INTRODUCTION:
Union Studio and Side Hustle House (“Side Hustle House” or “Unions Studio” or “us” or “we” or “our”) welcome you to https://sidehustlehouse.house and its subpages. (“Website”). The following Terms of Use and the terms and conditions therein together with any documents they expressly incorporate by reference (“Terms” and/or “Terms of Use”), govern your access to and use of this Website including any content, functionality and services offered, whether as a guest, registered user, or at all. The Terms extend to any organization, company, business, and/or legal entity which you represent, appear to represent, and/or have requisite authority (“you” or “your”).
1. ACCEPTANCE
Please read these Terms of Use carefully before using our Website. If you do not agree to these Terms of Use, you should not access or use our Website as your use or accessing of our Website indicates your agreement to all the Terms in the Terms of Use. Further, it is your sole responsibility to ensure that all persons and/or entities who access the Website through your internet connection, browser, and/or device are aware of the Terms and comply with them fully.
ACCESSING, BROWSING, OR OTHERWISE USING THIS WEBSITE INDICATES YOUR FULL AND KNOWING AGREEMENT TO ALL THE TERMS IN THE TERMS OF USE. BY ACCESSING AND USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS.
2. CHANGES
We reserve the right to modify, amend, update, or delete these Terms at any time and for any reason without notice to you. Any such modifications, amendments, updates or deletions will be effective immediately upon posting. Your continued use of the Website after such posting shall be deemed to constitute acceptance by you of the changes. Also, we may change or discontinue any aspect, service or feature of the Website (e.g., content, availability, etc.) at any time.
3. VIOLATION
If you violate the Terms of Use you may be blocked from future access from using Website. We may terminate your access to our Website without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of the Terms of Use shall by their nature survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
4. SCOPE
You represent and warrant that you are at least 18 years old, and/or visiting our Website under the supervision of a parent or guardian. Subject to the Terms of the Terms of Use, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use our Website by displaying it on your browser only for the purpose of learning about us, promoting us, and/or accessing our services. Any breach of the Terms of Use may result in the immediate revocation of the license granted without notice to you.
Our Website is provided for your personal information and non-commercial use. The commercial use, reproduction, transmission or distribution of any information, software or other material made available through our Website without our prior written consent is strictly prohibited. You agree to use our Website only for purposes that are lawful and permitted by the Terms. Any person determined by us, in our sole discretion, to have violated the rights of others may be barred from using our Website and/or submitting or posting any further material on our Website.
You specifically agree not to access (or attempt to access), or systematically retrieve data from, any part of our Website through any automated means (including use of scripts, bots or web crawlers). Gathering data from our Website through harvesting or automated means is strictly prohibited. You agree that you will not engage in any activity that interferes with or disrupts our Website or interferes with any other party’s use and enjoyment of our Website.
5. INTELLECTUAL PROPERTY
You acknowledge that our Website may contain text, software, logos, slogans, photos, video, graphics, music and sound, media, plans, directions, instructions, commentary, insight, and other content (“Content”) that is protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights. Our Website and its Content, features, and functionality are owned by us and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. None of the Content may be downloaded, copied, reproduced, transmitted, stored, sold, or distributed without our prior written consent. You acknowledge that you do not acquire any ownership rights in the Content by use of our Website.
Without limiting the generality of the foregoing, we own the copyright in the selection, coordination, arrangement, and enhancement of such Content, as well as in some or all of the Content original to it. You may not copy, modify, decompile, reverse engineer, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content in whole or in part without the express permission of ours or as otherwise expressly permitted by applicable law.
You agree that all of our trademarks, certification marks, trade names, service marks and other logos and brand features (“Marks”) are the exclusive property of ours or its subsidiaries or affiliates. Without out prior written permission, you agree not to display or use the Marks in any unlawful manner. Without limiting the generality of the foregoing, nothing herein shall be construed as granting you any rights to use any of the Marks.
The use of any of our Content or our Marks or our intellectual property without our express written consent is strictly prohibited. You may not use our Content or Marks or intellectual property in connection with any product or service in any way that is likely to cause confusion or harm. You may not use our Content or our Marks or our intellectual property in any manner that disparages or discredits us. You may not use any of our Content or our intellectual property in meta tags without prior explicit consent.
