Terms of service – Studio Bucket

Service Terms and Conditions

Your Acceptance
By using or visiting the Studio Bucket website or any Studio Bucket products, software, data feeds, and services provided to you on, from, or through the Studio Bucket website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “terms”), and (2) Studio Bucket’s Privacy Policy, found at https://studiobucket.com/terms-and-conditions, and https://studiobucket.com/privacy.
If you do not agree to any of these terms, the Studio Bucket Privacy Policy, please do not use the Service.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at https://studiobucket.com/terms-and-conditions. Studio Bucket may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
Services
1. Studio Bucket will provide the Services to the Customer in accordance with the terms of the Order.
2. Subject to sub-clause (c) below, Studio Bucket will use reasonable efforts to provide the Services to the Customer in accordance with the delivery dates agreed by the parties. The Customer accepts there may be some factors outside of Studio Bucket’s control which may affect performance at times.
3. Studio Bucket will have no liability whatsoever to the Customer if Studio Bucket fails to provide any element of the Services by the relevant due date.
4. The Customer acknowledges that:
  1. Studio Bucket will deliver the software as a service platform to the Customer; and
  2. other than as referred to in sub-paragraph (i) above, Studio Bucket will not publish or distribute any client Materials.
Studio Bucket Accounts
1. In order to access some features of the Service, you will have to create a Studio Bucket account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Studio Bucket immediately of any breach of security or unauthorized use of your account.
2. Although Studio Bucket will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Studio Bucket or others due to such unauthorized use.
Fees and payment
1. The Customer must pay to Studio Bucket the Fee in accordance with the Payment Schedule.
2. Any payments made in accordance with this Agreement are exclusive of any and all applicable taxes, charges and levies.
3. Studio Bucket may require the Customer to make a payment earlier than the date it is due if Studio Bucket acting reasonably is concerned about the Customer’s credit worthiness.
4. The Customer must make all payments under this Agreement in full without deduction, counter claim or set-off.
Intellectual Property
1. Subject to Studio Bucket receiving payment of the Fee in full as contemplated by clause 2 above, Studio Bucket will assign all Intellectual Property Rights held by Studio Bucket in and to the Materials to the Customer.
2. The Customer grants Studio Bucket the right to use the Customer Materials for the purposes of providing the software as a service platform and creating the Materials as contemplated by the Order.
3. The Customer represents and warrants to Studio Bucket that:
  1. it has the right to grant the rights granted under sub paragraph (b) above;
  2. it has obtained appropriate consents and releases from each person (or their parent or guardian if they are under the age of 18 years old) featured in the Customer Materials;
  3. it has obtained appropriate licences and clearances in relation to any third party content (including, without limitation, music, artworks or footage) included in the Customer Materials; and
  4. the Customer Materials and Studio Bucket’s use of the Customer Materials for the purposes of providing the Services and creating the Materials will not:
    1. infringe any third party’s Intellectual Property Rights or other rights;
    2. be in contempt of court;
    3. defame any person;
    4. be discriminatory, obscene, offensive or otherwise objectionable.
4. The Customer indemnifies Studio Bucket against all losses, liabilities, damages and claims, and all related costs and expenses (including any and all reasonable legal fees on a solicitor client basis and reasonable costs of investigation, litigation, settlement, judgment, appeal, interest and penalties) arising from a breach of the warranties given by the Customer under sub-clause (c) above.
Limitations of Liability
1. To the fullest extent permitted by law, in no event shall Studio Bucket, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any
  1. errors, mistakes, or inaccuracies of content
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services
  3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
  4. any interruption or cessation of transmission to or from our services
  5. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or
  6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
2. We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, Studio Bucket limits its liability for any claims under those warranties or conditions to either supplying you the services again (or the cost of supplying you the services again).
3. You specifically acknowledge that Studio Bucket shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
4. The Service is controlled and offered by Studio Bucket from its facilities in Australia. Studio Bucket makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Warranty Disclaimer
1. You agree that your use of the services shall be at your sole risk. To the fullest extent permitted by law, Studio Bucket, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the services and your use thereof.
2. To the fullest extent permitted by law, Studio Bucket excludes all warranties, conditions, terms or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any
  1. errors, mistakes, or inaccuracies of content
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services
  3. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
  4. any interruption or cessation of transmission to or from our services
  5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party, and/or
  6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.
3. Studio Bucket does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked services or featured in any banner or other advertising, and Studio Bucket will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Acceptable Use of Service
1. You agree not to misuse the Studio Bucket services or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
  1. probe, scan, or test the vulnerability of any system or network;
  2. breach or otherwise circumvent any security or authentication measures; access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
  3. interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services; access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk); send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  4. promote or advertise products or services other than your own without appropriate authorization;
  5. abuse referrals or promotions to get more storage space than deserved;
  6. circumvent storage space limits;
  7. sell the Services unless specifically authorized to do so;
  8. publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
  9. advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment; harass or abuse Studio Bucket personnel or representatives or agents performing services on behalf of Studio Bucket;
  10. violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
  11. violate the privacy or infringe the rights of others.
