Terms & Conditions – Hello Studios – Dallas Podcast Studio

Last updated Jan 29, 2023

TERMS AND CONDITIONS

1. ACCEPTING THESE TERMS

This document, our rules, policies and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and Hello Studios, LLC. This contract sets out your rights and responsibilities when you use our site. Please read them carefully.

2. CHANGES

Hello Studios, LLC may amend the Terms at any time by posting a revised version on our site. The revised version will be effective at the time we post it.

3. ACCESS

You are granted a non-exclusive, limited and revocable license to access the site and use its functionality on the condition that:

(a) You are over the age of 18;

(b) You only use the site for lawful purposes;

(d) You are not breaking any law in your relevant jurisdiction by accessing this site.

4. ACCOUNT

In order to participate in or receive the Services, you will be required to create an account with us (“Account”). Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact us immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. Hello Studios, LLC reserves the right to create accounts for quality control and administrative purposes.

5. COPYRIGHT POLICY

Hello Studios, LLC respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

6. SERVICE

Hello Studios, LLC provides a platform that enables its users to edit and produce their own content, such as podcasts (“Content”). Hello Studios, LLC is not responsible for the content or any Content that is created or aired on or through the Services. You will be solely liable for any damages or losses that occur based on Content.

You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with Hello Studio s and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may only access or use the Services under the direct guidance and supervision of a parent or guardian who has accepted the Agreement on your behalf. If you are under 13 years of age you may not use the Services for any reason. Please contact us if you are aware that a person under 13 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Hello Studios may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

7. HOURLY PAID RECORDINGS

The Hourly Paid Recording section on this webpage shall manage your recording session paid per hour. Hello Studios, LLC is committed to ensuring that our clients get the best experience while using our studio to record their podcasts. These terms outline guidelines that our clients and their guests should comply with to ensure smooth operations. By proceeding to book a recording session, you agree to ALL of these terms. If you don’t agree with any of these terms, please don’t proceed with booking recording sessions.

The recording studio shall ONLY be used for recording and editing podcasts at an extra fee. This will be a one-time recording session. You agree not to use the recording studio for any other purpose.

You will be required to book recording sessions at least 24 hours in advance via our website at https://www.iamhellostudios.com. If you fail to book a recording session, you will not be allowed to access the recording studio. If you are 10 minutes late past the scheduled time, your recording session will be canceled and no refund will be issued.

You are allowed to reschedule or cancel a recording session and ask for a refund at least 24 hours in advance. Rescheduling and cancellation of recording sessions will be done online, email or phone. You should call or email Hello Studios staff if you need a refund. No refund will be issued after a recording session has been completed.

You will be allowed to access the recording studio at any time between 9:00 am to 9:00 pm on weekdays and 9:00 am to 9:00 pm on Saturdays and Sundays. The hours are subject to change at our discretion and shall be updated on our website. You are advised to review the hours on our website from time to time to avoid any inconveniences. The maximum amount of time you will be allowed in the recording studio is 2 hours per day. After a booking is done, the duration of the recording session can be extended for an extra fee.

You agree to use the recording studio for the recording of podcasts and editing using studio equipment at an extra fee.

Hello Studios, LLC will provide remote support via messaging and phone calls during recording sessions. For security purposes, there will be CCTV camera surveillance in the recording studio at ALL times, including during recording sessions.

You and guests above 21 years of age will be allowed to consume alcoholic beverages while in the recording studio. Those who opt to do so are advised to observe discipline and not to be rowdy as to cause a disturbance.

Booking for recording sessions shall be done online via the Studio’s website ONLY. Booking must be completed 24 hours in advance. If booking within 24 hours, reach out to the Studio Staff directly via email or phone, and we will do our best to accommodate your recording. You may be subject to a last-minute recording fee.

You and your guests are advised to sanitize their hands as well as equipment and props in the studio and observe other Covid-19 containment measures before and after recording sessions.

You and your guests are advised to take caution while using equipment, furniture and props in the recording studio. You shall reimburse Hello Studios for any damage caused to equipment, furniture and props during recording sessions. Hello Studios shall determine the amount you will pay in case of damage.

After every recording session, you shall ensure that studio equipment, furniture and props are returned to where they originally were. You will not take any equipment and props from the studio. Any attempt to do so will be interpreted as theft and/or conversion.

Please note that Hello Studios will make every effort to resolve any issues that may arise during your recording or live streaming session. However, in the event that issues cannot be fixed, Hello Studios shall not be held liable for any malfunctions or failures of audio and video equipment during your recording session. Additionally, Hello Studios shall not be held responsible for the preservation or safeguarding of your audio and video files after the recording session has ended. No financial compensation or refund shall be provided in such instances.

In the case of live streaming sessions, Hello Studios shall not be held responsible for any disconnections, quality issues, or malfunctions affecting the video and audio stream. No financial compensation or refund shall be provided in such situations.

You are solely responsible for exporting your audio and video media files, and Hello Studios shall provide this service only upon payment of an additional fee.

Hello Studios shall not be held responsible for any media files that have not been exported by you.