6. LICENSE:
a. GRANT: Subject to the terms herein, should you purchase a license through this Website to any Content, information, material, or Intellectual Property owned, made available, and/or controlled by us (“License”), said License is non-exclusive, limited in scope, limited in term, non-transferable, non-sub-licensable, and revocable. We further expressly reserve the right to decline to sell or grant a License to any third-party for any lawful reason.
b. AUTHORITY: By agreeing to the License, and/or downloading or accessing or using any of the Content or Intellectual Property, you represent and warrant that you have full authority to execute and enter into the according license agreement and the terms specified in section 6, License, of these Terms of Use.
c. LIMITATIONS: As agreed upon by and between us and you, any License granted by us and/or coordinated through the Website is limited as follows:
a. Non-Exclusive: The License is non-exclusive, and we, at our sole discretion, remain free to grant licenses to any other third-parties at any time.
b. Term: The License is for a one time, single use of the Content, information, material, or Intellectual Property owned or controlled by us. Under no circumstances does the License provide for its repeated use, and the License shall not, as broadly understood, be used for any manner or type of scaled, repeated, mass, or larger type or manner of development. For purposes of clarity, a separate and distinct License must be purchased for each individual use of the License, i.e., one License shall not be used to build multiple homes or structures. The use of a License is and equates to the building of one Side Hustle house.
c. Non-Transferable: The License is non-transferable, non-assignable, and is not sub-licensable without our prior, express, written permission. You cannot and shall not transfer, sub-license, or attempt to transfer or sub-license the License without our prior, express, written permission. Granting, permitting, allowing, or not-stopping the use of the License in any form or a manner by a third-party without our prior, express, written permission shall constitute transferring and/or sub-licensing the License.
d. Revocable: The License is revocable, and we may revoke the License and terminate this Agreement immediately if you materially breach these Terms and Conditions and/or terms of the any granted License, which material breach shall be determined in good faith at our sole discretion. If the License is revoked, all Fees and Payments remain due to us.
e. Results: The License does not guarantee any results, and we are not responsible for any particular result. You understand that we have made no promises or representations as to any particular results that you can expect at any time pursuant to the License.
f. Interpretation: The scope of the License is limited, and intended to be limited in nature. Therefore, any doubt as to the scope of the license and its limitations shall be construed, understood, and interpreted in favor of our interest.
g. Approval: Any and all use of any of our Content or Intellectual Property irrespective of the circumstances, beyond the scope of the granted License, must be approved in writing in advance by us. Any changes, revisions, or tailoring of our Content and/or Intellectual Property (“Tailored Intellectual Property”) including but not limited to any websites, social medial, and marketing and materials of any nature or form must be approved in writing in advance by us.
h. Access and Control: We shall solely own and have control and access at all times to any and all Tailored Intellectual Property, including but not limited to websites, social medial, and materials or any nature or form tailored and/or developed by you. Any and all Tailored Intellectual Property are our Intellectual Property and/or Developments, and to the extent that any doubt may arise, you hereby fully and irrevocably assigns the Tailored Intellectual Property to us.
i. Manner: As determined at our sole discretion, you shall not in any manner whatsoever depict us or our Content or Intellectual Property in a negative or irresponsible manner, or in a negative light, or in a manner that is inconsistent with our mission and vision and/or use our Content and/or Intellectual Property in a negative or irresponsible manner, or in a negative light, or in a manner that is inconsistent with our mission and vision (“Prohibited Uses”). We may, in writing, request that you cease any Prohibited Uses and, at such request, you shall comply with the specific request without delay. You are responsible to use for any harms or damages that result or arise from or relate to any Prohibited Uses.
j. Insurance: Relative to the use of License and the use and/or access of its Content and/or Intellectual Property, and in no circumstance later than the commencing any planning or building, you shall obtain, carry, and keep in force an adequate and comprehensive insurance policy covering us from any harms, damages, claims, and causes of actions that may relate to or arise from the License and its Content and/or Intellectual Property.
