Terms of Service

IMPORTANT: PLEASE READ CAREFULLY.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THIS WEBSITE OR ANY OF THE GOODS, PRODUCTS, SERVICES, CONTENT, FEATURES AND FUNCTIONALITY AVAILABLE THROUGH IT. BY USING THIS WEBSITE AND/OR ANY OF THE AVAILABLE GOODS, PRODUCTS, SERVICES, CONTENT, FEATURES OR FUNCTIONALITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS FOR YOUR RECORDS.
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Joseph Brooks / Red Velvet Studios (“RVS,” “we,” “us,” or “our”) operates this website (the “Site”), and the services related to or offered on the Site (hereinafter, the “Services”). In addition to the Services described above, our Services may include, without limitation, sales and distribution of digital content and media, podcast and video content, memberships and subscriptions, goods and products, information, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Site or provided through the Site.

These Terms of Service (“TOS”) govern your use of the Site and Services that are provided by RVS. Please read this agreement carefully before accessing or using the Site or any of the Services. Each time you access or use the Site or Services, you agree to be bound by these TOS. If you do not agree to be bound by all of these TOS, you may not access or use the Site or Services.

In addition, certain areas of the Site or Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any additional terms of use governing such area conflict with these TOS, the additional terms will control.

We reserve the right to amend this TOS at any time and without notice. If we do this, we will post an updated TOS and indicate at the top the date the TOS was last revised. Your continued use of the Site and/or Services after any such posting constitutes your acceptance of the new TOS. If you do not agree to these Terms or any future Terms of Use, do not use or access (or continue to access) the Site and/or Service. This Agreement applies to all visitors, users, and others who access the Site and/or Service.
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We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Prices for our goods, products and/or services are subject to change without notice. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to the Site.

1. USER OBLIGATIONS.

You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and Services. You may not use our goods, products or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the TOS will result in an immediate termination of your Services.

You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from the Site. We reserve the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. LICENSE GRANT.

This TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOS. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

We reserve the right to change or discontinue, temporarily or permanently, the Site or Service (or any part thereof) with or without notice at any time. You agree that we, our agents, affiliates, and subsidiaries shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or Service.
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For clarity: podcast episodes, videos, articles, transcripts, and related media are provided for personal, non-commercial consumption unless we expressly state otherwise in writing.

3. PROHIBITED ACTIVITIES.

The Site and the Services are not intended for children under the age of 13 and children under 13 should not use the Site or the Services. You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of RVS, Joseph Brooks, or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.

In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not:
(i) copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, goods, products or services obtained through the Site or the Services;
(ii) access the Site or Services by any means other than through standard industry-accepted or RVS-provided interfaces;
(iii) post or transmit any material that contains a virus or corrupted data;
(iv) delete any author attributions, legal notices or proprietary designations or labels;
(v) violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these TOS;
(vi) manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology;
(vii) register, subscribe or unsubscribe any party for any good, product or service if you are not expressly authorized by such party to do so;
(viii) use the Site or the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services;
(ix) gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to us through hacking, password mining or any other means;
(x) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without their consent; and
(xi) use the Site in any manner that could damage, disparage, or otherwise negatively impact RVS, Joseph Brooks, or any affiliated brands.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, GOODS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY US TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

4. MESSAGE BOARDS, PRODUCT REVIEWS, CHAT ROOMS, SUBMISSIONS AND POSTING GUIDELINES.

We may host message boards, chats, comment sections, review mechanisms and other public forums on the Site and through the Services (“Public Forums”). Public Forums are intended to serve as discussion centers for users and subscribers of the Site. These are public forums and any information that you post may be seen by anyone on the Internet. Any user may have the ability to edit or delete their own posts after posting (where functionality allows).

When posting information on the Site or through the Services, use good taste when discussing sensitive topics. Users and moderators are required to treat others with respect and honesty. Be fair and informative. Post honest and valuable information and do not post rumors or negative opinions that are not supported by facts.

In addition to prohibited activities described above, when posting information and media on the Site or through the Services you must not:
• Post anything that interferes with or disrupts the Site or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any similar software or programs;
• Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or infringe the rights of others;
• Post statements or materials that violate contractual or fiduciary rights, duties or agreements;
• Post or upload personal information, pictures, videos or other media of another person without express permission;
• Delete or revise any material posted by any other person or entity;
• Post bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
• Post statements or materials that encourage criminal conduct or that would give rise to civil liability;
• Post statements or materials that in any way harm minors;
• Impersonate any other person or entity;
• Misrepresent your affiliation with any entity and/or us;
• Post anything that violates privacy or publicity rights, including personal identifying information of another individual (addresses, phone numbers, email addresses, SSNs, credit card numbers, trade secrets, etc.);
• Post junk mail, spam, unauthorized advertising, promotional materials, or political campaigning;
• Post material that, in our sole judgment, is objectionable or restricts or inhibits any person from using or enjoying any interactive features; or
• Post material that infringes, or may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.

