Thanks for using one eventful life, LLC (hereafter “NEL” “we,” “us,” or “our”). NEL offers its goods and services through the thestudiobynel website, www.thestudiobynel.com (the “Website”). 

• Acceptance of Terms of Use and Amendments

These Terms of Use (“Terms”) explain the rules for your use of the Website. Please read these Terms carefully, and let us know if you have any questions. 

Each time you use or access the Website, you agree to be bound by these Terms and our Privacy Policy (and any other policies or procedures incorporated in these Terms), as amended from time to time with or without notice to you. In addition, if you are using a particular service on the Website, including services accessed via the Website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Terms. Please read our Privacy Policy, which is incorporated within these Terms by reference.

We may revise and update these Terms from time to time. All changes are effective when posted here, and apply to all access to and use of the Website after they are posted. Your continued use of the Website after the revised Terms are posted means that you accept and agree to the changes. You should check these Terms from time to time to ensure you are aware of any changes. 

• thestudiobynel Website

This Website and the services provided to you on and via our Website are provided on an “AS IS” basis. You agree that NEL reserves the right to modify or discontinue provision of the Website, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. NEL will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

• Permitted Users

To use the Website, you must 

• be able to form a legally binding contract with us; 

• be over the age of 13; 

• reside in the United States, its territories, or possessions; and 

• not have had a previous NEL account disabled by NEL. 

If you do not meet all of these requirements, you may not access or use the Website.

• Your Responsibilities and Registration Obligations

In order to use the Website or certain parts of it, you may be required to register for a user account on the Website. In this case, you agree to provide truthful information when requested, and — if a minimum age is required for eligibility for a user account — you undertake that you are at least the required age. By registering for a user account, you explicitly agree to these Terms, including any amendments made by NEL  that are published herein.

• Privacy Policy

Registration data and other personally identifiable information that may be collected via the Website are subject to the terms of the NEL  Privacy Policy.

We have implemented Google Analytics features based on Display Advertising (Google Analytics Demographics and Interest Reporting). You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings. In addition, you can use the Google Analytics Opt-Out Browser Add-on to disable tracking by Google Analytics. We will use the data provided by Google Analytics Demographics and Interest Reporting to develop the Website and content around our users’ interests.

View the full privacy policy.

• Registration and Password

When you create an account, you will choose or be provided with, a user name, password, or information that you will use to secure your Account (“User Credentials”). You are responsible for maintaining the confidentiality of your User Credentials, and you will be responsible for all usage of your user account and/or user name, whether authorized or not authorized by you. You agree to immediately notify NEL of any unauthorized use of your user account, user name, or password.

• Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video, or other materials (“User Content”), made available publicly or privately, will be under the sole responsibility of the person providing the said User Content, or of the person whose user account is used. You agree that the Website may expose you to User Content that may be objectionable or offensive. NEL will not be responsible to you in any way for content displayed via the Website, nor for any error or omission. All User Content must comply with the Content Standards set out in these Terms. You retain all rights in, and are solely responsible for your User Content, subject to the rights you grant in accordance with these Terms.

By using the Website provided, you explicitly agree that:

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of the Website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national, or international law;

(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c) you will not collect or harvest any information about other users;

(d) you will not provide, and you will not use the Website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use the Website to promote or operate any service or content without NEL's  prior written consent;

(e) you will not provide any content that may give rise to NELs being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

• Submission of Content Through the Website

By providing any User Content:

(a) you agree to grant NEL  a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part of the User Content. Such license will apply with respect to any form, media, or technology already known at the time of provision or developed subsequently;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant NEL the license specified in this section 8;

(c) you acknowledge and agree that NEL will have the right (but not obligation), at NEL's entire discretion, to refuse to publish, or to remove, or to block access to any User Content you provide, at any time and for any reason, with or without notice;

(d) you acknowledge and agree that User Content is non-confidential and non-proprietary;

(e) you acknowledge and agree that all of your User Content does and will comply with these Terms;

(f) you acknowledge and agree that nothing in these Terms restricts other rights NEL may have to User Content; 

(g) you acknowledge and agree that NEL reserves the right to remove, modify, or take any other action with respect to User Content, including changing the way it is used in NEL for any reason, that NEL deems in its sole discretion, including if we believe that such User Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of NEL or the public, or could create liability for NEL; and

(h) you acknowledge and agree that NEL may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Content Standards

These “Content Standards” apply to any and all User Content and use of the Website. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 

• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

• No Responsibility for User Content

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and other users are responsible for any User Content they submit or contribute. NEL is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of Nel’s Website.

While we reserve the right to, we cannot and do not undertake to review material before it is posted on NEL, we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

• Surviving Nature of Content

After termination or deactivation of your NEL account, or if you remove any specific User Content from NEL, we may keep the User Content, and it will remain in NEL for backup, archival, or audit purposes but will not be visible on or accessible through your account. NEL and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have copied, downloaded, posted, shared or otherwise made available in other locations while you had it available on your NEL  account.

• Social Media Features

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. NEL  may provide certain social media features that enable you to (a) link from your own or certain third-party websites to certain content on the Website; (b) send emails or other communications with certain content or links to certain content on the Website; (c) cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (a) establish a link from any website that is not owned by you; (b) cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking; (c) link to any part of the Website other than the homepage of the Website; (d) otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms. We reserve the right to withdraw linking permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.

