Terms of Use

Introduction

We welcome you to use our web-site and hope you find it useful and as much fun as we do. We are trying to create a fun, legal and safe environment for all our users and so (with the help of our lawyers - sorry for the legaleze!) have come up with these Terms of Use which will serve to guide our users as to what are and what are not acceptable uses (e.g. legal, no adult content and please everyone be nice!) of our web-site. By complying with these Terms of Use you will be helping us to evolve this site into something we can all enjoy!

Don't hesitate to contact us if you have any questions.

Yours

The MyStudiyo Team

Welcome to the MyStudiyo website (the "Website"). The Website was created in order to enable users to (a) participate in user-generated interactive content experiences posted on the Website ("Activities"), (b) create their own versions of existing Activities by editing the content of an existing Activity, or (c) create new Activities using our easy to use templates and wizards. In addition, the Website may, from time to time, provide additional services subject to these Terms of Use and/or other terms of use which shall be posted on the Website. All of the services provided via the Website shall be referred to herein as the "Services". We reserve the right to change, suspend or terminate the Website, any Service provided via the Website (and the terms pursuant to which they are provided), any Activity posted on the Website or your access to the Website, Services or Activities, in whole or in part, without reason or notice to you, all as more fully set forth in these Terms of Use.

All present and future use of any part of this Website, including, but not limited to, participating in Activities, subscription for any Service, or posting content on the Website (such different types of actions shall be referred to herein, collectively, as "Uses") are governed by, and subject to, compliance with the following terms of use, as amended from time to time (the "Terms of Use"), as well as the Copyright and Illegal Content policies posted at www.mystudiyo.com/Copyright and the MyStudiyo privacy policy posted at www.mystudiyo.com/privacy, both of which are incorporated herein by reference. In addition, we may have separate registration procedures and separate terms of use or other legal agreements for certain Services. When you subscribe for any Service that does not have a separate legal agreement, these Terms of Use will apply.

We reserve the right to make changes to any part of these Terms of Use, at any time and for any reason, without notification to you. However, the most recent version of these Terms of Use will be posted on the Website and will be marked as such and will apply to all users using the Website as of such date. You acknowledge that by Using this Website you shall be deemed to have agreed (without limitations or qualification) to be bound by these Terms of Use. We, therefore, recommend that you review the Terms of Uses posted on the Website periodically and if you do not agree to these Terms of Use, you may not Use this Website.

Furthermore, by Using this web-site, you affirm that you are either over 18 years of age or an emancipated minor or possess legal parental or guardian consent and are fully able and competent to enter into the terms, obligations, affirmations, representations, warranties and restrictions set forth in these Terms of Use and that you will abide and comply with these Terms of Use. In any case, you affirm that you are 13 years of age or older, as this Website is intended solely for Use by individuals who are 13 years of age or older and who are fully able and competent to be bound by these Terms of Use, and agree to be bound by such Terms of Use. If you are under 13 years of age, please do not Use the Website. Any registration by, or Use of, the Website by anyone who does not comply with the foregoing requirements is strictly prohibited.

Content Ownership Rights

All content on the Website (except for User Submitted Content (as defined below) posted in the various Activities), including without limitations, text, software, scripts, graphics, photos, video, sounds, music, interactive features and Activity formats (the "Content") and the trademarks, service marks and logos contained in the Website are owned by or licensed to us, and are subject to copyright and other intellectual property rights under applicable laws and international conventions. The Content is made available to you "As Is" for your personal use, in accordance with these Terms of Use.

Activity Content Ownership Rights

In the process of creating your own Activity, you may post information, materials, images, photographs, videos, etc. (collectively, the "User Submitted Content") in accordance with the website guidelines set forth herein (the "Website Guidelines") and other provisions of these Terms of Use. For clarity, you retain all of your ownership rights in your User Submitted Content. You shall be solely responsible for such content as well as the consequences of posting such content and by posting such User Submitted Content you release us and all other users from any and all liability arising from your User Submitted Content.

