Terms and Conditions
By ordering any HOJO Studios product and/or service, the Customer is agreeing to all Terms and Conditions (“Terms”) and the Terms of any product and/or service offered by underlying providers.
HOJO Studios reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: www.hojostudios.com/terms.
Violation of any of the terms below may result, at HOJO Studios’ sole discretion, in the termination of your account with HOJO Studios ("Account"). The Customer agrees to use the Service at your own risk.
1.0 Account Terms
1.1 You must be 18 years or older to use this Service.
1.2 You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
1.3 You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
1.4 You are responsible for maintaining the security of your Account and password. HOJO Studios cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
1.5 You are responsible for all Content posted and activity that occurs under your Account even when Content is posted by others who use your Account.
1.6 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
2.1 All payment is in U.S. dollars.
2.2 All payments are required in advance to services being rendered. In the event that HOJO Studios arranges for financing or progress payments, these payments are required in advance as per the terms of the proposal.
2.3 All services are billed in advance with the exception of ‘metered’ services (e.g. quantities of bulk mail sent, overages for packages, etc.). In these instances, HOJO Studios shall bill in arrears for metered usage.
2.4 There are no refunds for partial months of service, or un-used service.
2.5 All stated pricing are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Customer shall be responsible for payment of all such taxes, levies, etc. To the extent that HOJO Studios is required to collect, remit or pass through taxes, the applicable amounts shall be added to the Customer order and presented during billing.
2.6 The Customer agrees that in the event HOJO Studios is unable to collect the fees owed to HOJO Studios for the Services provided under any proposal or agreement, HOJO Studios may take any steps it deems necessary to collect such fees. The Customer shall be responsible for all reasonable collections costs and expenses incurred by HOJO Studios in connection with such collection activity, including collection fees, court costs and attorneys' fees. The Customer further agrees that HOJO Studios may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
3.1 Either party may terminate the agreement 30 days prior to the end of term of any agreement.
3.2 Auto-Renewal – Both parties agree at the end of the term of any agreement, that both parties shall have the mutual right to allow the agreement to renew on a month-to-month basis unless terminated by either party.
3.3 Termination of this agreement does not terminate any obligation by either party for the purpose of this agreement. The Customer agrees that if this agreement is terminated prior to the end of the Term, that the Customer is still liable for all financial obligations arising from the agreement such as remaining commitments, progress payments or financing repayment.
3.4 HOJO Studios, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other HOJO Studios service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. HOJO Studios reserves the right to refuse service to anyone for any reason at any time.
4.0 Suspension of Service
4.1 HOJO Studios retains the right to suspend service to the Customer or its access to systems/service providers offered under this agreement should the Customer fail to pay invoices as agreed to in any proposal, or abide by all policies in the Terms. Suspension of service does not release the Customer from any financial obligation agreed to as part of any proposal, Agreement or financing.
5.0 Modifications to Service
5.1 Services provided under any proposal or agreement may change if an underlying provider advises of such changes. In such instances, HOJO Studios shall notify the Customer immediately as to the nature of the change of the services provided and pricing.
6.0 Copyright, Content Ownership and Trademarks
6.1 All content posted by the Customer on the Service must comply with U.S. copyright laws. Please see the below section regarding our policy to address Copyright Infringement Claims.
6.2 The Customer agrees to abide by all terms and conditions as it pertains to the use of logos, systems, copyrights, patents and intellectual property as it pertains to HOJO Studios and its service providers. The Customer may not use HOJO Studios services or those of its providers in any way that should violate HOJO Studios policies, HOJO Studios’ service providers’ policies, or laws and policies established by governmental and regulatory laws and agencies.
7.0 Acceptable Use Policy
7.1 Customer agrees to any and all Acceptable Use Policies (AUP) as defined in the Terms or the Terms of any of HOJO Studios Service Providers.
7.2 AUP policies are subject to change at any time by HOJO Studios and its Service Providers.
7.3 Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
7.4 Use of HOJO Studios services for verbal, physical, written or other abuse (including threats of abuse or retribution) shall result in immediate Account termination.
7.5 The Customer agrees to all CAN-SPAM compliance laws and regulations. The Customer not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
7.6 The Customer must not transmit any worms or viruses or any code of a destructive nature.
8.1 HOJO Studios does not warrant that (i) the Service or Product will meet your specific requirements, (ii) the Service or Product will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service or Product will be accurate or reliable, (iv) the quality of any Product, Service, information, or other material purchased or obtained by you through the Service will meet your expectations, (v) the Service or Product will not infringe the rights of third parties and (vi) any errors in the Service will be corrected.