k. Nature of Relationship: Nothing hereunder shall be deemed to create any form of partnership, principal-agent relationship, employer-employee relationship, or joint venture between us and you. You shall have no authority to speak for or bind us, nor incur obligations on behalf of us, unless expressly authorized by us or our designee(s).
l. Intellectual Property: The License creates no Intellectual Property rights for you. We maintains full and absolute right of ownership of and to any and all Content, Intellectual Property and Developments, including copyrights, patents, trademarks, trade secrets and all other intellectual property rights, and the right to apply for, obtain, hold and renew any of the foregoing. To the extent that any doubt may arise or occur, you hereby fully and irrevocably assigns any rights you may have or acquire in the Content and/or Intellectual Property and related benefits and/or rights to us without further compensation. “Intellectual Property” as used herein includes, but is not limited to, (i) all and any Content, whether or not downloaded, made available, or offered, owned or being developed by us including any derivative intellectual property; and (ii) all and any inventions, modifications, discoveries, designs, improvements, processes, software programs, works of authorship, documentation, formulas, data, techniques, know-how, secrets, trademarks, or intellectual property or proprietary rights whatsoever (whether or not patentable, copyrightable, or registerable as a trademark under federal or state law, or similar statutes or subject to analogous protection) possessed by us upon your use of this Website and/or while use, accessing, executing upon, or employing the License.
m. Developments: If resulting or arising from or in relation to the License, you, either alone or with others, makes, conceives, discovers, or reduces to practice any Development, then such Development, and the related benefits and/or rights, will immediately become our sole and absolute property, and you hereby fully and irrevocably assign any rights you may have or acquire in the Development, and related benefits and/or rights, to us without further compensation. Further, as consistent with the Copyright Act of 1976 (“Copyright Act”), each Development, and the related benefits and/or rights, will be a “work made for hire” as that term is defined in Section 101 of the Copyright Act, and will be our property and we will be the sole author within the meaning of the Copyright Act. You will promptly disclose the Development, and the Intellectual Property and related benefits and/or rights, to us with the disclosure including full access to all information necessary to comprehend it, and communicate, without cost or delay, and without publishing the same. “Developments” includes, but is not limited to, any Intellectual Property that is (i.) within or results from or in relation to the License, (ii.) results or arises from or in relation to the our Content or Intellectual Property irrespective of the circumstances, (iii.) results or arises from or in relation to rights granted by and through the License and/or any (iv.) Tailored Intellectual Property.
n. Breach and Infringement: Any use of our Content and/or Intellectual Property, and/or any rights granted by and/or through the License that are outside of the terms and scope of the License is and does constitute infringement and a breach of the License and these Terms of Use and you shall be liable to us for the same.
7. NO PROFESSIONAL ADVICE
The information available on our Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstances. You should not construe this Website or any of its Content as providing any manner or form of legal, architectural, building, financial, or any other professional advice; it is not any of these things or type of advice, nor is it any advice at all. You understand, acknowledge, and agree that (a) use of the Website or the information on our Website is at your own and sole risk; and (b) Use of the website or the information on our website creates no professional relationship or duty between us and you.
8. DISCLAIMER OF WARRANTY
YOUR USE OF THE WEBSITE, CONTENT, INTELLECTUAL PROPERTY, AND/OR LICENSE IS AT YOUR SOLE RISK. ALL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNION STUDIO AND SIDE HUSTLE HOUSE, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (II) NON-INFRINGEMENT; (III) THAT THE WEBSITE, CONTENT, INTELLECTUAL PROPERTY, AND/OR LICENSE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (IV) WITH RESPECT TO THE QUALITY OR RELIABILITY OR ACCURACY OF ANY PRODUCTS, SERVICES, PLANS, INFORMATION OR OTHER MATERIAL INCLUDING ANY CONTENT, INTELLECTUAL PROPERTY, AND/OR LICENSE OBTAINED OR ACCESSED THROUGH THE WEBSITE.