Any user failing to comply may be expelled from and refused continued access to Public Forums in the future. We or our designated agents may remove or alter any user-created content at any time for any reason. We disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made by third parties in Public Forums.

Submissions (Solicited and Unsolicited)

Solicited submissions: From time to time, we may invite you to submit audio, video, written content, questions, stories, and/or other materials for possible inclusion on the Site, in podcast episodes, on social media, or in other activities promoted by us (“Submissions”). You may only submit Submissions when specifically invited to do so by us.

If we request Submissions, these Submissions will be deemed “User Content” (defined below). By submitting any Submission, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation; we are free to disclose the Submission on a non-confidential basis to anyone or otherwise use the Submission without any additional compensation to you.

Unsolicited submissions: Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions via the Site, email or other means. This is to avoid misunderstandings if your ideas are similar to those we develop or obtain independently.

User Content License

By sending or transmitting to us content, images, video, audio files, creative suggestions, ideas, notes, concepts, information or other materials (collectively, “User Content”), or by posting such User Content on the Site, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, digitally perform, sell, offer for sale and import such User Content in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you.

You represent and warrant that any person or entity named or pictured in such User Content has provided any necessary permissions, licenses, rights or authorizations to allow our use of such User Content in accordance with this license. None of the User Content disclosed or posted via Public Forums shall be subject to any obligation of confidentiality, attribution or otherwise.

5. COMMERCIAL TRANSACTIONS.

Certain goods, products or services will be offered for sale on the Site or through the Services. Certain goods, products or services may be available exclusively online through the Site. These goods, products or services may have limited quantities and are subject to return or exchange only according to our return policy (if any).

We have made every effort to display as accurately as possible the colors and images of our goods and products that appear on the Site’s store; however, we cannot guarantee your monitor’s display will be accurate. We reserve the right, but are not obligated, to limit sales to any person, geographic region or jurisdiction on a case-by-case basis.

All descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any good, product or service at any time. Any offer is void where prohibited.

If you wish to purchase or subscribe, you may be asked to supply certain information (name, address, phone number, payment information, etc.). You agree to provide accurate, complete and current information and to comply with any additional purchase terms applicable to your transaction.

By providing payment information, you authorize us and/or our third-party payment providers to charge all fees and charges due and payable. If access requires a recurring payment, you agree we may automatically invoice your account at the beginning of each recurring period. If payment cannot be processed, or if a charge is refunded (including chargebacks), we may suspend or terminate your access and account.

You agree that if we are unable to collect amounts owed, we may take steps to collect such fees and you will be responsible for associated costs (including attorneys’ fees where permitted by law).

6. ERRORS AND RISK OF LOSS

If a good, product or service is listed incorrectly (including price or description), we reserve the right to refuse or cancel orders placed for such item. If your payment has already been processed for an erroneous purchase, we will issue a credit in the amount charged.

If physical goods are shipped, title and risk of loss pass to you upon our delivery to the carrier.

7. RETURN POLICY

For information regarding our return, exchange and cancellation policies, please review the applicable policy page on the Site or contact us at: info@redvelvetstudio.com
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8. THIRD PARTY CONTENT

Any opinions, advice, statements, services, advertisements, offers or other information or content expressed or made available through the Site by third parties are those of the respective authors or distributors and not us. We do not guarantee accuracy, completeness or usefulness of any third-party content and do not endorse it. You may be exposed to content that violates our policies or may be offensive; you access the Site and Services at your own risk.

9. SWEEPSTAKES, CONTESTS AND GAMES

If we conduct a sweepstakes, contest, or game, the rules will be accessible by link where the promotion appears. By participating, you agree to be subject to those rules.

10. ACCOUNTS, PASSWORDS AND SECURITY

If any part of the Site or Services requires an account, you must provide current, complete and accurate information. We may terminate access if any information is untrue, inaccurate, not current or incomplete.

You are responsible for maintaining the security and confidentiality of your login credentials and for all activities conducted through your account. Notify us immediately of unauthorized use or security breaches.

11. LINKING TO THE SITE

We reserve the right to disallow links to the Site at any time in our sole discretion. If we do so, you agree to remove and disable such links immediately. Unless we agree otherwise in writing, links must:
• Be text-only and clearly include the Site URL;
• Not damage or dilute our goodwill or trademarks;
• Not create a false impression of association, sponsorship, or endorsement;
• Display the Site full-screen and not within a frame; and
• Not appear on websites that are offensive, obscene, defamatory or malicious.

