Terms of Service — the Details:

The following terms and conditions govern all use of the MyStudioAssistant.com website and all content, services, and products available at or through the website and any websites created using MyStudioAssistant.com (taken together, the "Website"). The Website is owned and operated by Nuvisto Inc. ("Nuvisto"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Nuvisto's Privacy and Security Policy), and procedures that may be published from time to time on this Website by Nuvisto (collectively, the "Agreement"). The Agreement is an agreement between you (the "User") and Nuvisto.

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website nor use any of the services that such access would provide. If these terms and conditions are considered an offer by Nuvisto, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least thirteen (13) years of age.

1. Your MyStudioAssistant.com Account and Site. If you create a website (a "Site") using the Website, you are responsible for maintaining the security of your Account and Site, and you are fully responsible for all activities that occur under your Account and any other actions taken in connection with the Site. You must not describe or assign keywords to your Site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Nuvisto may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Nuvisto liability. You must immediately notify Nuvisto of any unauthorized uses of your Site or your Account, or any other breaches of security. Nuvisto will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Users. If you operate a Site using the Website, comment on or post material or links to your Site using the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:

   • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
   • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
   • The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
   • Your Site is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs, and other websites, or similar unsolicited promotional methods;
   • Your Site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Site’s URL or name is not the name of a person other than yourself or company other than your own; and
   • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Nuvisto or otherwise.

   By submitting Content to Nuvisto for inclusion on your Site, you grant Nuvisto a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your Site. If you delete Content, Nuvisto will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of the representations or warranties expressed herein, Nuvisto has the right (though not the obligation) to, in Nuvisto's sole discretion (i) refuse or remove any content that, in Nuvisto's reasonable opinion, violates any Nuvisto policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, at Nuvisto's sole discretion. Nuvisto will have no obligation to provide a refund of any amounts previously paid.

3. Selling through the Website. Some of our Services may offer you the opportunity to sell or purchase goods and services (aka, "Commerical Products") through sites hosted or designed by Nuvisto.  We are merely providing the platform for buyers and sellers to negotiate and complete transactions for these Commercial Products. When a buyer purchases Commercial Products, payments will be processed through our third party payment service provider.  Buyers of Commerical Products will be provided a notice when entering their payment information directing them to the third party payment service provider's terms of service and privacy policy.  These payment services are governed solely by the third party provider's terms of service and privacy policy.  We are not responsible for the actions of these third party service providers.  In addition to the other rules and requirements described in this Agreement, you must follow the rules listed below when offering, selling, or purchasing Commercial Products:

   1. You may not offer or sell illegal or potentially illegal Commercial Products, including those that are counterfeited, stolen or fraudulent. Commerical Products sold using the Services must comply with all applicable laws, including Commercial Products sold to individuals outside of Canada. Items identified as "not for distribution within the Canada" may not be sold using the Website.
   2. You may not offer or sell Commercial Products that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
   3. You may not offer or sell any Commercial Products that we, in our discretion, determine are inappropriate, offensive, pornographic, sexually explicit or violent.
   4. You may not offer or sell any Commercial Products that are manufactured as, or primarily intended to be used as, weapons, including firearms, restricted devices or ammunition. We reserve the right to determine, in our sole discretion, whether Commercial Products constitutes "weapons" for purposes of this Agreement.
   5. You may not offer or sell any Commercial Products that infringe upon or have the potential to infringe upon an individual's privacy or that may be libelous, slanderous, or otherwise defamatory.
   6. You may not use images or names of any third party (including notable personalities or celebrities) when offering or selling Commercial Products without first obtaining that third party's permission.

   Without limiting anything else in this Agreement, we may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement.  If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.

4. Payment and Renewal:

   • General Terms. Optional paid services such as unlimited portfolios, social media marketing, and ecommerce are available on the Website (any such services, an “Upgrade”) upon payment of a prescribed fee ("Fee"). By selecting an Upgrade you agree to pay Nuvisto the monthly or annual subscription Fee indicated for that Service. Payments will be charged on a pre-pay basis on the day you subscribe to an Upgrade and will cover the use of that Service for a monthly or annual subscription period as indicated. Upgrade Fees are not refundable.

