Terms & Conditions

Last Updated: 08.17.2020

Welcome to a small studio. We are excited to have you here. We want to share with you the Terms and Conditions (we’ll refer to them as the “Terms” the rest of the way) that will apply to you while you’re here. This includes your use of our websites, services, applications, and any other way you interact with what we’re putting out into the world (we’ll refer to these collectively as the “Service”).

We know this isn’t the most exciting stuff, but it is important to us that you read the Terms. After all, when you use the Service, you’re agreeing to the latest Terms, so we’d like you to understand what it is you’re agreeing to. If you don’t agree to the Terms, as well as our Privacy Policy, then we ask that you please do not use the Service.

Account

You may need to create an account to use the Service. If so, you are responsible for maintaining the security of your account and password. We will not be liable for any harm resulting from your failure to maintain the security of your account and password. Also, you will be responsible for all content posted and activity that occurs under your account, including content posted by others who have access to your account.

User Content

You may be permitted to post, upload, or otherwise contribute content to the Service (“User Content”). If you post any User Content, you agree that:

  • You own or have the right to post the User Content and have the right to grant the license granted to us by these Terms with respect to User Content you post;
  • The User Content, or its use by us as contemplated by the Terms, does not violate the Terms, any applicable law, or the intellectual property, publicity, personality, or other rights of others;
  • The User Content is not offensive, abusive, defamatory, pornographic, threatening, or obscene;
  • The User Content does not include malicious content such as malware, Trojan horses, or viruses, or otherwise interfere with any user’s access to the Service;
  • The User Content does not impersonate or misrepresent your affiliation with another user, person, or entity;
  • The User Content does not involve the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or the like; and
  • The User Content does not link to, reference, or otherwise promote commercial products or services.

We reserve the right to remove any User Content from the Service that fails to meet these standards. However, we are not obligated to monitor, review, edit, or remove User Content. If you believe that any User Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.

You will retain all ownership rights in User Content you post. However, you agree to grant us a license with respect to this User Content. The license gives us the rights to use, display, reproduce, distribute, and otherwise disclose the User Content in connection with providing the Service, in our marketing communications, and for any other purpose. The license to these rights is non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, and worldwide.

If you provide feedback, ideas, or suggestions to us in connection with the Service or User Content (“Feedback”), you acknowledge that the Feedback isn’t confidential and you authorize us to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

Links to Other Websites

Our Service may contain links to third party websites or services that we don’t own or control. Because we don’t own or control these websites or services, we cannot be responsible for their contents or their use. You are responsible for taking precautions as necessary to protect yourself from viruses and other harmful or destructive content, and we encourage you to read the terms and conditions, privacy policies, and other relevant policies of any third party websites or services you visit or access. You agree that we will not be responsible or liable for any damages or loss caused by or in connection with use of or reliance on any content, goods, or services available on or through any such third party websites or services.

Intellectual Property

The foundation of our Service is the intellectual property we’ve developed, and so it’s important for us to share what that is and the rights we have in it. The Service and its original content, features, functionality, and “look and feel” are and will remain our exclusive property, and are protected by copyright, trademark, trade secret, and other intellectual property laws. Note, though, that this section does not apply to User Content.

We grant you limited, non-exclusive, revocable permission to make use of and have access to the Service and the User Content. The Service and the User Content are not sold or transferred to you and we and our licensors, respectively, retain ownership of the Service and the User Content.

All of our trademarks, service marks, trade names, logos, domain names, and any other features of our brand are our sole property; these Terms do not grant you any rights to use any features of our brand whether for commercial or non-commercial purposes.

Use Restrictions

We created the Service to help others. Yet we recognize that even the best tools can be used to harm. That’s why we’ve imposed restrictions on how you can use the Service, which prevent you from doing any of the following:

  • Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Service;
  • Circumventing any technology used by us or any third party to protect the Service;
  • Selling, renting, sublicensing, or leasing any part of the Service;
  • Creating a false identity, misrepresenting your identity, creating an account for anyone other than yourself, or using or attempting to use another’s account;
  • Violating our intellectual property rights or the intellectual property rights of others;
  • Posting anything that contains software viruses, worms, or any other harmful code;
  • Interfering with the operation of, or placing an unreasonable load on, the Service; or
  • Monitoring the Service’s availability, performance, or functionality for any competitive purposes.

These restrictions are not exhaustive. If you find yourself looking for loopholes here, you’re probably looking for ways to use the Service for harm. If you use the Service for harm, we reserve the right to restrict or terminate your access to the Service.

Termination

We have the right to suspend or terminate your account and/or to refuse you access to the Service for any reason at any time. So long as you’re complying with the Terms, you shouldn’t be too concerned about this. The reason we include this clause is protect ourselves—and our users—against the very small percentage of users who behave badly. If you want to terminate your account, you can simply stop using the Service. Additionally, accounts that are inactive for more than a year may be terminated without notice to you.

