Free Speech Studios LLC - Terms of Service Agreement
1. Acceptance of Terms
By accessing, using the services, or becoming a member of Free Speech Studios LLC ("the Company"), you agree to comply with and be bound by the following terms and conditions. These terms are publicly available on this website https://freespeechstudios.cobot.me/plans/e3f12af9e9f6b227b2a4a2c0a8086c99/terms , they have been provided to you before joining and may be updated at the Company's discretion. If you do not agree to these terms, please refrain from using our services. No physical or electronic signature is required to accept these terms; use of the services or membership enrollment constitutes acceptance.
2. Membership and Access
Members are granted access to the studio facilities of Free Speech Studios LLC based on the subscription or booking they have chosen. While members may utilize communal spaces of the building for the sole purpose of accessing the studio, they have no right or access to any other amenities, supplies, or services provided by St. John Music LLC or any other entity within the communal spaces.
3. Damage and Liability
Members are responsible for any damage they cause to the equipment or any part of the studio or the communal coworking space. In the event of damage, the member will be liable for the full cost of repair or replacement. If the Company incurs any legal fees or costs in collecting such amounts, the member will be responsible for those fees and costs.
4. Copyright and Compliance with Laws
Members are solely responsible for ensuring that they have the right to use any copyrighted materials in their podcasts or recordings. The Company is not responsible for any copyright violations by members. Members agree to comply with all local, state, and federal laws while using the Company's services.
5. Non-Disparagement
Members agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of the Company, its employees, directors, or officers. Members understand and agree that this paragraph is a material provision of this Agreement and that any breach of this paragraph shall be a material breach of this Agreement, and that each and every one of these covenants is reasonable with respect to its duration, geographical area, and scope.
6. Non-Compete Agreement
Due to the disclosure of trade secrets and proprietary methods to members as part of their engagement with Free Speech Studios LLC, members agree that during the term of their membership and for a period of 6 months after termination of their membership, they will not own, operate, or have a significant stake in another podcast studio or similar business within a 10-mile radius of any Free Speech Studios LLC location. Members are, however, free to be involved in such businesses in roles that do not involve ownership, operation, or significant decision-making authority. This clause is to protect the proprietary information, trade secrets and competitive advantage the company enjoys in the market.
7. Damages for Breach
Members acknowledge and agree that any breach of this Agreement, including but not limited to the non-compete and non-disparagement clauses, would result in severe and incalculable damages to the Company. In the event of such breach, the Company shall have the right to seek injunctive relief, in addition to any other rights or remedies available at law or in equity.
8. Limitation of Liability
Free Speech Studios LLC shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our services or for the cost of procurement of substitute services.
9. Indemnification
Members agree to indemnify and hold harmless Free Speech Studios LLC, its affiliates, officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Member's use of the service, violation of these terms, violation of any rights of another, or violation of any laws.
10. Release of Liability for St. John Music LLC
Members acknowledge and agree that St. John Music LLC is a separate entity and holds no responsibility or liability related to the services provided by Free Speech Studios LLC. Members agree to hold St. John Music LLC harmless for any injury, damage, or liabilities related to their use of the studio or services of Free Speech Studios LLC.
11. Governing Law and Venue
This agreement shall be governed by and construed in accordance with the laws of the state of Texas. Any disputes arising under or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts in Bexar County, Texas.
12. Membership Renewal and Cancellation
Memberships automatically renew on a month-to-month basis. To cancel, members must access the online portal and cancel before the renewal date. No refunds will be provided for any reason, including partial month usage or lack of usage.
13. Amendments
Free Speech Studios LLC reserves the right to modify or replace these terms at any time. It is the user's or member's responsibility to check the terms periodically for changes on the website. Continued use of the services after any changes constitutes acceptance of the new terms.
14. Pricing and Benefits
The pricing, benefits, and features associated with memberships and services offered by Free Speech Studios LLC are subject to change at the Company's discretion. Members will be notified of any significant changes to pricing or benefits. Continued use of the services after such changes constitutes acceptance of the new terms.
15. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
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