coast Studio services (or any part thereof), any Content offered by South Coast Studio and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without South Coast Studio's prior and explicit written and specific consent;
upload, submit, transmit or display any User Content which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of South Coast Studio (including intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without prior explicit approval;
use any illegal action to collect login data and/or passwords for other Users, software or services;
phish and/or distribute or otherwise make available credit card information via the South Coast Studio Website Platforms;
use any high volume, automated, or electronic means (including without limitation "robot", "spider" or other automatic device, program, script, algorithm) or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the South Coast Studio Website Platforms (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the South Coast Studio services to obtain or attempt to obtain any materials, documents, services or information through means not purposely made available through the South Coast Studio services;
act in a manner which might be perceived as damaging to South Coast Studio's reputation and goodwill or which may bring South Coast Studio into dispute or harm;
access the South Coast Studio website and/or services for the purpose of harming or attempting to harm minors in any way;
frame the South Coast Studio website and/or services, place pop-up windows over its pages, or otherwise affect the display of its pages, nor to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the website;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use South Coast Studio or South Coast Studio marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on South Coast Studio services and/or Website Platforms, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to South Coast Studio and/or any of the South Coast Studio members;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that South Coast Studio or any third party endorses you, your business, your products or any statement you make;
reverse look-up, trace, or seek to trace another User of South Coast Studio services, or otherwise interfere with or violate any User's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the South Coast Studio services and/or Website Platforms without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the South Coast Studio services, Website Platforms, the account of another User(s), or any other systems or networks connected to the South Coast Studio services by hacking, password mining, or other illegitimate or prohibited means;
probe, scan or test the vulnerability of the South Coast Studio services or any network connected to the South Coast Studio services;
upload to the South Coast Studio services and/or Website Platforms or otherwise use them to design, develop, distribute and/or otherwise transmit or execute any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the South Coast Studio services or systems or networks connected to the South Coast Studio services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the South Coast Studio services and/or Website Platforms in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing and advertising;
access to South Coast Studio services, User Accounts, Licensed Content, and/or User Content, through any means or technology (including scraping and crawling), other than our publicly supported interfaces;
sell, license or exploit for any commercial purposes any use of or access to the South Coast Studio Website Platforms and/or the content and/or the services (including, but not limited to, making money or attracting advertising to another business by using our website, and/or the sale of access to Courses or any associated content);
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the South Coast Studio services and/or licensed content; or
violate, attempt to violate, or otherwise fail to comply with any of the South Coast Studio terms and conditions or any laws or requirements applicable to your use of the South Coast Studio services;
access or use the services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any services provided to you - with or without further notice to you, and without any refund of amounts paid on account of any such services.
2.4 Registration and Accounts
Any visitor can view the South Coast Studio website, but in order to participate fully and access Courses you must register for a personal account with South Coast Studio by providing a name, an e-mail address and a password, and pay in-full the Fees associated with any Courses you seek to access. You agree that you will never divulge or share access or your access information to your User Account with any third party for any reason.
In setting up your User Account you may be prompted for additional information, including a personal autobiography and date of birth, and any other information that will help other Users get to know you and help us tailor the services to suit you. You undertake to us that all information provided by you in relation to your User Account is and will continue to be accurate, current and complete at all times and that you will maintain and update you information to keep it accurate, current and complete.
By registering with South Coast Studio for a User Account, you agree that you:
are, and will continue to be, registered for the South Coast Studio website and/or Courses only once and will not setup multiple User Accounts;
will not let anyone else use your User Account;
will notify us immediately if you become aware of any other User breaching these terms and conditions.
3. Content and Ownership
3.1 License to use
Subject to your compliance with these terms and conditions, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and licence to:
access and internally use the South Coast Studio website and Courses only at your location solely as necessary to browse and/or participate in and/or access the content as permitted by these terms; and
download permitted content from the Courses so that you may exercise the rights granted to you by these terms and conditions.
3.2 South Coast Studio's Intellectual Property
All rights, title and interest in and to the South Coast Studio services, including all and any copyrightable materials, and any of the content thereof which is or may be subject to intellectual property rights under any applicable law (including any artwork, graphics, images, literary work, source and object code, audio, music, video and other media, animations, documentation, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by and/or licensed to South Coast Studio.
3.3 Feedback and Suggestions
If to you provide us with any suggestions, comments or other feedback relating to the South Coast Studio services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights ("Feedback"), such Feedback shall be exclusively owned by South Coast Studio. By providing such Feedback to South Coast Studio, you acknowledge and agree that it may be used by South Coast Studio in order to: (i) further develop, customise and improve the South Coast Studio services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalised South Coast Studio related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which South Coast Studio may use to provide and improve its services, (vi) to enhance South Coast Studio data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to South Coast Studio any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists' rights, and or other similar rights worldwide in or to such Feedback.
