We The Studios, LLC Brand Assets Terms & Conditions

By downloading or otherwise receiving from We The Studios any We The Studios trademarks, logos, trade names, service marks, service names, or other distinctive features owned by We The Studios (“We The Studios Brand Assets”) via the We The Studios Brand Site, located at brand. We The Studios.com, or other We The Studios website, or otherwise from We The Studios, you (“You”) agree to be bound by the following terms and conditions (“Terms”). In the event of any conflict between these Terms and any applicable written agreement between You and We The Studios, the written agreement shall prevail.

  1. Your Rights To Use We The Studios Brand Assets

      We The Studios grants You a limited, non-exclusive, revocable, non-sublicensable and non-transferable license to display the We The Studios Brand Assets in accordance with these Terms. All use by You of the We The Studios Brand Assets (including any goodwill associated therewith) shall inure to the benefit of We The Studios. You agree that You shall not challenge, or assist others to challenge, the We The Studios Brand Assets or the registration or ownership thereof by We The Studios (except to the extent such restriction is prohibited by applicable law), or attempt to register any We The Studios Brand Assets or other names, logos, marks, or materials (including domain names) that are confusingly similar in any way (including but not limited to, sound, appearance and spelling) to any We The Studios Brand Assets. The We The Studios Brand Assets are provided "as is" and We The Studios disclaims all express and implied warranties, including warranties of noninfringement. We The Studios shall not be liable to You under any theory of liability for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages arising out of the We The Studios Brand Assets or Your use thereof. This limitation shall apply even if We The Studios was advised of, or should have been aware of, the possibility of such damages. Some jurisdictions do not allow certain exclusions or limitations; in such jurisdictions, the exclusions and limitations stated in these Terms shall apply to You to the maximum extent permitted by law. Nothing herein grants You any right, title or interest in or to the We The Studios Brand Assets.

  2. Requirements

      All of Your uses of the We The Studios Brand Assets in any of Your marketing, advertising, content, or other material ("Your Materials") are subject to We The Studios's approval prior to use. Approval for such uses must be submitted via a request for approval on the We The Studios Partner Portal (a "Request for Approval"). We The Studios's silence or failure to respond to requests does not constitute approval, and approval of one of Your Materials does not constitute approval of Your other uses, nor may such approval be transferred to any third party without We The Studios's written consent. To the extent We The Studios does not provide express approval, You shall not use We The Studios Brand Assets. We The Studios's approval of any uses of the We The Studios Brand Assets shall not be construed as approval of Your Materials for compliance with applicable laws, rules or regulations, such being Your sole responsibility.

      If You wish to use a We The Studios Brand Asset in any way not permitted under these terms, please submit a Request for Approval. In Your request, describe how and if Your use of the We The Studios Brand Assets would deviate from these Terms, and why such use should be approved by We The Studios. We The Studios will consider the request, but does not guarantee any particular response time or approval.

      All uses of the We The Studios Brand Assets must conform to the We The Studios Brand Guidelines, located at ______________________________as well as the following requirements, unless You have prior written permission from We The Studios:

    1. No Modification. The We The Studios Brand Assets must be used as provided by We The Studios with no modifications. Do not remove, distort or alter any element of the We The Studios Brand Assets or change any colors. Do not shorten, abbreviate, or create acronyms out of the We The Studios Brand Assets
    2. No Generic Use. Do not use We The Studios Brand Assets in a way that suggests a common, descriptive, or generic meaning.
    3. No Plural or Possessive Use. Do not use the We The Studios Brand Assets in the plural or possessive form.
    4. No Incorporation. Do not incorporate We The Studios Brand Assets into Your own product name, service names, trademarks, logos, company names, domain names, website titles, publication titles, or the like, unless expressly permitted by We The Studios.
    5. No confusingly similar marks. Do not use the We The Studios Brand Assets, including any We The Studios trademark, in a manner that might create confusion about the ownership of the We The Studios Brand Assets.
    6. No confusing source. Do not use the We The Studios Brand Assets, including any We The Studios trademark, in a manner that implies that We The Studios is the source of Your products or service, or that otherwise might create confusion about the source of the We The Studios Brand Assets.
    7. Domain names. Do not register the We The Studios Brand Assets, including any We The Studios trademark, as domain names or as any part of a domain name.
    8. Trade dress. Do not copy or imitate We The Studios's website design, typefaces, distinctive color, style, graphic designs, or imagery.
    9. Endorsement. Do not display the We The Studios Brand Assets in any manner that (i) overstates Your relationship with We The Studios; (ii) implies that You have a relationship or affiliation with We The Studios; (iii) implies You sponsored or endorsed by We The Studios; (iv) implies that any content has been authorized by We The Studios; or (v) represents the views or opinions of We The Studios or We The Studios personnel unless You have prior written permission from We The Studios to do so.
    10. Prominence. Do not display the We The Studios Brand Assets in a manner that makes it the most distinctive or prominent feature on Your web page, printed material, or other content without express written permission from We The Studios to do so.
    11. Violation of Law. Do not display the We The Studios Brand Assets on any website that contains, displays, or promotes pornography or like adult content, or gambling, the sale of tobacco, alcohol, or firearms to persons under twenty-one (21) years of age.
    12. Objectionable Use. Do not display the We The Studios Brand Assets in a manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to We The Studios.
    13. Broadcast. The We The Studios Brand Assets may not be used in television, film, or video without We The Studios's prior written permission. Please submit Request for Approval to use the We The Studios Brand Assets in this manner.
    14. Book or Other Publication Titles. The We The Studios Brand Assets may not be displayed in titles of publications, including books, without We The Studios's prior written permission. Please submit a Request for Approval to use the We The Studios Brand Assets in this manner.
    15. Merchandise. The We The Studios Brand Assets may not be used or displayed in or on merchandise or manufactured items of any kind without We The Studios's prior written permission. Please submit a Request for Approval to use the We The Studios Brand Assets in this manner.
  3. We The Studios's Rights

      We The Studios will interpret Your compliance with these Terms in its sole discretion. We The Studios may modify or terminate Your permission to display or use the We The Studios Brand Assets at any time. We The Studios may take action against any use of the We The Studios Brand Assets that does not comply with these terms or written permission from We The Studios, infringes any We The Studios owned or licensed intellectual property or other right, or violates applicable law.

  4. General Provisions

      You may not assign Your rights or delegate Your obligations under these Terms without We The Studios's prior written consent. These Terms do not create any rights in any third party. These Terms will be governed and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. The venue for any dispute or claim shall be Orange County, Florida. Neither party shall be deemed to be an employee, agent, partner, or legal representative of the other. We The Studios's waiver of breach of any provision of these Terms shall not be deemed to be a waiver of the Terms themselves. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, void, or unenforceable, such provision shall be changed and interpreted so as best to accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

  5. We The Studios Materials License Agreement

      By downloading or otherwise receiving from We The Studios the We The Studios artwork, images, graphics, photographs, clips, video, audio, text, title art, or other content available on the We The Studios Brand Site at _______________________(the "We The Studios Brand Site") (collectively, the "We The Studios Materials"), you ("You") agree to be bound by the following terms and conditions (the "Agreement"). You agree to comply with the We The Studios Brand Asset Terms and Conditions and to the terms set forth on the We The Studios Brand Site. So long as You do so, and provided You are a We The Studios partner, We The Studios, Inc. and its affiliates ("We The Studios") hereby grants to You, a worldwide, non-exclusive, non-transferable, non-assignable, royalty-free, revocable license to use the We The Studios Materials solely as approved by We The Studios for the promotion of We The Studios or its programming, including in Your We The Studios partner promotional materials and co-branded promotional advertising.

      The We The Studios Materials are owned by We The Studios, its affiliated companies or licensors, and are rights protectable as intellectual property or otherwise. The We The Studios Materials, and all uses thereof, shall at all times be and remain the exclusive property of We The Studios or its designee. You shall not use the We The Studios Materials in any manner that is objectionable to We The Studios, at We The Studios's sole discretion. We The Studios reserves the right in its sole discretion to terminate or modify Your permission to use the We The Studios Materials, and take action against any use that does not conform to the terms of this Agreement, infringes any We The Studios intellectual property or other right, or violates applicable law.

      Except as expressly set forth herein, no rights (either by implication, estoppel, or otherwise) are granted to You. Your use of the We The Studios Materials will inure to the benefit of We The Studios. All We The Studios Materials distributed herein are "as is," "as available" and "with all faults" without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, non-infringement of any third party right or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or usage of trade.

