TERMS OF SERVICE

One61 Studio Terms and Service

This is a legal agreement between the person or organization ("User" or "you") agreeing to these Terms of Service ("Terms") and Bioworld Merchandising, Inc. DBA One61 Studio ("One61 Studio," "us," or "we") for the use of the One61 Studio app ("Application") and related services ("Services"). By accepting these Terms or using the Application or Services, you represent that you are of legal age and have the authority to bind the User to these Terms, One61 Studio's Privacy Policy, and the applicable conditions set forth herein (collectively the "Agreement").

Terms of Use and Privacy Policy

Users are responsible for reviewing the terms and conditions as posted on the interwebs located at www.One61.com (the "Website").

One61 Studio reserves the right to change the terms, conditions, and notices of this Agreement. You are responsible for regularly reviewing these terms and conditions and additional terms posted via the interwebs or any other electronic communication formats i.e. e-mail. Continued use of the Website, Application, and Services constitutes your agreement with all such new or revised terms, conditions, and notices.

License

Permission is granted to download a copy per user's individual mobile device of the Application from the Website or applicable "App Store" for personal, non-commercial use only (the "License"). This is the grant of a license, not a transfer of title, and under this license you may not:

1. copy the Application other than personal backup use;

2. modify the Application;

3. use the Application for any commercial purpose;

4. remove any copyright, trademark, or other proprietary notations from the Application;

5. transfer the Application to another person or other server(s).

6. attempt to reverse engineer the Application;

Consent to Use of Data:

You agree that Licensor may collect and use certain data and information (using beacons and other technology), including but not limited to, technical information about your device, system, peripherals and software and behavioral data such as the features you access and the frequency of use of the application. This information is gathered periodically to improve Licensor's products and provide software updates, product support, and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Such data will be transmitted by your device through a cellular data connection or wireless connection. Please note that while very nominal, transmission of such data through your cellular data connection will utilize some of your available bandwidth.

Sharing of Data

We will not sell, trade, or rent User's personal identification information (PII) to any third party. We may share generic data aggregated demographic information not linked to or identifiable as any PII regarding visitors and users with our business partners, trusted affiliates and\or advertisers for the purposes outlined above.

We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys.

Third party websites

Users may find advertising or other content on linked sites or application that link to additional sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our site, are subject to that web-site's own terms and policies.

Disclaimer

The Application and Services are provided "as is". One61 Studio makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties. Further, One61 Studio does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Application and Services or software and devices related to the use of the Application or Services or any other websites linked to the Website.

Limitations

In no event shall One61 Studio or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Website, Application, or Services. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Indemnification

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party's use of the Services using your user ID, verification PIN and/or any identifier number , and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

Links

One61 Studio is not responsible for the contents of any linked website. The inclusion of any website link on the Website does not imply endorsement by One61 Studio of that particular linked Website. Use of any such linked website is at the User's own risk.

Termination/Large Monsters

Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, we may immediately revoke your access to the application and its functions. And yes, your rights will terminate if in the event that large monsters are attacking your house.

Governing Law

C'mon y'all, let's not fight about this. But if we do have to fight, we agree to do it in Texas. As a condition of your use of Website, Application, or Services, you agree not to use the Website, Application, or Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website, Application, or Services in any manner that could damage, disable, overburden, or impair the Website, Application, or Services. You may not attempt to gain unauthorized access to any other One61 Studio users information or website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website, Application, or Services.

Governing Law; Jurisdiction; Venue: This Agreement shall be governed by and construed in accordance with the law of the State of Texas without regard to any portion of its choice of law principles that might provide for application of a different jurisdiction's law; provided, however, that to the maximum extent permitted under Applicable Laws.