Terms of Service

Thank you for choosing Fowler Studios. By using our products, services and sites you agree to the following terms, conditions, policies, guidelines or amendments thereto known as the Terms of Service. Fowler Studios reserves the right to modify the Terms of Service without notice.

You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supercede any other terms associated with the files and applications available on the domain fowlerstudios.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Fowler Studios, LLC. ('Fowler Studios', 'we', or 'us').

1. Use of Fowler Studios Products and Services

You (the "User"), by using, accessing, or attempting to interact with, Fowler Studios, or other Fowler Studios software, services, websites, or any of their licensees services or software (collectively "Services"), agree to be bound and abide by the terms and conditions of this Agreement with Fowler Studios, LLC.

You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other jurisdictions. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsbile for all content on your account. You agree to immediately notify Fowler Studios of any unauthorized use of your account or any other breach of security. Fowler Studios will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.

You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.

You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in the state of California.

The Services are offered on an "as is" basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.

2. Acceptable Use

You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials (‘Content’) are the sole responsibility of the account from which such Content originated. Fowler Studios reserves the right, but does not assume the responsibility, to monitor or review any Content on Fowler Studios services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using Fowler Studios services and for any consequences thereof. You agree to use Fowler Studios services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Fowler Studios services or servers or networks connected to Fowler Studios services.

3. Prohibited Use

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Fowler Studios will impose fees; and/or pursue civil remedies without providing advance notice.

Misuse of Account Limits: Misuse of account limits, including but not limited to employing programs that consume excessive CPU time (outside of reserved account limit), network capacity or storage space.

Unsolicited Communications: Sending unsolicited bulk messages utilizing our network. Generating a significantly higher volume of outgoing e-mail than a normal user. Using a non-existent email return address. Open E-mail relaying. Sending out unsolicited email from any other network that points to a Fowler Studios server.

Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

Fowler Studios does not allow any of the following content, or links to such content, to be published on the Service:

Content of an illegal nature (including stolen copyrighted material).
Pirated software sites, including cracking programs or cracking program archives.
Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Users posting any of the above content on their sites will be notified using User's current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, Fowler Studios will suspend the services of the member account until a resolution is met between Fowler Studios, LLC. and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.

The final choice of whether an account is in violation of any of these policies is at the sole discretion of Fowler Studios, LLC.

Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.

4. Fees and Billing

User agrees to either a one (1) month "monthly" or twelve (12) month "yearly" contract agreement with Fowler Studios.

You agree that Fowler Studios shall be permitted to charge your credit card on a monthly or yearly basis in advance of providing its services or as needed for prepayments, for your contract fee, any applicable sales taxes, and any other charges you may incur in connection with your use of Fowler Studios services. The monthly contract fee is billed in full on the first day of your paid contract and monthly thereafter, unless and until you cancel your contract. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid contract began on March 31st, your next billing date would be April 30th. The yearly contract fee is billed in full on the first day of your paid contract and yearly thereafter, unless and until you cancel your contract. If your yearly billing date lands on a day not contained in the month of a given year, you will be billed on the last day of the month of that year. For example, if your paid contract began on February 29th, 2008, your next billing date would be February 28th, 2009.

At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via the User's website Account interface or via Fowler Studios's support addresses. Any cancellation issued via the customer's website Account interface must be done at least one (1) day prior to the end of the contract term. Any cancellation issued not issued via the website Account interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.

All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.

User can opt to upgrade their service agreement to any other contract agreement that Fowler Studios is currently offering for sale at any time during User's contract term.

5. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOWLER STUDIOS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE FOWLER STUDIOS SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO FOWLER STUDIOS SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF FOWLER STUDIOS AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE FOWLER STUDIOS SERVICES , UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THREE TIMES ONE MONTHS RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.

6. Exclusions and Limitations

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.

7. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF FOWLER STUDIOS SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY FOWLER STUDIOS ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTESS APPLIED.

9. Indemnity

You agree to defend, indemnify and hold harmless Fowler Studios, LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Fowler Studios products and services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Fowler Studios services.

10. NOTICE

You agree that Fowler Studios may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Fowler Studios services.

11. GENERAL INFORMATION

Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your from time to time) constitute the entire agreement between you and Fowler Studios and govern your use of Fowler Studios services, superceding any prior agreements between you and Fowler Studios for the use of Fowler Studios services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Fowler Studios services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and Fowler Studios shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Fowler Studios agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.

Waiver and Severability of Terms. The failure of Fowler Studios to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 of Service remain in full force and effect.

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 Fowler Studios services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.