      All of Your uses of the We The Studios Materials in any of Your marketing, advertising, content, or other material ("Your Materials") are subject to We The Studios's approval prior to use. Approval for such uses must be submitted via a request for approval on the We The Studios Brand Site (a "Request for Approval"). We The Studios's silence or failure to respond to requests does not constitute approval, and approval of one of Your Materials does not constitute approval of Your other uses, nor may such approval be transferred to any third party without We The Studios's written consent. To the extent We The Studios does not provide express approval, You shall not use We The Studios Materials. We The Studios's approval of any uses of the We The Studios Materials shall not be construed as approval of Your Materials for compliance with applicable laws, rules or regulations, such being Your sole responsibility.

      By downloading the We The Studios Materials, You represent and warrant that You have the power and authority to enter into this Agreement and to perform any obligations hereunder, and that this Agreement shall constitute valid and binding obligations of You enforceable in accordance with its terms.

      You hereby agree to indemnify, hold harmless, and defend We The Studios, its parent, subsidiary, and affiliated companies, and each of their respective members, officers, directors, agents, employees, successors, and assigns from and against any and all claims, demands, losses, suits, actions, judgments, costs, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or in connection with Your use of the We The Studios Materials and/or any breach or alleged breach by You of any of the representations, warranties, and/or agreements made by You hereunder. You hereby acknowledge and agree that Your rights and remedies in connection with this Agreement or otherwise, shall be limited to the right, if any, to seek damages at law, and You shall have no right in any event (and do hereby waive all such rights, if any) to seek to enjoin or restrain the production, marketing, advertising, distribution or exhibition of any productions of We The Studios.

      If any claim is brought by a third party for which a claim of indemnification is or may be provided hereunder, You shall provide prompt written notice to We The Studios. In such instance, We The Studios shall have the right to control the defense and/or settlement of any claim provided that the parties cooperate reasonably with each other in the defense of any claim, including making available (under seal if desired, and if allowed) all records reasonably necessary to the defense of such claim, and You shall have the right to join and participate (through Your own counsel and at Your own expense) actively in We The Studios's defense of the claim.

      The terms of this Agreement, and Your exercise of the rights evidenced hereby, are at all times subject to the terms of this Agreement. In the event of a conflict between the terms of this Agreement and other We The Studios Subscriber Agreement between You and We The Studios ("Subscriber Agreement"), the terms of the Subcriber Agreement shall control, unless the parties agree in writing that they intend this Agreement or any provisions herein to supersede or modify any Partner Agreement or provisions therein.