12. DISCLAIMER REGARDING LINKED THIRD PARTY SITES

Links may allow you to leave the Site to access third-party sites (“Linked Sites”). We provide links for convenience only and do not control, endorse, or approve Linked Sites. We are not responsible for the legality, accuracy, or appropriateness of any content or goods on Linked Sites.

13. DEALINGS WITH THIRD PARTIES

Your participation, correspondence or business dealings with any third party found on or through the Site and Services are solely between you and that third party. We are not responsible for any loss or damage incurred from such dealings.

14. PRIVACY

Our privacy policy regarding collection and use of your personally identifiable information is set forth on the Site and incorporated by reference into these TOS. BY ACCESSING THE SITE AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

15. DISCLAIMER OF WARRANTIES

THE SITE AND THE SERVICES, AND ANY GOODS, PRODUCTS, CONTENT, TOOLS, OR SERVICES SOLD, OFFERED, DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR DISCLAIM THAT:
(i) YOUR USE OF THE SITE/SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE;
(ii) INFORMATION ON THE SITE IS ACCURATE, RELIABLE OR COMPLETE;
(iii) DEFECTS WILL BE CORRECTED; OR
(iv) THE SITE/SERVICES OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS.

YOUR USE IS ENTIRELY AT YOUR OWN RISK.

16. LIMITATION OF LIABILITY

NEITHER RED VELVET STUDIOS NOR JOSEPH BROOKS NOR ANY LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING TO:
(i) USE OR INABILITY TO USE THE SITE/SERVICES;
(ii) ANY CONTENT CONTAINED ON THE SITE/SERVICES;
(iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE;
(iv) ANY GOOD, PRODUCT OR SERVICE PURCHASED;
(v) ANY ACTION TAKEN BASED ON INFORMATION ON THE SITE/SERVICES;
(vi) LOSS OF ACCESS, DELETION, FAILURE TO STORE/BACK UP, OR ALTERATION OF CONTENT; OR
(vii) ANY OTHER MATTER RELATING TO THE SITE/SERVICES.

IN NO EVENT SHALL TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR PURCHASING GOODS/PRODUCTS/SERVICES AND/OR USING THE SITE/SERVICES.

17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Red Velvet Studios, Joseph Brooks, and our licensors, affiliates, officers, directors, agents, partners, employees and representatives from any and all claims, damages, losses, costs or expenses (including reasonable attorneys’ fees) arising directly or indirectly out of:
(i) your breach of these TOS;
(ii) any allegation that your User Content infringes third-party rights; and
(iii) your access or use of the Site or Services.

18. COPYRIGHT POLICY (DMCA)

If you believe in good faith that materials hosted on the Site infringe your copyright, you or your agent may send a notice requesting removal or blocked access under the DMCA. DMCA notices must include:
• A signature of the authorized person;
• Identification of the copyrighted work;
• Identification of the infringing material and its location;
• Contact information;
• A good-faith belief statement; and
• A statement under penalty of perjury that the information is accurate.

Designated Agent: info@redvelvetstudio.com

19. JURISDICTIONAL ISSUES

We make no representation that goods, products, services, content or materials are appropriate or available for use outside the United States. Those accessing from other locations do so at their own risk and are responsible for compliance with local laws. We may limit availability to any person, geographic region, or jurisdiction at our sole discretion.

20. TERMINATION

These TOS are effective unless and until terminated by either you or us. You may terminate by ceasing use of the Site and Services. If, in our sole judgment, you fail (or we suspect you have failed) to comply with any provision, we may terminate this agreement at any time without notice and you may remain liable for amounts due up to the termination date. We may deny access to Services (or any part thereof).

21. GOVERNING LAW

These TOS and the relationship between you and us shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Los Angeles County, California, and waive jurisdictional, venue or inconvenient forum objections.

22. WAIVER AND SEVERABILITY

Failure to enforce any right or provision is not a waiver. If any provision is found unlawful or unenforceable, that provision shall be severed and the remaining provisions remain valid and enforceable.

23. SUCCESSORS AND ASSIGNS

We may perform obligations or exercise rights through affiliates or related entities. If we or our assets are acquired, the acquiring entity assumes rights and obligations under these TOS. You may not assign your rights or obligations without our prior written consent.

24. UPDATES

We may modify these TOS at any time. If you disagree, you must discontinue use and, if applicable, cancel your registration. Continued access constitutes acceptance. It is your responsibility to review these TOS regularly. We may modify or discontinue the Site/Services at any time and will not be liable for doing so.

25. ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals. Any ambiguities shall not be construed against the drafting party.

CONTACT

Red Velvet Studios
Attn: Joseph Brooks
Email: info@redvelvetstudio.com

Phone: (424) 245-5417
Instagram: @redvelvetstudiosla