One more thing: Don’t abuse our team. They’re at the core of what we do, and if you subject any of them to verbal, physical, written or other abuse, we will immediately terminate your account and refuse you access to the Service.

Limitation of Liability

The language in this section was written by our lawyer, but we wanted to try and preview it in simpler language: You’re choosing to use our Service, and we’re glad you are, but if things don’t work out for you in connection with using our Service, we’re not going to be responsible for that.

You expressly understand and agree that we shall not be liable to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the Service; (2) the cost of procurement of substitutes goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the Service; (5) or any other matter relating to the Terms or the Service, whether under breach of contract, tort, or any other theory of liability.

Idemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms.

Disclaimer

You use the Service at your own risk. We provide the Service on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, non-infringement or course of performance. In addition, we make no representation nor do we warrant, endorse, guarantee, or assume responsibility for any User Content.

Governing Law

We’re a Washington company, and so these Terms (and any dispute or claim arising from or related to the Terms) will be governed by and construed in accordance with the laws of State of Washington, without regard to its conflict of law provisions. Any lawsuit arising out of, or related to, these Terms or the Service will be instituted exclusively in the federal courts of the United States or the courts of the State of Washington, in each case located in the City of Seattle and County of King. At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Service to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington law.

Waiver and Severability

No waiver by us of any of any term or condition set out in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provision of the Terms will continue in full force and effect.

Entire Agreement

The Terms (and any other agreements referenced in the Terms) constitute the entire agreement between you and us regarding the subject matters in the Terms.

Changes

Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users through the Services, and you release us from any and all liability in connection with the contents of any personal information or other information which you may receive using the Services. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party. You release us from any and all liability in connection with the use of such personal information or other information of others.

It is our policy to post any changes we make to our Privacy Policy to our Website. If we make material changes to how we treat our users’ personal information, we will notify you by email and/or through a notice on our Website. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact

You can contact us by email at info@asmallstudio.com

Privacy Policy

Last Updated: 08.17.2020

Introduction

a small studio LLC takes your privacy seriously and we are committed to protecting it through compliance with this Privacy Policy.

This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website www.asmallstudio.com (“Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

By working with a small studio LLC including any service listed on www.asmallstudio.com, you are using a service provided by a small studio LLC (the “Service”) and you agree to be bound by this Privacy Policy.

Information We Collect About You and How We Collect It

When you join us as a user of our Website or Service, we may ask for personal information that will be used to activate your account, provide the Service to you, communicate with you about the status of your account, and for other purposes set out in this Privacy Policy. This information may include, without limitation, your name, company name, address, telephone number, email address, credit card information and certain other information that may be required by us to provide the Service. You will also be asked to create a private password, which will become part of your account information.

By providing personal information to us and by retaining us to provide you with the Service, you voluntarily consent to the collection, use and disclosure of such personal information as specified in this Privacy Policy. Without limiting the foregoing, we may on occasion ask you to consent when we collect, use, or disclose your personal information in specific circumstances. Sometimes your consent will be implied through your conduct with us if the purpose of the collection, use, or disclosure is obvious and you voluntarily provide the information.

We may use the information you provide us for the following purposes:

  • To provide the Website and Service to you and to improve the quality of our Website and Service.
  • To provide information to you so that you may use our Website and Service more effectively.
  • To create, manage and control your account information, and to verify access rights to services and software.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To communicate with you for the purpose of informing you of changes or additions to the Website or Service, or of the availability of any other service we provide.
  • To assess service levels, monitor service usage & patterns and gauge popularity of different service options of the Website and/or Service.
  • To carry out our marketing activities.
  • To enforce this Privacy Policy or our Terms and Conditions.
  • To respond to claims of any violation of our rights or those of any third parties.
  • To respond to your requests for customer service.
  • To protect the rights, property or personal safety of you, us, our users and/or the public.
  • As required or authorized by law.

We may occasionally communicate with you regarding our products, services, news and events. You have the option to not receive this information. We provide an opt-out function within all email communications of this nature. Alternatively, we will cease to communicate with you for this purpose if you contact us and tell us not to communicate this information to you. The only kind of these communications that you may not opt-out of are those required to communicate announcements related to the Service, including information specific to your account, planned Service suspensions and outages. We will attempt to minimize this type of communication to you.

Age of Consent

We do not knowingly provide the Service to, and will not knowingly collect personal information from, anyone under the age of consent. If you live in a country in the EU/EEA, you must be at least 16 years old to use our Website or Service or such greater age required in your country to register for or use our Website or Service. If you live in any other country except those in the EU/EEA, you must be at least 13 years old to use our Website or Service or such greater age required in your country to register for or use our Website or Service. In addition to being of the minimum required age to use our Website or Service under applicable law, if you are not old enough to have authority to agree to our Privacy Policy in your country, your parent or guardian must agree to our Privacy Policy on your behalf.

