Welcome to our website. Studio West 117, LLC dba Studio West 117 (“STUDIO WEST”) maintains this Website www.studiowest117.com and subdomains of each (collectively, the “Website”) as a service to its visitors as well as to registered users of co-working and other services provided by STUDIO WEST (collectively, the “Users”) who are each bound by these Terms of Use as well as the STUDIO WEST Privacy Policy. By using this Website, and/or STUDIO WEST’s services (collectively, the “Services”) you are agreeing that you have read, and understood, and agree to comply with and be bound by these Terms of Use (the “Agreement”). Please review the following terms carefully, starting with our Code of Conduct.
Code of Conduct
Studio West 117 is proudly developing a groundbreaking hub for greater Cleveland’s LBGTQ+ community which will enhance the region’s LGBTQ+ ecosystem through the support of LGBTQ+ entrepreneurship, arts, culture, health, and human services.
To help combat the discrimination, marginalization and oppression that are sadly still all too commonplace in today’s society, Studio West 117 is committed to creating and fostering a safe, supportive and inclusive environment for all individuals of the LGBTQ+ community and its allies regardless of race, color, religion, ethnicity, national origin, sexual orientation, gender identity and expression, age, physical or mental ability, or marital status.
Our Studio West 117 Code of Conduct is the foundation on which we operate and it is our expectation that all those who participate in our community will adhere to these basic guidelines.
As a guest and ally in this space, I will:
- Exercise consideration and respect in my speech and actions
- Celebrate people’s differences and treat everyone with dignity
- Attempt collaboration before conflict and participate in respectful dialogue
- Avoid making assumptions and will ask about and use good faith efforts to use preferred pronouns
- Be mindful of my surroundings and if I witness an unsafe situation, discrimination, or a violation to these guidelines, I will alert the staff and/or a community leader
- Be affirming of the experiences and feelings of others
Prohibited and Unacceptable Behavior:
- Use of discriminatory language including, but not limited to language that is racist, transphobic, homophobic, ageist or ableist
- Physical violence or threat of physical violence
- Any behavior that endangers the safety of any individual or group
- Sexual harassment or inappropriate touching
- Possession, sale or use of illegal substances
- Possession or consumption of food/alcohol unless purchased on premises
- Drunk or disorderly conduct
- Distribution of alcohol to individuals under the age of 21
- Distribution of tobacco products to individuals under the age of 21
- Possession or use of weapons
- Sexual activity or public nudity
- Theft or vandalism
- Inappropriate use of restrooms or locker rooms, including acting in a manner that is disrespectful to others
- Photographing or filming in restrooms or locker rooms
- Photographing or filming for other than personal purposes without permission
General Terms of Use
1. Copyright, Trademark and Intellectual Property
“Studio West 117,” the STUDIO WEST logo, “The Phantasy,” “The Symposium” and other marks, page headers, scripts, logos, and button icons are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of STUDIO WEST and may not be used, copied or imitated without the prior written consent of STUDIO WEST.
All content (including, without limitation, any images, photos, computer source code, object code, html code or other code, video and audio and streaming files, navigation schemes and layout comprising this Website) is owned by or licensed to STUDIO WEST. The copyright in and to this Website and all content is owned by STUDIO WEST. STUDIO WEST retains and reserves all rights in and to this Website and all content. The reproduction, distribution, transmission, display, or use of this Website and any content is prohibited without the prior written consent of STUDIO WEST.
STUDIO WEST grants you a limited non-transferable license to display, copy, distribute, print and/or download on your own equipment (e.g., computers and mobile devices) the content on this Website for your personal use only.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by STUDIO WEST.
STUDIO WEST may terminate the account and access rights of any repeat infringer of intellectual property rights. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act section below.
2. Restrictions
You are granted a nonexclusive, nontransferable, revocable, limited license to access and use our Services in accordance with this Agreement. You may use our Website for purposes expressly permitted by us. As a condition of your use of our Services, you warrant to us that you will not use our Services for any purpose that is prohibited by these terms, conditions, and notices and will do none of the following:
You are specifically restricted from all of the following:
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- attempting to gain access to secured portions of the Services to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website.
Before using any of the interactive services of the Website, including, without limitation, discussion boards, you represent, warrant and covenant that you are over the age of 13 and reside in the USA.
STUDIO WEST may restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
3. Comments and Contributions
You may opt to submit an image, word, comment, or other content to the STUDIO WEST Website (each a “Contribution”).
You represent that you have the right to submit such Contribution, that Contribution does not violate the copyright or other intellectual or proprietary right of any party, including without limitation, the right of privacy or publicity, and that you will not post any defamatory, libelous, offensive, indecent, or otherwise unlawful Contributions or those which constitute an invasion of privacy. Contributions may not be used to solicit or promote commercial activities or unlawful activity.
Please be wary of giving out any personal information in a Contribution. Always use caution and common sense as we are not responsible for any information you choose to post. Your posting of Contributions is fully at your own risk. See Privacy Policy for more details.
STUDIO WEST does not filter, edit, publish or review Comments prior to posting on the Website. Contributions do not reflect the views and opinions of STUDIO WEST its agents and/or affiliates but instead, the views and opinions of the person who post their views and opinions. STUDIO WEST reserves the right to monitor and to remove any Contributions in its discretion.