  6. MEMBERSHIP AND SUBSCRIPTION TERMS AND CONDITION
    1. Your We The Studios membership will continue and automatically renew until terminated. To use the We The Studios service you must have Internet access and a We The Studios ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the subscription fees for the next billing cycle to your Payment Method (see "Cancellation" below).
    2. We may offer a number of subscription plans. In addition, we may give our users the opportunity to watch live or special events (including replays of such content) or to enjoy new additional features. Such content and new features may contain Advertisements independent of your subscription plan.
    3. Some subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. In addition, some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your We The Studios subscription by visiting the We The Studios.com website and clicking on the "Account" link available at the top of the pages under your profile name.
  7. 7. Promotional Offers
    1. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by We The Studios at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent We The Studios membership may not be eligible for certain introductory Offers. We may use information such as Phone number, device ID, method of payment or an account email address used with an existing or recent We The Studios membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
  8. Billing and Cancellation
    1. Billing Cycle. The subscription fee for the We The Studios service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Account" page. The length of your billing cycle will depend on the type of subscription plan that you choose when you signed up for the service. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid subscription began on a day not contained in a given month. Visit the We The Studios.com website and click on the "Billing details" link on the "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of subscription or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. If you signed up for We The Studios using your account with a third party as a Payment Method, you can find the billing information about your We The Studios subscription by visiting your account with the applicable third party.
    2. Payment Methods. To use the We The Studios service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
    3. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
    4. Cancellation. You can cancel your We The Studios membership at any time, and you will continue to have access to the We The Studios service through the end of your billing period. To cancel, go to the "Account" page on our We The Studios.com website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page.
    5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time. We will notify you at least one month before any price changes or changes to your subscription plan will become effective. If you do not wish to accept the price change or change to your subscription plan, you can cancel your membership before the change takes effect.
    6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
  9. Disclaimers of Warranties and Limitations on Liability
    1. THE WE THE STUDIOS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE WE THE STUDIOS SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE THE STUDIOS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WE THE STUDIOS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE THE STUDIOS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, WE THE STUDIOS READY DEVICES, AND WE THE STUDIOS SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE THE STUDIOS, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY LOSS, EXPENSE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. YOU MAY ENCOUNTER THIRD PARTY ADVERTISEMENTS OR OTHER COMMERCIAL CONTENT ON THE WE THE STUDIOS SERVICE. WE THE STUDIOS DOES NOT ENDORSE OR SPONSOR ANY ADVERTISED PRODUCTS OR SERVICES AND TAKES NO RESPONSIBILITY FOR THE PRODUCTS OR SERVICES PROVIDED BY ADVERTISERS. ANY INTERACTIONS WITH ADVERTISERS, INCLUDING THROUGH ENGAGEMENT WITH INTERACTIVE ADVERTISEMENTS, ARE AT YOUR OWN OPTION AND RISK AND YOU AGREE THAT WE THE STUDIOS IS NOT LIABLE FOR ANY DAMAGES THAT YOU MAY INCUR AS A RESULT OF SUCH INTERACTIONS.
    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
  10. Arbitration Agreement
    1. You and We The Studios agree that any dispute, claim or controversy arising out of or relating in any way to the We The Studios service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and We The Studios are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your We The Studios membership.
    2. If you elect to seek arbitration or file a small claim court action, you must first send to We The Studios, by certified mail, a written Notice of your claim ("Notice"). The Notice to We The Studios must be addressed to: General Counsel, We The Studios, Inc., 8815 CONROY WINDERMERE RD PMB 164, ORLANDO, FL 32835 ("Notice Address"). If We The Studios initiates arbitration, it will send a written Notice to the email address used for your We The Studios account. A Notice, whether sent by you or by We The Studios, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If We The Studios and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or We The Studios may commence an arbitration proceeding or file a claim in small claims court.
    3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after We The Studios receives notice at the Notice Address that you have commenced arbitration, We The Studios will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
    4. The arbitration will be governed by the Consumer Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless We The Studios and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
    5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based.
    6. YOU AND WE THE STUDIOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ACCEPTING SERVICE UNDER THIS AGREEMENT YOU ARE WAIVING ALL RIGHTS TO INITIATE AN ACTION IN ANY COURT OF LAW, WAIVE YOUR RIGHT TO A JURY TRIAL AND, IF YOU RESIDE OUTSIDE OF THE UNITED STATES, WAIVE ALL RIGHTS TO PROCEED IN ANY TRIBUNAL OUTSIDE THE UNITED STATES OF AMERICA. Further, unless both you and We The Studios agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

    Access and use of the We The Studios Materials is granted conditioned on Your agreement to the terms set forth herein as if You have signed Your Agreement.

  11. Terms for Receiving SMS Notifications, Marketing Messages, and OTP
    1. By providing your mobile phone number and opting in, you agree to receive SMS notifications, marketing messages, and One-Time Password (OTP) messages from We The Studios LLC. These messages may include, but are not limited to, updates on your account, special offers, promotions, new content alerts, and other marketing information, as well as OTP messages for account security and verification. Message frequency may vary.
    2. Consent to Receive Messages By opting in, you provide your express consent to receive recurring SMS/text messages from We The Studios at the mobile number provided. This includes transactional, promotional, and OTP messages.
    3. One-Time Password (OTP) Messages OTP messages are sent for the purpose of identity verification when logging into your We The Studios account or completing certain transactions. These are one-time messages sent at your request.
    4. Message and Data Rates Message and data rates may apply. These charges depend on your wireless carrier and your current mobile plan.
    5. Opting Out You can opt out of receiving marketing messages at any time by texting STOP to [insert shortcode]. For help, text HELP to [insert shortcode]. Opting out of marketing messages does not affect your receipt of transactional or OTP messages related to your account.
    6. Privacy We value your privacy. Your mobile number will only be used for the SMS program you’ve opted into and will not be shared with third parties for their marketing purposes.
    7. Liability We The Studios is not responsible for delayed or undelivered messages. Factors such as mobile network availability and conditions may affect message delivery.
    8. Changes to Terms We The Studios may modify or terminate these SMS terms at any time. Continued participation in the SMS program constitutes your acceptance of any changes.

    Access and use of the We The Studios Materials is granted conditioned on Your agreement to the terms set forth herein as if You have signed Your Agreement.

Thank you for reading these Terms of Use