9. LIMITATION OF LIABILITY
ANY CONTENT OR INTELLCTUAL PROPERTY DOWNLOADED, LICENSED, ACCESSED, USED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS ACCESSED, USED, SHARED, EXECUTED UPON, AND ENGAGED WITH IN ANY MANNER IS AT YOUR OWN SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR THE SAME AND ANY CONSEQUENCES FROM THE SAME, AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAISNT USE ARISING FROM OR RELATED TO ANY OF THE SAME.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIDE HUSTLE HOUSE, UNIONS STUDIO, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIDE HUSTLE HOUSE OR UNION STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO OR ARISING OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II.) ANY CONTENT OR INTELLECTUAL PROPERTY DOWNLOADED, LICENSED, ACCESSED, USED OR OTHERWISE OBTAINED, USED OR ACCESSED THROUGH THE WEBSITE; (III.) THE COST OF PROCUREMENT OF SUBSTITUTE OR ADDITIONAL OR SUPPLEMENTAL GOODS AND SERVICES; (IV.) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V.) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; AND/OR (VI.) ANY OTHER MATTER RELATING TO THE WEBSITE.
SIDE HUSTLE HOUSE, UNION STUDIO, ITS SUBSIDIARIES AND AFFILIATES, EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS, OR LICENSORS ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE WEBSITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. INDEMNIFICATION
You agree to defend, indemnify and hold harmless us and our subsidiaries and affiliates, and each of their respective trustees, officers, employees, agents, contractors, partners, content providers and licensors, from and against any and all claims, suits, proceedings, liabilities, losses, damages, and costs, including legal fees, arising out of: (A) Content you submit, post, transmit, modify or otherwise make available through the Website; (B) your use of the Website; (C) your violation of these Terms; (D) your violation of any rights of another; and (E) any Content, information, or materials downloaded, licensed, accessed, or otherwise obtained through the Website.
Specifically, but not exclusively, you agree to defend, indemnify, and hold harmless us and our subsidiaries and affiliates, and each of their respective trustees, officers, employees, agents, contractors, partners, content providers and licensors, from and against any and all claims, suits, proceedings, liabilities, losses, damages, and costs, including legal fees, resulting from or arising out of the License and/or the obligations specified hereunder, regardless of whether such claims, damages, losses and/or expenses are caused in part by your actions or inactions, and regardless of when the claims, suits, proceedings, liabilities, losses, damages, and costs are asserted or incurred.
11. TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms of Use or revoke any or all of your rights granted under the Terms of Use. We may terminate, limit or suspend your access to our Website at any time, for any lawful reason, without notice to you. Upon termination, you shall immediately cease all access to and use of our Website and we may in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of our Website in whole or in part. Any termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Grounds for such termination, limitation of access or suspension include without limitation: (A) breaches or violations of these Terms (including any Additional Terms); (B) requests by law enforcement or other government agencies; (C) discontinuance or material modification to the Website (or any part thereof); (D) unexpected technical or security issues or problems; and/or (E) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.
12. REMEDIES
You agree that our remedy at law for any actual or threatened breach of the Terms of Use would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
13. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. ARBITRATION
By using our Website, you agree that: (1) any claim, dispute, or controversy you may have against us arising out of, relating to, or connected in any way with these Terms or our Website, may be, at Side Hustle House’s sole discretion, resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and us; (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or our individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor us shall be entitled to arbitrate their dispute.
15. PRIVACY AND PERSONAL INFORMATION
We are committed to responsibly handling the information and data our Website collects. Our Privacy Policy is hereby incorporated by reference into these Terms of Use. You agree to the use of your data in accordance with our Privacy Policy.
16. GOVERNING LAW AND JURISDICTION
You and we each agree that these Terms and the relationship between the parties shall be governed by the laws of the state of Rhode Island, USA without regard to any conflict of law provisions or rules and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and us, shall be brought exclusively in the courts located in Rhode Island. You and Side Hustle House each agree to submit to the exclusive personal jurisdiction of the courts located within Rhode Island, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
17. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and us and governs your use of our Website, superseding any prior version of these Terms between you and us with respect to our Website. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
18. SEPARATE AGREEMENTS
You may have other agreements with us. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with us unless they expressly, unambiguously provide otherwise.
19. WAIVER AND SEVERABILITY OF TERMS
Our not exercising or enforcing any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
CONTACT US:
For questions regarding the Terms of Use, please contact us at: info@unionstudioarch.com