5. Service Fees
All Fees shall be deemed to be in Great British Pounds (GBP). To the extend permitted by law (and unless specified otherwise by South Coast Studio in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies and duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment to applicable Taxes relating to your use of the South Coast Studio services, or to any payments or purchases made by you. If South Coast Studio is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Courses and/or Events, or in connection with the renewal thereof (such as International transaction fees, currency exchange fees due to banks or credit card companies). South Coast Studio is not responsible for any such additional fees and costs.
As part of registering or submitting information to receive Courses or Events, you also authorise South Coast Studio (either directly or indirectly through third parties) to request and collect payment and service fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries South Coast Studio or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card, or banking account provider (e.g., updated expiry date or card number as pay be provided to us by your credit card company).
South Coast Studio may, on occasion, offer promotional and/or discounted rates for a limited time and/or a limited number of eligible users. It is at the discretion of South Coast Studio to determine the eligibility criteria and which users are eligible if a dispute occurs. South Coast Studio reserves the right to end any promotional period and/or revoke any discounted rates offered at any point, this includes the right to end a promotional period and/or discounted rates before the advertised dates and/or number of eligible users has been reached.
The use of certain South Coast Studio services may be subject to payment of particular fees, as determined by South Coast Studio in its sole discretion ("Courses" and "Fees", respectively). South Coast Studio will provide notice of such Fees in effect in relation to such Courses. If you wish to receive or use such Courses, you are required to pay all applicable Fees in advance. When buying an item, you agree that:
you are responsible for reading the full item listing before making a commitment to buy it;
you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
South Coast Studio reserves the right to change its Fees at any time, upon notice to you if any such change may affect your existing subscriptions. If you received a discount or other promotional offer, South Coast Studio will have the right to automatically and without notice renew any subscription to South Coast Studio services at the full applicable Fee.
For the purposes of this Agreement "event" shall mean any in-person workshops, tutorials and/or demonstrations, single-day or recurring, taking place at 123 Seabrook Road, Hythe, Kent organised and delivered by Simon Nobs, Director of Snobs Interiors Ltd.
5.21 All prices quoted by South Coast Studio may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of South Coast Studio. All bookings will be regarded as provisional until payment is received. South Coast Studio is under no obligation to hold provisional bookings.
5.22 Balance due - the balance of the total fee shall be payable at time of registration in order to secure the booking. Until payment has been made the booking will be considered provisional.
5.23 Methods of payment - all payments will be taken through the website only via Credit/Debit card or PayPal. Payments will not be taken over the phone, nor by bank transfer, and cash payments (including by cheque) are not accepted.
5.4 Subscription Auto-Renewals
Courses offered by South Coast Studios may contain a combination of one-off payment plans and subscription plans. In order to ensure that you do not experience any interruption or loss of services, certain subscription-based Courses include an automatic renewal option by default, according to which, unless you turn-off the auto-renewal option, such Courses will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) ("Renewing Courses"). Where applicable, South Coast Studio will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of a failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice. If your Renewing Course is subject to a yearly or multiple-year subscription period, South Coast Studio will endeavor to provide you a notice prior to the renewal of such Courses at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Course, you acknowledge and agree that the Renewing Course shall automatically renew in accordance to the terms above. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the South Coast Studio services you use (whether or not such South Coast Studio services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any South Coast Studio services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any South Coast Studio services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against South Coast Studio in relation to the discontinuation of any South Coast Studio services or Third Party Services for whatever reason.
5.5 Loss of data, content and capacity
If your User Account or any South Coast Studio services related to your User Account are cancelled (whether at your request or at South Coast Studio's discretion), it may cause or result in the loss of certain content, features, or capacity as of your User Account, including any User Content or other usage data retained therein ("Capacity Loss"). South Coast Studio shall not be liable in any way for such Capacity Loss, or for saving a back-up of your User Account or User Content. Please also note that additional Fees may apply to re-activation of a User Account and/or any South Coast Studio service following their cancellation, as determined by South Coast Studio in its sole discretion.
6. Misconduct and Abuse
When using the South Coast Studio services, you may be exposed to User Content from a variety of sources, which my be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against South Coast Studio with respect hitherto.