Without limiting the foregoing, neither the Website nor the Service is intended for children under 13 years of age. No one under age 13 may provide any personal information to, on, or through the Website or Service. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to, on, or through the Website or Service or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.

Rights to Your Information

You have the right to request access to, correct, or delete any personal information you have provided to us at any time by sending a request for change to info@asmallstudio.com; provided, that, we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be correct.

Under the General Data Protection Regulation (“GDPR”), you may be entitled to additional rights, including the following:

  • The right to access, update, or delete personal information. Whenever made possible, you can access, update, or request deletion of your personal information directly within your account. If you are unable to do this, you can contact us to provide assistance.
  • The right to object to our processing of your personal information.
  • The right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of your personal information in a structured, machine-readable, and commonly used format.
  • The right to withdraw consent at any time where we relied on your consent to process your personal information.
  • The right to have your personal information corrected if your personal information is inaccurate or incomplete.

You can learn more about rights you may have under the GDPR by visiting the European Commission’s webpage on Data Protection.

Legal Basis for Processing Personal Data Under the GDPR

If you are from the European Economic Area, our legal basis for collecting and using the personal information described in this Privacy Policy depends on the personal information we collect and the specific context in which we collect it. We may process your personal information for the following reasons:

  • We need to perform a contract with you.
  • You have given us permission to do so.
  • The processing is in our legitimate interests and it is not overridden by your rights.
  • For payment processing purposes.
  • To comply with applicable law.

Disclosure

We may disclose personal information that we collect or you provide as described in this Privacy Policy to the following:

  • To contractors, service providers, and other third parties we use to support our business and who are either bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them, or who have their own privacy policies. For example, we use Netlify and Zeit for web hosting, Cloudflare for DNS hosting, and GitHub for content and code storage. You can read more about how these services use your personal information by following these links:
  • To a buyer or other successor in the event of a merger, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our rights arising from any contracts entered into between you and us, including for billing and collection.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of a small studio LLC, our customers, or others.

As a general rule, we do not and will not sell, rent, share or disclose your personal information without first receiving your permission or as permitted in this Privacy Policy.

Aggregated Data

We may also use your personal information to generate Aggregated Data for internal use and for sharing with others on a selective basis. “Aggregated Data” means records which have been stripped of information potentially identifying customers, landing pages or end-users, and which have been manipulated or combined to provide generalized, anonymous information. Your identity and personal information will be kept anonymous in Aggregated Data.

Links

Our Website may contain links to other websites; however, we are not responsible for the privacy practices or the content of any such other websites. We encourage you to read the privacy policy of linked websites, as their privacy policies and practices may differ from our policies and practices.

Cookies and Log Files

We use cookies and log files to track user information. Cookies are small amounts of data that are transferred to your web browser by a web server and are stored on your computer’s hard drive. We use cookies to track which page variant a visitor has seen, to track if a visitor has clicked on a page variant, to monitor traffic patterns and to gauge popularity of service options. We will use this information to deliver relevant content and services to you. This also allows us to make sure that visitors see the website they expect to see if they return to the same web URL and it allows us to tell you how many people click on your website.

Change of Ownership or Business Transition

In the event of a change of ownership or other business transition, such as an acquisition, merger, restructuring, reorganization, dissolution or sale of some or all of our assets, your information may be disclosed, shared, and/or transferred in accordance with applicable privacy laws.

Security

We will strive to prevent unauthorized access to your personal information; however, no data transmission over the Internet, by wireless device or over the air is guaranteed to be 100% secure. We are not responsible for circumvention of any privacy settings or security measures we use to secure your personal information. We will continue to enhance security procedures as new technologies and procedures become available.

Please remember that you control what personal information you provide while using the Website or Service. Ultimately, you are responsible for maintaining the secrecy of your identification, passwords and/or any personal information in your possession for the use of the Website or Service. Always be careful and responsible regarding your personal information. We are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Website or Service.

Similarly, we cannot assume any responsibility for the content of any personal information or other information which you receive from other users through the Website or Service, and you release us from any and all liability in connection with the contents of any personal information or other information which you may receive using the Website or Service. We cannot guarantee, or assume any responsibility for verifying, the accuracy of the personal information or other information provided by any third party. You release us from any and all liability in connection with the use of such personal information or other information of others.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy to our Website. If we make material changes to how we treat our users’ personal information, we will notify you by email and/or through a notice on our Website. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact

If you have any questions or suggestions regarding our Privacy Policy, please contact us at info@asmallstudio.com