• Third-Party Services

Goods and services of third parties may be advertised and/or may be made available on or through the Website, including links to third-party websites, services, advertisements, special offers, or other activities that are not owned or controlled by NEL. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by these third parties, including those third parties’ terms of use and privacy policies. NEL does not endorse or assume any responsibility for any such third-party websites, services, advertisements, special offers, products, information, or materials. NEL will not in any manner be liable for or responsible for any of your dealings or interaction with third parties—if you access any third-party website, service, advertisement, special offer, or other content from the Website, you do so at your own risk.

• Feedback

If you provide NEL with feedback, comments, or ideas about features, functionality, improvements, modifications, or other products or services provided by NEL, you agree that we can use them without any restrictions or any compensation to you. By accepting your submitted feedback, comments, or ideas, NEL does not waive any right to use similar or related feedback, comments or ideas previously known or provided to NEL,  or developed by its employees, other users, or other sources.

• Access

You are responsible for both making all arrangements necessary for you to access NEL and for ensuring that all persons who access NEL  through your Internet connection or access credentials are aware of and comply with these Terms.

You acknowledge and agree that NEL may suspend or terminate your right to access or use the Website immediately and without notice if we have reason to believe you have violated these Terms or any of our other policies or applicable law. Upon suspension or termination of your access to the Website, you continue to be bound by these Terms and the policies and procedures incorporated herein by reference until fully performed. 

• Security

NEL uses commercially reasonable safeguards to help keep User Content and accounts secure and requires User Credentials to verify your identity before granting you access to your account. Despite these steps, the security of information transmitted over the Internet can never be fully secured, and NEL cannot ensure the security of any information you transmit or guarantee that information on the Website may not be accessed, disclosed, altered, or destroyed.

• Law Enforcement

You acknowledge and agree that NEL may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, we have and reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND AGREE TO HOLD HARMLESS NEL AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

• Indemnification

You agree to indemnify and hold harmless NEL and NEL's representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, costs, and expenses, that may be filed by any third party, arising out of your conduct or connection with the Website, your provision of User Content, your violation of these Terms, or any other violation by you of the rights of another person or party (including reasonable attorneys’ fees).

• Disclaimer of Warranties & Non-Reliance

You understand and agree that your use of the Website and any provided content is at your own risk. The information presented on or through the Website is made available solely for general information purposes. The Website and content are provided to you “as is,” and NEL expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to NEL or by anyone who may be informed of any of its contents.

NEL makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither NEL nor any participant in the Website provide professional advice of any kind and that any advice or any other information obtained via the Website may be used solely at your own risk, and that NEL will not be held liable in any way.

You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purposes. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO IT.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as it regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

• Opinion

NEL may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by NEL, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of NEL. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

• Limitation of Liability

To the maximum extent permitted by law, you expressly understand and agree that NEL shall not be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NEL has been advised of the possibility of such damages), resulting from (i) the use of the Website or the inability to use the Website, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into through the Website, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using the Website, or (v) any other matter relating to the Website. IN NO EVENT SHALL NELAGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO NEL EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

• Intellectual Property Rights

The Website and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NEL, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use NEL for your personal use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except (a) to temporarily store copies of materials on your computer incidental to your use of the Website; (b) to store files that are automatically cached by your web-browser for display purposes; and (c) to print or download one copy of a reasonable number of pages from the Website for your own personal use (if you have created an account on behalf of an entity, personal use means internal business use only). If we provide social media features with certain content, you may take such actions as are enabled by those social media features. 

You must not (a) modify any materials on the website; (b) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website; (d) use the Website in any way that violates any applicable federal, state, local, or international law or regulation, for the purpose of exploiting, harming, or attempting to exploit or harm minors; for sending, knowingly receiving, uploading, downloading, using or reusing any material that does not comply with our content standards set out in these Terms.

The NEL name, the NEL logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NEL or its affiliates or licensors. You must not use such marks without the prior written permission of NEL. All other names, logos, product and service names, designs, and slogans used on the Website are the trademarks of their respective owners.

• Reservation of Rights

NEL reserves all of NEL rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that NEL may have in respect of the Website, their content, and goods and services that may be provided. The use of NELS rights and property requires NEL prior written consent. By making services available to you, NEL is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of the Website without NEL prior written consent.

All photographs displayed on NELs Website are original works of authorship owned and copyrighted by NEL. Absent express permission of NEL you may not copy, display, reproduce, distribute, use for commercial gain, or otherwise exploit said photographs. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will immediately cease and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to NELor any content on the Website is transferred to you, and all rights not expressly granted are reserved by NEL. Any use of NEL not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

• Notification of Copyright Infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, NEL copyright agent may be contacted via email: info@thestudiobynel.com

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• Changes to the Website

We reserve the right to modify, enhance or otherwise change NEL's services and its offerings at any time in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Website, or all of the Website, to users. While we may update the Website from time to time, its content (particularly User Content) is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such materials.

• Changes to the Terms and Notifications

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time and the most current version will always be posted on the Website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use the Website after revisions become effective, you agree to be bound by these Terms. 

• Geographic Restrictions

NEL is based in the State of MICHIGAN in the United States. We provide the Website for use only by persons located in the United States, and we make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access NEL from outside the United States, you do so on your own initiative and you are responsible for compliance with all local laws and ordinances.

• Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NEL without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. In case of such an assignment by NEL, you are entitled to immediately terminate your relationship with NEL by deactivating your account. NE will provide you with reasonable notice of any such assignment.

• Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Mint Julep shall constitute the entire agreement between you and NEL concerning use of NEL. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

• No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mint Julep’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

• Concerns/Comments

Please direct any feedback, comments, requests for technical support, and other communications relating to NEL to .