Except as otherwise agreed in a writing signed by STUDIO WEST, by making a Contribution to the Website, you assign to STUDIO WEST (and its successors and assigns) all right, title and interest in and to the Contributions, including a worldwide, perpetual, right to reproduce, excerpt, modify, create derivative works of, publicly perform, publicly display, rent, resell, and distribute the Contribution in any format or medium now known or later invented. Contributions may be used in connection with commercial purposes such as advertising or for any other legal purpose. Contributions are considered non-confidential and non-proprietary and STUDIO WEST may disclose your Contribution to any third party absent any obligation of confidence on the part of the recipient.
4. Digital Millennium Copyright Act, Transmission of Third Party content
You may not copy to, upload to, post to or otherwise distribute on, this Website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution. Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof.
The unauthorized use, uploading, posting, and/or distribution of content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.
STUDIO WEST, its shareholders, officers, directors, employees, agents or affiliates, are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
STUDIO WEST, pursuant to the Digital Millennium Copyright Act, designates a privacy agent to receive complaints and notices of suspected copyright infringement. If you believe that your work has been copied and is accessible on this Website in a way that constitutes infringement, you may notify STUDIO WEST by providing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on this Website where the material that you claim is infringing is located;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
STUDIO WEST’s agent for DMCA purposes can be reached via e-mail at [email protected].
5. Editing, Deleting and Modification
STUDIO WEST reserves the right in its sole discretion to edit, delete, modify, suspend, or discontinue any content, feature, aspect, product, or service comprising, or available through, this Website at any time. STUDIO WEST may alter the availability of any feature of this Website or service at any time.
6. Indemnification
You agree to defend, indemnify and hold harmless STUDIO WEST, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any Contribution you post, store or otherwise transmit on or through the Website, or any act or omission relating to the Website or the Services or the Contribution, including, without limitation, any actual or threatened suit, demand or claim made against STUDIO WEST and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User content, your conduct, your violation of these Terms of Service or your violation of the rights of any third party.
7. Disclaimers/Liability Limits
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY STUDIO WEST, THE WEBSITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE ‘SERVICES’) ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. STUDIO WEST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER WEBSITE MATERIALS ACCESSED THROUGH THE WEBSITE. STUDIO WEST DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE WEBSITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
STUDIO WEST IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE STUDIO WEST ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES SAFE, STUDIO WEST CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE WEBSITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
STUDIO WEST reserves the right to change any and all content contained in the Website and any Services offered through the Website at any time without notice. The Website may need updating from time to time. These updates may temporarily disrupt use of our Services and are designed to improve, enhance, and further develop our Services and may take the form of bug fixes, enhanced functions, new Service offerings, and updated Services. You agree to receive such updates as part of your use of the Services.
IN NO EVENT SHALL STUDIO WEST OR OUR EMPLOYEES, AGENTS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE WEBSITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM STUDIO WEST, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO STUDIO WEST’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STUDIO WEST, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE WEBSITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO STUDIO WEST FOR ACCESS TO OR USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES AND EXCLUSION OF CERTAIN DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Use of Information
STUDIO WEST reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our Privacy Policy. To know what privacy measures STUDIO WEST has taken and what information we retain from your visit to this Website, please read our Website Privacy Policy, which is incorporated herein by reference.
9. Change of Terms
These Terms of Use supersede any prior and contemporaneous agreements, representations, warranties and understandings with respect to the Website or the content provided by or through the Website and the subject matter thereof. By using this Website, you agree to these Terms of Use as well as any posted changes of these Terms of Use. We reserve the right to change these Terms of Use at any time. We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. (Please see the STUDIO WEST homepage for announcements regarding modifications to these terms.) If you do not agree to STUDIO WEST’s Terms of Use, DO NOT use this Website.
10. Venue and Jurisdiction
Claims relating to this Website, to the use of this Website, and to the information, content material and services available through this Website are governed by the laws of the United States of America and the State of Ohio, as applicable. You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Ohio, Eastern Division, and the Court of Common Pleas of Cuyahoga County, Ohio in any claim or dispute concerning, relating to, or arising from this Website and any information received from or through this Website. You agree not to plead forum non conveniens in any such action and you consent to service of process.
The Website is controlled and offered by STUDIO WEST from the United States of America. STUDIO WEST makes no representations that the Website is appropriate or available for use in other locations. Users who access or use the Website from other jurisdictions do so at their own risk and must at all times comply with local law, including but not limited to the export and import regulations of other countries.
Under California Civil Code Section 1789.3, California Users are entitled to the following notice: If you have a question or complaint regarding the Website, please send an e-mail to [email protected]. You may also contact us by writing to PO Box 16236, Rocky River, OH 44116.
11. Links to Other Websites
The Website may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed in such sites and such sites are not investigated, monitored, or checked for accuracy or completeness by STUDIO WEST. Inclusion of any linked site does not imply approval or endorsement of the linked site by STUDIO WEST. If you decide to leave the Website or access these third-party sites, you do so at your own risk, and should review that site’s own policies.
12. General Provisions
If any provision of this Agreement is held invalid or unenforceable in whole or in part in any jurisdiction that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of this Agreement. The section headings are for reference and the convenience of the readers and shall not constitute part of this Agreement for interpretation purposes. This Agreement (and the other STUDIO WEST agreements referenced above) constitutes the entire and only agreement between you and STUDIO WEST and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof. The failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. You may not assign your rights under this Agreement to any third party; STUDIO WEST may assign its rights under this Agreement without condition. You agree that all notices, disclosures, and other communications that STUDIO WEST provides to you electronically (including by e-mail) satisfy any legal requirement that such communications be in writing.
Acceptance
I understand that by using this Website, I am subject to the terms and conditions set forth herein and I accept and agree to be bound by all such terms and conditions.
If you do not agree to the terms and conditions herein, YOU MAY NOT use this Website.