If you believe any User acted inappropriately or otherwise misused any of the South Coast Studio services, please immediately report such User to us (click "Contact" in the menu bar at the top of this page to find out how to contact us). You agree that your report shall not impose any responsibility or liability upon South Coast Studio, and that South Coast Studio may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion
7. Disclaimer of Warranties
We provide the South Coast Studio services on an "As Is", "with all faults" and "As Available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty - all to the fullest extent permitted by law. We specifically do not represent or warrant that the South Coast Studio services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated use, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including Third Party services) mentioned on or made available via South Coast Studio services - so please be sure to verify those before using or otherwise engaging them.
South Coast Studio may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Content at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may South Coast Studio be considered as a "publisher" of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the South Coast Studio services, for any use by any party, or for any loss, deletion or damage thereto or thereof any loss, damage, cost or expense that you or others may suffer or incur as a result or in connection with publishing, accessing and/or relying on any User Content. Furthermore, South Coast Studio shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you and any other party may encounter.
You acknowledge that there are risks in using the South Coast Studio services and that South Coast Studio cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information, breach of warranty and/or contract, violation of rights, and any consequent claims.
South Coast Studio does not recommend the use of South Coast Studio services for sharing or publishing any personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
8. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, South Coast Studio, its directors, shareholders, employees and/or affiliates shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the South Coast Studio services; (3) any unauthorised access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from South Coast Studio services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the South Coast Studio services; (6) events beyond the reasonable control of South Coast Studio, including any internet failures, equipment failures, electrical power failures, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of the South Coast Studio services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for South Coast Studio's services to you, and such limitations will apply even if South Coast Studio has been advised of the possibility of such liabilities.
All Clients are supervised throughout all Events. Events will start with a safety briefing and Clients will be expected to sign a disclaimer, the disclaimer will be taken as confirmation of the Client's acceptance and understanding of any hazards and commitment to work in accordance with the safety instructions. By signing the disclaimer Clients also agree to the condition that parking is at their own risk.
You agree to defend, indemnify and hold harmless South Coast Studio, its directors, shareholders, employees and/or affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys' fees) arising from: (1) your violation of any term in these terms and conditions or any other South Coast Studio terms; (2) your violation of any third party right, including any copyright, access rights, property or privacy right, resulting from your User Content and/or your use of the South Coast Studio services, including, without limitation, South Coast Studio services actions for your benefit; and/or (3) any other type of claim that your User Content caused damage to a third party.
10.1 Changes and Updates
South Coast Studio reserves the right to change, suspend or terminate any of the South Coast Studio services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the South Coast Studio services (including removal of any materials created by you in connection with the South Coast Studio services) for any reason and/or change any of the South Coast Studio terms with or without prior notice - at any time and in any manner.
You agree that South Coast Studio will not be liable to you or any third party for any modification, suspension or discontinuance of those South Coast Studio services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 5.4 above), continue to support your then-current South Coast Studio services without enabling such changes, or provide you with alternative services.
10.2 Governing Law and Jurisdiction; Class Action Waiver
The South Coast Studio terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the South Coast Studio services, their interpretations, or the breach, termination or validity thereof, the relationships which result from our pursuant to the South Coast Studio terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles.
Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Subject to any applicable law, all disputes between you and South Coast Studio shall only be resolved on an individual basis and you shall not have the right to bring any claim against South Coast Studio as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 15.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and South Coast Studio will be the State of New York, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, New York.
We may provide you with notices in any of the following methods: (1) via the South Coast Studio services, including by a banner or pop-up within the South Coast Studio website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. South Coast Studio's notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
The South Coast Studio terms, and your use of the South Coast Studio services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between South Coast Studio and you.
10.5 Entire Agreement
These terms and conditions, together with the South Coast Studio terms and any other legal or fee notices provided to you by South Coast Studio, shall constitute the entire agreement between you and South Coast Studio concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between South Coast Studio and you, including those made by or between any of our respective representatives, with respect to any of the South Coast Studio services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of South Coast Studio in entering into any of the South Coast Studio terms.
South Coast Studio may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the South Coast Studio services and.or licensed content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without prior written consent of South Coast Studio. Any attempted or actual assignment thereof without South Coast Studio's prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section 10.6 shall not in itself grant either South Coast Studio or you the right to cancel any South Coast Studio service or third party service then in effect.
10.7 Severability and Waivers
If any provision of the South Coast Studio terms us deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the South Coast Studio terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein, and any explanation or summary is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
These terms and conditions were written in English. You may access and view other language versions by translating this content. If a translated (non-English) version of these terms and conditions conflicts in any way with their English version, the provisions of the English version shall prevail.
15.9 Customer Service Contact
To get in touch please contact us - click "Contact" in the menu bar at the top of this page to find out how to contact us.