   • Automatic Renewal. Unless you notify Nuvisto before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription Fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for You. Upgrades can be cancelled at any time in the Account section of the Website’s dashboard.

5. Taxes. You take full responsibility for all taxes and fees of any nature associated with subscribing to and using the Website, including any sales tax related to the purchase or sale of any Commercial Products. Nuvisto shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report, and remit the correct amounts to the appropriate authority. Any tools provided as part of or in connection with the Website indicating estimated taxes due are for illustration purposes only.

6. Privacy. Certain information, statements, data, and content (such as photographs) which you post to the Website are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part. Further, you acknowledge, consent, and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion. Disclosures of user information to third parties are further addressed in the Privacy and Security Policy.

7. Domain Registration. Domain registration services offered by Nuvisto are provided under the terms and conditions described in the domain terms document. By participating in Nuvisto's domain registration offer, you agree to abide by such terms and conditions.

8. Responsibility of Site Visitors. Nuvisto has not reviewed, and cannot review, all of the material, including computer software, posted to and published using the Website, and cannot therefore be responsible for that material's content, use, or effects. By operating the Website, Nuvisto does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Nuvisto disclaims any responsibility for any harm resulting from the use by visitors of Sites published using the Website, or from any downloading by those visitors of content there posted.

9. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MyStudioAssistant.com links, and that link to MyStudioAssistant.com. Nuvisto does not have any control over those non-MyStudioAssistant websites and webpages, and is not responsible for their contents or their use. By linking to a non-MyStudioAssistant website or webpage, Nuvisto does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Nuvisto disclaims any responsibility for any harm resulting from your use of non-MyStudioAssistant websites and webpages.

10. Copyright Infringement. As Nuvisto asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MyStudioAssistant.com violates your copyright, you are encouraged to notify Nuvisto be email or surface mail. Nuvisto will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Nuvisto will terminate a User’s access to and use of the Website if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Nuvisto or others. In the case of such termination, Nuvisto will have no obligation to provide a refund of any amounts previously paid to Nuvisto.

11. Intellectual Property. This Agreement does not transfer from Nuvisto to you any Nuvisto or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nuvisto. Nuvisto, MyStudioAssistant, MyStudioAssistant.com, the MyStudioAssistant.com logo, and all other trademarks, service marks, graphics and logos used in connection with MyStudioAssistant.com, or the Website are trademarks or registered trademarks of Nuvisto or Nuvisto's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Nuvisto or third-party trademarks.

12. Advertisements. Nuvisto reserves the right to display advertisements on your Site unless you have purchased an Upgrade subscription.

13. Attribution. Nuvisto reserves the right to display attribution links such as 'Built with MyStudioAssistant,' theme author, and font attribution in your Site footer or toolbar. Footer credits and the MyStudioAssistant.com toolbar may not be removed regardless of Upgrades purchased.

14. Domain Names. If you are registering a new domain name or using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

15. Changes. Nuvisto reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Nuvisto may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

16. Termination. Nuvisto may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MyStudioAssistant.com account, you may simply cancel your account using the management interface on the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Disclaimer of Warranties. The Website is provided “as is”. Nuvisto and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Nuvisto nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

18. Limitation of Liability. In no event will Nuvisto, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Nuvisto under this agreement during the twelve (12) month period prior to the cause of action. Nuvisto shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

19. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Nuvisto Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

20. Indemnification. You agree to indemnify and hold harmless Nuvisto, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

21. Miscellaneous. This Agreement constitutes the entire agreement between Nuvisto and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Nuvisto, or by the posting by Nuvisto of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Toronto, Ontario. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Toronto, Canada, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Nuvisto may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

About the information we collect

Registration

Registering to use My Studio Assistant (aka. "the Service") requires you to complete a two-step login procedure in order for us to provide you with a personalized account. During this account registration process, we will collect your email address and a unique password. After submitting a completed registration form, you will receive an email from us requiring you to 'double-confirm' your new account by clicking on a link within that email. Unless we receive this confirmation with 24 hours, we will cancel your pending account and remove your email and password from our databases.