8.2 The Customer agrees that HOJO Studios shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HOJO Studios has been advised of the possibility of such damages for any reason.
9.1 The Customer agrees to defend, indemnify and hold harmless HOJO Studios, its subsidiaries, affiliates, licensors, employees, officers, directors, agents, third party information providers, service providers and independent Subcontractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use the Service or your breach or alleged breach of the Terms or of any representation or warranty contained herein, your unauthorized use of the Service, or your violation of any rights of another.
10.0 Notification of Copyright Infringement Claims and Legal Notices
10.1 HOJO Studios is committed to compliance with U.S. copyright law. Under the Digital Millennium Copyright Act (17 U.S.C. § 512), copyright owners have the right to notify HOJO Studios, if they believe that an account user of a HOJO Studios application has infringed the copyright owner's work(s). Notifications of claimed copyright infringement must be submitted in writing to HOJO Studios designated agent for receiving such notifications.
10.2 Any legal notices pertaining to this agreement shall be sent to HOJO Studios at the contact identified below.
By email: firstname.lastname@example.org
By mail: HOJO Studios
1318 NW 12th Terrace
Sunrise, FL 33323
11.1 HOJO Studios protects the privacy of its Customers. HOJO Studios does not share or use for its own purpose any customer information via its website other than that voluntarily submitted by users through the website registration or referral processes, the website’s contact, customer support or feedback forms, and/or comments posted by users in the website's user forums or in response to blog posts or other interactive content published on the website. All Customer account information stored in a private area is accessible only by the Customer and designated HOJO Studios personnel.
Customer contact and other personal information will not be distributed or shared with third parties unless those parties and the shared information are essential to the provision of services or products requested by the client. Contacts and proprietary information entered into HOJO Studios’ systems and services shall not be used for other purposes than those designated by the Customer by HOJO Studios, or sold to 3rd parties.
12.1 The occurrence of any of the following shall constitute a material default under this Agreement – a) the failure to make a required payment when due, b) the failure of the Customer or HOJO Studios to fulfill the obligations within this agreement.
12.2 In addition to any and all other rights available according to law, if either party defaults by failing to substantially perform any material provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may elect to terminate this Agreement if the default is not cured within 10 days after providing written notice to the defaulting party. The notice shall describe with sufficient detail the nature of the default. If HOJO Studios terminates this agreement for reason of default, HOJO Studios maintains the right to demand immediate payment for money owed under any sales agreement or work order, including a) un-billed Agreementual progress payments and b) future monthly services or finance billing owed under a sales agreement. The Customer agrees to pay for a) interest on all late payments for money owed under all sales and work order agreements at the maximum rate allowed by law until paid and b) reasonable costs for collection and c) reasonable costs of attorneys’ fees and expenses of litigation that the HOJO Studios may incur in collecting any unpaid amount.
13.1 During the period of this agreement and for a period of 2 years after termination of this agreement, Customer shall not directly or indirectly solicit, induce or attempt to induce any employee or subcontractor of HOJO Studios, to terminate his or her employment or relationship with HOJO Studios. HOJO Studios agrees that it shall not directly or indirectly solicit, induce or attempt to induce any employee of Customer to terminate his or her employment with Customer. This provision shall survive the termination of this agreement for the period stated herein. A violation by the Customer of this paragraph shall be deemed a material violation of this Agreement and will justify legal and/or equitable relief specifically including injunctive relief; it being recognized by the parties that damage will be incurred by HOJO Studios for which there is no adequate legal remedy by law. If such a violation occurs and HOJO Studios seeks legal remedy resulting in an injunction or judgment in the favor of HOJO Studios, the Customer shall be responsible for reimbursing HOJO Studios for all reasonable legal expenses incurred.
14.1 Both parties acknowledge that during the course of any agreement, each may obtain confidential information regarding the other party's business. Both parties agree to treat all such information and the terms of this Agreement as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Agreement. Customer grants HOJO Studios permission to use its name in proposals or on its web site for marketing purposes only.
15.1 Neither party may assign or transfer this agreement without prior written consent of the other party, which consent shall not be unreasonably withheld.
16.0 Entire Agreement.
16.1 This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written which have not merged into this agreement, unless done so in writing in the form of a Sales agreement (including all associated addenda, schedules or attachments) or Change Orders that associates itself with this Term and Conditions agreement.
17.1 This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.
18.1 If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
19.0 Waiver of Contractual Right.
19.1 The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
20. Applicable Law
20.1 This Agreement shall be governed by the laws of the State of Florida and the parties agree that venue for any action arising from or based upon this agreement shall be brought in Broward County, Florida.