8. MONTHLY MEMBERSHIPS

The Monthly Memberships Section on this webpage shall manage your membership at Hello Studios. These Terms will be applied fully and affect to your Hello Studios membership. By proceeding with your membership purchase, you agree to accept all terms of service written here. You must not proceed with your membership purchase if you disagree with any of these Membership Terms.

All memberships have a minimum commitment of three (3) month from the date of membership purchase. Memberships will thereafter continue to be billed monthly until canceled by phone or email. If a guest would like to cancel their membership, a 30-day notice must be given from the next billing cycle.

Your membership shall begin ONLY upon payment. Hello Studios reserves the right to change the amount for new members at any time. You shall be promptly notified of such changes. If you fail to pay or delay payment, you shall not be allowed into the recording studio.

You will be required to pay a one-time sign-up fee of $50.00.

You agree and consent that Hello Studios, LLC may take and use your photographs for promotions and advertisements. You hereby assign Hello Studios, LLC the irrevocable and unrestricted right to use and publish your photographs for promotions and advertisements in any manner and medium; to alter the same without restriction and to copyright the same without restriction. You release all claims to profits that may arise from the use of such photographs.

The recording studio shall only be used for recording and editing of podcasts ONLY. You shall not conduct any other activities in the recording studio other than recording and editing podcasts.

You will be able to have access to the podcast recording studio from 9:00 am to 9:00 pm on weekdays and 9:00 am to 9:00 pm on Saturdays and Sundays.

The maximum amount of time you will be allowed in the recording studio depends on your membership tier. This is subject to change by the Studio at any time. If you exceed the allowed time, the membership shall be suspended or canceled at the discretion of Hello Studios.

Hello Studios, LLC shall provide you with remote support via messaging and phone calls during the recording sessions.
Booking for recording sessions shall be done online via the Studio’s website ONLY. Booking must be completed 24 hours in advance. If booking within 24 hours, reach out to the Studio Staff directly, and we will do our best to accommodate your recording. You may be subject to a last-minute recording fee.

You and your guest(s) shall be allowed to consume alcoholic beverages in the recording studio ONLY if all of you are above twenty-one (21) years of age.
Before, during and after every recording session, you and any guest(s) present shall sanitize and observe other Covid-19 containment measures while in the recording studio.

After every recording session, you shall ensure that recording studio equipment, furniture and props are returned to where they originally were.
You shall reimburse the Studio for any damage to equipment and furniture that occurs when you are present in the recording studio. Hello Studios shall determine the amount payable.

You are solely responsible for exporting your audio and video media files, and Hello Studios shall provide this service only upon payment of an additional fee.

Hello Studios shall not be held responsible for any media files that have not been exported by you.

9. MISCELLANEOUS

9.1 INDEMNIFICATION

You agree that you will be responsible for your use of the site, and you agree to defend and indemnify Hello Studios from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the site; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party.

9.2 LIMITATIONS OF LIABILITY

In no event will Hello Studios be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the site or any materials or content available through the site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of damage.

9.3 ENTIRE AGREEMENT

This terms and conditions contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.

9.4 GOVERNING LAW

This terms and conditions and any claim, controversy or dispute arising under or related to this terms and conditions shall be governed by and construed in accordance with the internal laws of the state of Texas applicable to terms & conditions made and to be performed in such state without regards to conflicts of law principles thereof.

9.5 SEVERABILITY

In the event any provision of this terms and conditions is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the terms and conditions, and all other provisions shall continue in full force and effect as valid and enforceable.

9.6 WAIVER

The failure by Hello Studios to seek redress for violation of or to insist upon the strict performance of any covenant or conditions of this terms and conditions shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

9.7 DISPUTE RESOLUTION

The parties herein shall initially attempt to resolve all claims, disputes or controversies arising under, out of or in connection with this contract by conducting good faith negotiations amongst themselves. If the parties hereto are unable to resolve the matter following good faith negotiations, the matter shall thereafter be resolved by binding arbitration.

9.8 NOTICE

All notices, requests, demands and other communications under this terms and conditions shall be in writing and shall be deemed to have been duly given (i) if delivered by hand and receipted for by the party to whom said notice or other communication shall have been directed, or (ii) mailed by certified or registered mail with postage prepaid on the 3^rd business day after the date on which it is so mailed:

a). Hello Studios, LLC

Address: 1910 Pacific Avenue Suite 9400, Dallas, TX 75201

b). Your name:

Address:

9.9 NON-SOLICITATION

During the period commencing on the Effective Date and ending one year following the Termination Date, you shall not, without the Hello Studio’s prior written consent, directly or indirectly; (i) solicit or encourage any person to leave the employment or other service of Hello Studios or its Affiliates; or (ii) hire, any person who has left the employment within the one-year period following the termination of that person’s employment with Hello Studios. During the period commencing on the date hereof through and ending one year following the Termination Date, you will not, intentionally interfere with the relationship of Hello Studios with, or endeavor to entice away from Hello Studios, any person who is an employee, client and/or affiliate.

For additional questions, please contact Hello Studios at [email protected]

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