Communications with My Studio Assistant

We use third party service providers to assist us in managing and administering communications and emails sent to us through www.MyStudioAssistant.com (aka. "the Website") and through some My Studio Assistant-managed sites. Any personal information disclosed through such communications will be governed by those third party vendors' privacy policies as applicable.

Account Subscriptions

When subscribing to the Service with a paid account, My Studio Assistant will collect several additional items of personally identifiable information from you, namely a credit card number, card expiration date, security code, and billing address. This information will be kept on file in our third-party payment processor's secure server so that we can verify credit card authenticity and process your recurring invoices according to the applicable Service Agreement. If we are unable to process your subscription payment for a given month, this information, along with your account information, may be used to contact you. If you choose to discontinue your Account with My Studio Assistant, your credit card information will be immediately and completely removed from our third-party payment processor's files.

Third Party Payment Services Providers

Nuvisto uses a respected third party payment processing service, namely Stripe, to assist us with processing your personally identifiable payment information securely. Stripe's use of your personal information is governed by their stringent privacy policy. (Read Stripe's privacy policy)

Hosting Services Providers

Nuvisto uses the services of Amazon Web Services, Inc.. for hosting the Website as well as all subscribers' websites published using the Service. Personal information hosted by or through My Studio Assistant is subject to Amazon Web Services, Inc.'s stringent privacy policy. (Read Amazon Web Services's privacy policy)

Comments and User-Provided Content Posted to the Website

Any personally identifiable information that you post in the form of Comments and other User-Provided Content (aka. "Content") via the Website may be read, collected, and/or used by other subscribers and visitors to the Website as well as by other third parties. Although we make efforts to reduce misappropriation of this information, Nuvisto is not responsible for the Content and cannot guarantee that other subscribers, visitors, and other third parties have not made copies of and/or will not use such information outside of the Website.

Social Media

The Website provides subscribers and users of websites published using My Studio Assistant with opportunities to interact and post content to the web through various social media sites such as Twitter, Facebook, Google+, Instagram, Tumblr, Pinterest, Flickr, YouTube, etc.. Your interactions with these tools and any information you provide in connection with these interactions are publicly viewable outside of the Website domain. Please be aware that Nuvisto is not responsible for information posted in these forums.

What we do with this data

My Studio Assistant collects personally identifiable information as described in this Privacy and Security Policy so that we can provide you with a service that allows you to maintain an online presence. My Studio Assistant lets you choose if any piece of your personally identifiable information (i.e. your name) is presented on or through your website.

My Studio Assistant uses your contact information to send urgent notices regarding service-related issues such as maintenance periods, billing problems, account expirations, and other items that may impact delivery of the Service. Non-urgent notices will be delivered via My Studio Assistant's website interface. With your permission, we also may use and disclose your information to our third party service providers in order to deliver messages regarding new services or other products from Nuvisto.

Information that we collect through our service logs is used to identify potential cases of abuse and to establish a statistical basis for determining and evaluating the Website's performance. This statistical information is not otherwise aggregated in any way that can identify a particular user of My Studio Assistant.

Information we collect may be disclosed if we are legally required to do so at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our website and applicable laws, or to protect against misuse or unauthorized use of the Website.

About security

We store all information that we collect in secure databases protected through a suite of industry-standard security and access controls, including such things as secure passwords, SSL encryption, disk-base encryption, firewall protection, and more. Nevertheless, no company, including ours, can completely eliminate the security risks associated with transmitting personal information through online media, and so you do so at your own risk.

If you have further questions relating to security and My Studio Assistant, send us a support request.

Changing or Removing Personal Information

Modifying Information

All information stored by Nuvisto in relation to your account is accessible via the My Studio Assistant management interface, allowing you to change this information at any time. We strongly encourage you to keep this information up to date so that we can handle customer service requests and billing processes in a timely and efficient way.