Publishing
If you are publishing your videos to YouTube, you must also accept the YouTube Terms of Service.
If you are publishing your videos to Vimeo, you must also accept the Vimeo Terms of Service.
Suspension of Services and Termination
1. Without limiting any of Studio Bucket’s other rights, Studio Bucket may suspend the provision of some or all of the Services if the Customer does not make payment as contemplated by clause 4 above.
2. Studio Bucket will have no liability to the Customer whatsoever in the event of a suspension of the Services as contemplated by sub-clause (a) above.
3. Studio Bucket may terminate this Agreement with immediate effect by notice in writing to Customer upon the occurrence of any of the following:
  1. Studio Bucket becomes aware of a breach of any of the warranties given by the Customer under this Agreement;
  2. the Customer commits a breach of this Agreement that is remediable and fails to remedy the breach within 7 days of written notice from Studio Bucket requiring the Customer to do so;
  3. the Customer commits a breach of this Agreement that is incapable of remedy;
  4. the Customer undergoes an Insolvency Event.
4. If this Agreement is terminated for any reason:
  1. all payments to be made by the Customer to Studio Bucket become due and payable to Studio Bucket on the date of termination;
  2. clauses 2, 3, 4, 6, 7 and this clause 5 survive termination or expiry of this Agreement.
Confidentiality
The terms of this Agreement are confidential and must not be disclosed by the Customer to any third party other than the Customer’s professional advisers, or as required by law, without the prior written consent of Studio Bucket.
General
1. The Customer acknowledges that Studio Bucket may subcontract the provision of some of the Services.
2. Subject to this subclause, a party may only assign this Agreement or a right under this Agreement with the prior written consent of the other party. Notwithstanding any other provision of this Agreement, Studio Bucket may assign the benefit of this Agreement to any of its related bodies corporate (as that term is defined in section 50 of the Corporations Act 2001 (Cth)) without the Customer’s prior consent.
3. This Agreement constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.
4. If the whole or any part of a provision of this Agreement is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of this Agreement is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
5. A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by a party of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
6. Except where this Agreement expressly states otherwise, this Agreement does not create a relationship of employment, trust, agency or partnership between the parties.
7. This Agreement will be governed by and construed in accordance with the law for the time being in force in New South Wales and the parties, by entering into this Agreement, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.
Resolving Disputes
1. Before filing a claim against Studio Bucket, you agree to try to resolve the dispute informally by contacting team@studiobucket.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Studio Bucket may bring a formal proceeding.
2. You and Studio Bucket agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of New South Wales, Australia. Both you and Studio Bucket consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
Investigations
1. We do not review all content uploaded to the Services or Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behaviour (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted).
2. We may access or disclose information about you or your use of the Services or Software:
  1. when it is required by law (such as when we receive a valid subpoena or search warrant);
  2. to respond to your requests for customer service support; or
  3. when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.
Definitions
In these Terms and Conditions:
Customer means the customer set out in the Order.
Customer Materials means any content or materials of any nature provided by the Customer to Studio Bucket in relation to the provision of the Services and/or for incorporation in the Materials.
Fee means the fee set out in the Order.Insolvency Event in relation to the Customer means:
1. bankruptcy proceedings are commenced against the Customer, or the Customer is declared bankrupt;
2. any step is taken to enter into any scheme of arrangement between the Customer and its creditors;
3. any step is taken by a mortgagee to enter into possession or dispose of the whole or any part of the Customer’s assets or business;
4. any step is taken to appoint a receiver, a receiver and manager, a trustee in bankruptcy, a liquidator, an administrator or other like person to the Customer;
5. the Customer suspends payment of its debts generally; or
6. the Customer is or becomes unable to pay its debts when they are due or a party is or is presumed to be insolvent for the purposes of any provision of the Corporations Act 2001 (Cth).
Intellectual Property Rights means all industrial and intellectual property rights of whatever nature throughout the world conferred under statute, common law or equity, whether existing now or at any time in the future, and includes rights in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets and know-how and similar industrial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for or renew the registration of such rights.
Materials means all products and proceeds of the Services.
Studio Bucket means FinTV Pty Ltd ACN 156 097 531 trading as Studio Bucket, of NSW, Australia.
Order means the order agreed by Studio Bucket and the Customer setting out the provision of services by Studio Bucket to the Customer.
Payment Schedule means the payment schedule set out in the Order.
Services means the services set out in the Order.