By posting User Submitted Content in an Activity or otherwise on the Website, you affirm, represent, and/or warrant that: (i) you own or have all the necessary licenses, rights, consents, and permissions to use and authorize us and others to use the User Submitted Content posted by you, all in accordance with the provisions of these Terms of Use; (ii) that the User Submitted Content is not Inappropriate Content (as defined below) and (iii) to the extent required by applicable laws - you have the written consent, release, and/or permission of each and every identifiable individual person to use the name or likeness of such identifiable individual to enable inclusion in the User Submitted Content and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

Furthermore, by posting the User Submitted Content, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable, sub-licenseable and transferable license to copy, reproduce, prepare derivative works of, display or otherwise make any other Use of the User Submitted Content in connection with the Website and/or Services and/or our (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submitted Content through the Website and copy, reproduce, distribute, prepare derivative works of, and otherwise Use such User Submitted Content (including, in the creation of a new Activity based on your User Submitted Content), all as permitted through the functionality of the Website and under these Terms of Use. The foregoing license does not grant us or any of the Website users any ownership rights in your User Submitted Content.

No Monitoring of Content Posted on the Website

We intend to use reasonable efforts to enforce these Terms of Use and the Website Guidelines, in particular when actually notified of the existence of Inappropriate Content in accordance with the provisions of these Terms of Use. However, we do not undertake to monitor the Activities, the User Submitted Content posted in such Activities or resources and links contained in the Activities and, therefore, cannot undertake to censor the content of the Activities or take other actions unless we receive a Notification of Inappropriate or Illegal Content Claim.

Website Guidelines Regarding Prohibited Content

The Website Guidelines strictly prohibit posting unsuitable, offensive or otherwise illegal or infringing content and we reserve the right to edit or censor content which, in our option, does not comply with the Website Guidelines.

Inappropriate content ("Inappropriate Content") includes, inter alia:

• incorrect or misleading content (including falsely stated or otherwise misrepresented affiliations with a person or entity)
• content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of third parties protected under any law, contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
• profanity
• violence
• content that encourages inappropriate, dangerous, immoral or illegal behavior (e.g. humiliation or abuse of humans or, animals), hate content (including content intended to attack or demean a particular gender, sexual orientation, race, religion or nationality or which is otherwise abusive), drug use, sexual abuse, bomb making, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy or hateful)
• content which includes pornography or other sexual explicit content (including the various forms of nudity not generally acceptable in public e.g. beach-wear is acceptable while topless pictures are not)
• content intended to shock or disgust the users (e.g., war footage, accidents, dead bodies)
• content which includes or otherwise makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Furthermore, the use of automated systems of any kind, including without limitation, robots, spiders, or other information scrapers, to access, acquire, or download information on this Website is expressly prohibited. Examples of such prohibited actions include employment of such systems in connection with commercial objectives, for mass user registration or in a fashion that directly or indirectly violates the privacy interests of any users. You may not circumvent, disable or otherwise interfere with the security related features of the Website or features that prevent or restrict use or copying and the User Submitted Content therein.

Accordingly, if the content you wish to add to an Activity includes any of the above or otherwise would reasonably be deemed to be inappropriate for access by the general public, offensive or illegal, even if such content refers to you, you may not post such content on the Website.

If we identify content which we, in our sole discretion, believe is Inappropriate Content or otherwise does not comply with the Website Guidelines or these Terms of Use, we may edit or censor the content or suspend or terminate the content provider's right to access or Use the Website without notice. We may also take any and all other legal actions available to us in order to enforce the Website Guidelines. Notwithstanding the foregoing, you understand and acknowledge that when Using the Website, you will be exposed to User Submitted Content from different sources and we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submitted Content. Furthermore, you understand and acknowledge that we undertake no duty to determine and make no warranty as to the currency, operability, or fitness for any particular purpose of any shareware software posted to this Website, and will assume no liability for any losses or damages alleged to arise from use of or reliance on such software.

Inappropriate Content Claim

In our attempt to uphold the Website Guidelines, we kindly request that you promptly notify us in writing, using our Contact Us page, if you come across any content in the Website which, in your opinion, falls under the Inappropriate Content definition (other than Inappropriate Content which is also illegal or infringing content, which is dealt with separately in our Copyright and Illegal Content policies).

Upon receiving written Inappropriate Content notice, we shall have the right to remove said work and will not permit its re-posting unless or until we determine that such claim is without merit.

Illegal or Infringing Content Claim - see Copyright and Illegal Content policies

Links to Third Party Sites

You acknowledge that the Activities may contain links to other websites and resources. We do not monitor such links or control these websites and resources, and, therefore, assume no responsibility for the content, privacy policies, or practices of any such websites or resources. By using the Website, you expressly release us from any and all liability arising from your use of any third-party website linked to or other resources and contents included in any Activity. Accordingly, we encourage you to be aware when you have left the Website resource and to read the terms and conditions and privacy policy of each other website or resource that you use.

Limitations on Access or Use

As indicated above, the access and Use of the Website and/or the Services is subject to the user's compliance with the age and legal capacity requirement described above.

Furthermore, you acknowledge and agree that while the Website is intended for use by the general public, access to certain Activities may be limited to a defined group of users and certain Uses may be subject to certain specific terms of use (e.g., payment).

Termination and Suspension of Access or Use

The Use of the Website and/or the Service is subject to compliance with these Terms of Use and the Website Guidelines contained herein and other rules and terms of use applicable to specific Services or other websites linked to any Activity posted on the Website. We may, in our sole discretion and without notice or explanation, terminate and/or suspend your access or Use of any portion of the Website and/or the Service should you fail to comply with the Terms of Use, Website Guidelines and other rules and terms of use applicable to specific Services or other websites linked to any Activity.

Registration Data

In consideration of your use of the Website or any Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Website, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account (the "Account") and for any actions that take place using your Account.

PARTICIPATION IN CONTESTS

SKILL BASED CONTESTS
All contents posted on this Website (the "Contests") are "skilled based" contests, as described in the applicable Contest Terms and Rules.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, A CONTEST POSTED ON THIS WEBSITE WILL BE DEEMED VOID WHERE PROHIBITED BY APPLICABLE LAW.

CONTEST TERMS AND RULES ARE NOT EXHAUSTIVE
The Contest Terms and Rules are an integral part of these General Terms and Conditions. Accordingly, the General Terms and Conditions will apply also to the participation in any Contest (e.g., the requirement to be 13 years of age or older).

The participation in Contests are also subject to out Privacy Policy and Copyright Policy.

PERSONS PROHIBITED FROM PARTICIPATING IN CONTESTS
Without derogating from the General Terms and Conditions, persons in any of the following categories are not eligible to participate in any Contest: (a) any of our officers, directors, employees or agents, (b) immediate family members (i.e., parents, children, siblings, spouse and/or those living in the same household) of any person listed in (a) above; (c) residents of any country currently subject to U.S. embargo and (d) employees of any government entity.

PARTICIPANTS
A participant in a Contest must have access to the Internet and a valid email address in order to participate in a Contest.

We reserve the right to disqualify any individual who tampers with the entry process. Caution: Any attempt by a participant to deliberately damage any website or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made and we reserve the right to seek damages from any such participant to the fullest extent of the law.

A participant may be prohibited from participating in a Contest if we, in our sole discretion, reasonably believe that the participant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other participants or us.

CONTENT SUBMITTED BY PARTICIPANTS
All content posted in connection with the participation in a contest must be in English. Content in any other language will not be considered. Without derogating from the General Terms and Conditions, content that is lewd, obscene, pornographic or otherwise contain objectionable material or that contravene the General Terms and Conditions, the Contest Rules applicable to the specific Contest, the Privacy Policy, the Copyright Policy, or that otherwise contravenes any law, may be disqualified in our sole and unfettered discretion and notice of such disqualification need not be provided to a disqualified participant.

Only original submissions that are personally created by the participant will be eligible to win a Contest.

Any false information provided within the context of a Contest by any participant concerning identity, postal address, telephone number, ownership of right or non- compliance with the Contest Terms and Rules or the General Terms and Conditions or the like may result in the immediate elimination of the participant from such contest.

WINNERS OF CONTESTS
We reserve the right to select winners from eligible entries received prior to and as of the applicable Contest termination date.

Unless expressly stated otherwise in the applicable Contest Terms and Rules, the winner/s of each Contest will be selected by a panel of people holding management positions or other senior positions at MagnetEyez, which are deemed by us to have the skills required in order to judge such Contest. Decisions of these judges are final, non- appealable and binding and deliberations of such panel are and shall remain confidential.

In the event that the employer of a participant (which participated in a Contest using an office computer or the office internet services) has a policy which prohibits the awarding of a prize to an employee, the prize will be forfeited and an alternate winner will be selected.

Unless expressly stated otherwise, the winner will be notified by e-mail and/or phone and/or mail at our sole discretion.'

Any potential winner who cannot be contacted within 15 days of first attempted notification will be deemed to have forfeited his/her prize and an alternate winner may be selected.

In addition to all other applicable terms and contusions, as a condition to the receipt of a prize handed out in any Contest, the winner will be required to sign a copy of the Terms and Conditions (including the applicable Contest Terms and Rules), a form releasing us from all claims and an affidavit of eligibility, all of which must be delivered to us by no later than 30 days following the receipt of notification of your winning. Failure to comply within this requirement may result in disqualification and selection of an alternate winner.

PRIZES
We reserve the right to substitute any prize for an item of equal or greater value in the event all or part of a prize becomes unavailable.

Prizes are awarded without warranty of any kind, express or implied, without limitation, except where this would be contrary to federal, state, provincial, or local law or regulation. All federal, state, provincial and local laws and regulations apply.

To the fullest extent permitted by applicable law, acceptance of the prize by a winner constitutes permission for, and winners consent to, our use a winner's name and/or likeness and entry for advertising and promotional purposes without additional compensation.

RIGHT TO TERMINATE OR CANCEL A CONTEST
Without derogating from any other provision contained herein, if for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, disruption or termination of the website for any reason or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of a Contest, we reserve the right in our sole discretion to immediately cancel, terminate, modify or suspend such contest.

ADDITIONAL PROVISIONS
To the fullest extent permitted by law, each participant in a Contest agrees to hold us, our subsidiaries, agents, affiliates, directors, officers, employees, representatives and assigns harmless from any injury or damage caused or claimed to be caused by participation in a Contest and/or use or acceptance of any prize won.

To the fullest extent permitted by applicable law, we hereby disclaim any and all liability and responsibility for (i) electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, (ii) theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, inaccurate transmissions of or failure to receive entry information by us on account of technical problems or traffic congestion on the Internet or at any Website or any combination thereof, or (iii) for fraud, viruses, or other events that compromise the integrity of the Contest, and (iv) any typographical or other error in the printing of the offer, administration of a Contest or in the announcement of the prize. We reserve the right to terminate or modify the Contest in such situations.

To the extent permitted by law, the rights to litigate, to seek injunctive relief or to make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or in connection with a contest posted on the Website are hereby excluded, and each participant expressly waives any and all such rights. Each participants shall be deemed to have agreed that these Official Rules are governed by the laws of the state of California, USA.

DISCLAIMER

THE WEBSITE, SERVICE AND ANY USER SUBMITTED CONTENT OR ANY OTHER CONTENT ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE, THE SERVICE, AND ANY CONTENT OBTAINED THROUGH THE USE OF THIS WEBSITE OR THE SERVICE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES. TO THE TO THE FULLEST EXTENT PERMITTED BY LAW. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE OR ANY CONTENT POSTED (INCLUDING ANY AND ALL USER SUBMITTED CONTENT) ON IT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE OR THAT SUCH CONTENT IS NOT INAPROPRIATE CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION OR ANY OTHER INTELLECTUAL PROPERTY BY VENDORS OR OTHER THIRD PARTIES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, SERVICES OR ANY CONTENT INCLUDING USER SUBMITTED CONTENT POSTED ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO USE FOR THE SERVICES.

The Website is controlled and offered by use from our facilities in the United States of America. We make no representations that the Website is appropriate or available for Use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

INDEMNIFICATION

YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD US (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES) HARMLESS, FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY.S FEES: (I) RESULTING FROM OR CONNECTED WITH ANY VIOLATION OR ALLEGED VIOLATION OF THESE TERMS OF USE OR RIGHTS OF OTHERS; OR (II) MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF INFORMATION OR CONTENT YOU SUBMIT, POST OR MAKE AVAILABLE THROUGH THE WEBSITE OR THE SERVICE.

Assignment

You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect.

Severability

If any provision of these Terms of Use, or the application thereof to any entity or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these Terms of Use and such provisions as applied to other entities and circumstances shall remain in full force and effect.

Other

These Terms of Use (including all other policies and guidelines posted on the Website and incorporated herein by reference) constitute the entire agreement between you and us regarding the Use of the Website and/or the Service, and supersedes any prior agreements between us relating to your Use of the Website and/or the Service. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance.

You agree that: (i) the Website shall be deemed solely based in New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Website or these Terms of Use shall be decided exclusively by a federal or state court of competent jurisdiction located in New York, New York. You agree that any claim made by you arising out of or related to the Website must be raised promptly upon becoming aware of the existence of such claim but in any event by no later than one (1) year after the cause of action accrues. Otherwise, such claim or any related course of action is permanently barred.

Last Updated: 30th October 2007.