Removing Information

To remove your personally identifiable information from our system, you must cancel your account completely. While your personal information will be removed immediately, your unique UserName will remain reserved on our system until reclaimed by you. If you wish to remove only your billing information, you must downgrade your account to a free subscription. Each of these tasks can be accomplished at any time using the My Studio Assistant management interface.

About Log Files

As with almost all websites, My Studio Assistant gathers certain information automatically and stores this data in log files. This includes such things as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.This information is used to analyze trends, administer the Website, track website usage patterns, and aggregate information about our subscriber base as a whole. This aggregated information cannot be used in any way to identify individual users.

About cookies

A cookie is a small data file stored on your computer by your web browser - it contains information that will enable My Studio Assistant to recognize and provide you with access to the Service. These cookies can be tied back to personally identifiable information only when you are logged in to My Studio Assistant.

While subscribers who disable cookies in their browsers will be unable to access the Service, they will not be prevented from visiting websites published with My Studio Assistant although some features of those sites may be degraded.

Information Sharing and Disclosure

Aggregate Information (non-personally identifiable)

Nuvisto may share aggregated information derived from our subscriber base, such as traffic and geographic location-related data, with our third-party performance analysis and marketing partners. This aggregated information cannot be used in any way to identify individual users.

Personally Identifiable Information

Nuvisto employs several reputable third-party service providers to perform a variety of business functions on our behalf (i.e. credit card processing, website analytics, location mapping, etc.). We provide these service providers with access to certain personal information in order for them to be able to perform these functions on our behalf.

In the event of a business transfer or sale of My Studio Assistant, this information will remain subject to the commitments made by Nuvisto in any pre-existing Privacy and Security Policy unless consented otherwise by you.

We may release specific account and other personal information as deemed necessary in order to comply with the law, enforce or apply our Terms of Service, or protect the rights, property, and/or safety of My Studio Assistant, our users, or any others. This includes exchanging information with other companies and organizations for the purposes of protecting against fraud and reducing credit risk.

In any situation other than as described here, Nuvisto will notify you directly when information about you may be provided to third parties and will provide you the opportunity and means to opt out of sharing this information.

About your email address

We do NOT send unsolicited commercial email, otherwise known as "spam." We do NOT send email marketing communications to a visitor-provided email address unless the intended recipient specifically opts in to receive such communications from us. We do NOT sell or rent our visitor or customer email addresses for any purpose whatsoever.

If at any time you would like to stop future delivery of email from us, please follow the unsubscribe instructions included at the bottom of each email communication we send, send an email to us directly or write to us by surface mail. Asking to be removed from our email list will not prevent you from receiving email communications relating to any business transactions with us in which you are engaged or other operations-related email communications.

About advertising

Very simply, we do NOT partner with or have special relationships with any third party ad server companies.

Canadian and Other Non-US Subscribers

Canadian Subscribers

Canadian citizens, except under circumstances defined by law, are entitled to access personal information collected by My Studio Assistant by sending a written request to Nuvisto Inc. at the address noted below. Nuvisto Inc. may require payment of an administrative fee for accessing or copying your personal information, in which case we will inform you of any anticipated charges and confirm with you that you wish us to proceed before processing your request. If you believe the personal information we have collected is incomplete or inaccurate, we will correct this information upon receipt of verification of the omission or error and of the identity of the individual requesting the change. If you wish additional information about how we manage your personal information, or to access, correct, or have us investigate any matters relating to our administration of your personal information, please contact us.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on us, our subsidiaries, affiliates, employees or agents.

About changes to this policy

At any time in the future, it may become necessary to use visitor or subscriber information for purposes not previously considered or disclosed in our Privacy and Security Policy. At such time, we will post those changes to this Privacy and Security Policy, the Website, the My Studio Assistant interface, and any other places we deem appropriate.

While we reserve the right to modify this Privacy and Security Policy at any time, we will not materially change our privacy and security-related policies and practices in order to make them less protective of customer information previously collected by us without first consulting our affected customers.

If you have a concern

If you have any concerns, questions, or suggestions regarding our privacy policy, please contact us by writing to: