Terms of Service

My Studio Assistant is a web publishing service offered through the URL https://mystudioassistant.com, which is owned and operated by Nuvisto Inc..

The Gist:

Our minimum service is free and we offer paid upgrades for advanced features such as unlimited portfolios, social media marketing, ecommerce, and more. Our service is designed to give you as much control and ownership over what you publish on your site as possible and to encourage you to express yourself freely. However, we require that you be responsible in what you publish. In particular, make sure that none of the prohibited items listed in the details below appear on your site or get linked to from your site (things like spam, viruses, or hate content).

Creative Commons License FYI, these Terms of Service are based on terms made available by Wordpress.com under a Creative Commons Sharealike license, which means you’re more than welcome to copy and repurpose these terms for your own use — just make sure to replace references to us with ones to you. We would also appreciate a link to MyStudioAssistant.com somewhere on your site.

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 Website, 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, the User, 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 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:

    1. 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;

    2. 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;

    3. 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;

    4. The Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;

    5. 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);

    6. 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;

    7. 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;

    8. 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

    9. 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 via the Website, 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 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, Nuvisto may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement.  If You sell a Commercial Product deemed in violation of this Agreement 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:
    1. 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.

    2. 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 and Security 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 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 that 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.

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