Avenue Studio Terms of Service
Last updated: Jan, 2025
A legal disclaimer
Welcome to Avenue Studio. These Terms of Service ("Terms") are a legally binding contract between Avenue Studio, its affiliates (collectively, "Avenue Studio," "we," "us," or "our") and you ("you," "your," or "User"). These Terms govern your use of the services provided by and through our platform, including our website (www.avenuestudio.com), associated internet properties, and any software we provide for download, including mobile applications (collectively, the "Site"). These Terms also govern your use of all text, data, information, software, graphics, proprietary content, and more (collectively, "Materials") that we and/or our affiliates make available to you, as well as any services and products we provide through the Site. Collectively, the Site, Materials, and services provided by Avenue Studio are referred to as the "Service."
PLEASE READ THESE TERMS CAREFULLY. BY CLICKING "I AGREE," CREATING AN ACCOUNT, PLACING AN ORDER, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE AVENUE STUDIO PRIVACY POLICY (COLLECTIVELY, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE.
1. Contractual Relationship
By using the Service, including placing any order through it, you represent that you are at least 18 years of age. The Service is not intended for use by minors, and you may not use the Service if you have previously been suspended or removed from it. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms, and you agree to be bound by these Terms on behalf of such organization.
2. Accounts and Registration
You may need to register for an account to use certain aspects of our Service. When you register, you may be required to provide information about yourself (such as your email address or other contact information). You agree that the information you provide is accurate and that you will keep it updated. You are solely responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. If you believe your account is no longer secure, you must immediately notify us at info@avenuestudio.us.
3. Orders
Certain activities or features of the Service, such as placing an order, may require you to pay fees. Before paying any fees, you will have an opportunity to review and accept the applicable charges. Sales tax may be charged based on the shipping location and applicable tax laws. Please review our Shipping + Delivery and Returns policies, which are incorporated by reference into these Terms. All fees are in U.S. Dollars and are non-refundable unless expressly stated otherwise. Avenue Studio may change fees at any time.
You authorize Avenue Studio to charge your specified payment method for all sums described herein. If you pay with a credit card, we may seek pre-authorization to verify the card's validity and available funds.
4. Risk of Loss
The risk of loss for and title to products purchased through the Service passes to you upon delivery to the carrier. For more information about shipping and delivery, please review our Shipping + Delivery policy or contact our Customer Service team.
5. Returns and Refunds
If you are not satisfied with a purchase, you may return it as set forth in our Returns policy, which is incorporated by reference into these Terms. Please review the policy or contact Customer Service for more information.
6. Product Availability and Descriptions
Avenue Studio strives to provide accurate product information, including prices, images, specifications, and availability. However, we do not warrant that such information is always accurate, complete, or error-free. We reserve the right to modify product information at any time without prior notice. If you receive a product that is not as described, your sole remedy is to return the unused product as permitted under these Terms.
7. User Content
7.1 User Content Generally
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Certain features of the Service may allow you to post content, such as reviews, images, videos, or text ("User Content"). You retain copyright and any other proprietary rights in your User Content.
7.2 License Grant to Avenue Studio
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By posting User Content, you grant Avenue Studio a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, copy, modify, distribute, and display your User Content for any purpose.
7.3 User Content Representations and Warranties
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You are solely responsible for your User Content and affirm that:
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You own or have the necessary rights to post and license the User Content;
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Your User Content does not violate any laws or third-party rights; and
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Your User Content is not false, misleading, defamatory, or harmful.
7.4 User Content Disclaimer
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Avenue Studio is not responsible for User Content and may remove or block any content that violates these Terms. You waive any legal or equitable rights against Avenue Studio regarding User Content.
8. Intellectual Property Infringement
We respect intellectual property rights and will respond to claims of infringement. If you believe your rights have been violated, please contact our team at:
Email: info@avenuestudio.us
Your notice must include:
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A description of the copyrighted work;
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The location of the infringing material;
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Your contact information; and
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A statement under penalty of perjury that the information is accurate.
9. Prohibited Conduct
You agree not to:
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Use the Service for illegal purposes;
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Violate third-party rights;
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Post harmful or inappropriate content;
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Interfere with the Service's operation; or
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Engage in fraudulent activities.
10. Third-Party Services and Linked Websites
The Service may include links to third-party websites or services. Avenue Studio is not responsible for the content or actions of third parties. Use third-party services at your own risk.
11. Termination of Use
Avenue Studio may terminate or suspend your access to the Service at any time, with or without notice. You may terminate your account by contacting Customer Service.
12. Privacy Policy and Additional Terms
Your use of the Service is subject to our Privacy Policy, which is incorporated by reference. Additional terms may apply to specific features or services.
13. Changes to the Terms
We may update these Terms at any time. If changes materially affect your rights, we will notify you. Continued use of the Service after changes constitutes acceptance of the updated Terms.
14. Ownership and Proprietary Rights
The Service and Materials are owned by Avenue Studio and protected by intellectual property laws. You may not use the Materials without our express authorization.
15. Indemnity
You agree to indemnify and hold Avenue Studio harmless from any claims arising from your use of the Service, violation of these Terms, or infringement of third-party rights.
16. Disclaimers; No Warranties
THE SERVICE AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. AVENUE STUDIO DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
17. Limitation of Liability
IN NO EVENT WILL AVENUE STUDIO BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID OR $50.
18. Governing Law
These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Disputes will be resolved in the state or federal courts located in New York County, New York.
19. Dispute Resolution and Arbitration
19.1 Generally
Any disputes arising from these Terms will be resolved through binding individual arbitration, except as provided below.
19.2 Exceptions
You and Avenue Studio may bring claims in small claims court or seek injunctive relief in court.
19.3 Arbitration Process
Arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The arbitration will take place in New York County, New York.
19.4 No Class Actions
You and Avenue Studio agree to resolve disputes on an individual basis and waive the right to participate in class actions.
20. Contact Us
If you have questions about these Terms, please contact us at:
Email: info@avenuestudio.us
Address: 4916 3rd Avenue, Brooklyn, NY 11220