MES Acceptable Use Policy
MES Acceptable Use Policy
This Acceptable Use Policy (AUP) applies to all Offerings and anyone accessing or using any Offering. The purpose of this AUP is to establish the appropriate use of TheStudio C, LLC (The StudioC, StudioC) Offerings, to protect both StudioC, Users of the Offerings, and third parties. Your access to and use of the Offerings may be suspended or terminated in the case of a violation or suspected violation of this AUP. In some cases, violations of this AUP are also subject to possible civil and/or criminal prosecution to the full extent of the law. The terms used in this AUP have the definitions given to them in the Terms of Service (Terms) for the StudioC Services.
Resale Prohibited. The Offerings and any StudioC Content may be used solely for your own internal purposes and benefit. Except as otherwise expressly permitted by us in writing, You may not sell, lease, rent or provide to any other party (i) any StudioC Content or a derivative or modeled set of StudioC software, design or content, or (ii) your own dataset, as enhanced by any StudioC Content. You are strictly prohibited from using an Offering to provide consulting or other services to any other party unless such other party has placed and StudioC has accepted from such other party an Order for such Offering.
Discrimination Prohibited. You may not use any Offering or any of StudioC Content to unlawfully discriminate or suggest a preference for or against people because of a personal characteristic, including race, ethnicity, color, national origin, citizenship, religion, age, sex, sexual orientation, gender identity, family status, marital status, disability, medical or genetic condition, pregnancy, or veteran status. You must use the Offerings and StudioC Content in compliance with all applicable laws prohibiting discrimination. This includes but is not limited to prohibitions on employment discrimination under Title VII, the federal Age Discrimination in Employment Act, the Americans with Disabilities Act, and related state and local anti-discrimination protections.
General Restrictions. As prohibited actions, you shall not use any Offering or any of StudioC Content to:
Create multiple Freemium Accounts;
Interfere with the use of any Offering by any other StudioC customer;
Introduce to any Offering or StudioC or third party system any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Use an Account without the owner’s authorization;
Collect or use email addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
Deliver false, misleading, or deceptive TCP-IP packet header information in an email or posting;
Distribute software that covertly gathers information about a user or covertly transmits information about a user; or
Engage in any conduct that is likely to result in retaliation against any Offering or StudioC or its employees, officers or other agents, or its third party providers, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
When using SMS Offerings, you are prohibited to:
Send messages to recipients without obtaining proper consent or providing method to opt out;
Ignore opt-out requests or fail to honor them within the timeframe required by law;
Send messages during quiet hours in violation of applicable regulations;
Misrepresent your identity or the nature of your messages;
Use the platform for any purpose prohibited by the TCPA or other applicable laws.
When using Email Offerings, you are prohibited to:
Use purchased, rented, or third-party email lists. You must be able to provide evidence of consent for any contact you message through the Email Platform.
Send marketing emails without proper unsubscribe mechanisms; you must comply with all applicable anti-spam laws and regulations, including the CAN-SPAM Act. You are responsible for managing bounces and removing invalid addresses from your lists.
Falsify sender information or routing data;
Attempt to circumvent spam filters or authentication protocols.
Copyrighted Material. You may not use any Offering to download, publish, distribute, or otherwise copy or use in any manner any Content, including any text, music, software, art, image, or other work protected by copyright law unless: (1) you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or (2) you are otherwise permitted by established copyright law to copy the work in that manner.
Intellectual Property Rights. StudioC respects the intellectual property rights of others and expects users of its Offerings to do the same.
You agree not to use the Offerings to infringe upon, violate, or misappropriate any intellectual property rights, including but not limited to copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights of StudioC or any third party
You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Offerings
You acknowledge that all content provided by StudioC as part of the Offerings, including but not limited to software, images, text, graphics, logos, and data compilations, is the property of StudioC or its licensors and is protected by intellectual property laws
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit or otherwise exploit any content provided through the Offerings except as expressly permitted in the Terms of Service
If you believe that your intellectual property rights have been infringed upon by any content accessible through the Offerings, you may submit a notice to StudioC’s designated copyright agent with the following information:
Identification of the intellectual property claimed to have been infringed;
Identification of the allegedly infringing material;
Your contact information;
A statement that you have a good faith belief that the use is not authorized;
A statement, under penalty of perjury, that the information provided is accurate and that you are authorized to act on behalf of the owner of the intellectual property;
StudioC reserves the right to remove any content alleged to be infringing without prior notice and at its sole discretion. StudioC also reserves the right to terminate access to its Offerings for users who are repeat infringers.
Restricted Content. You may not publish, transmit, or store on or via any Offering any Content that StudioC reasonably believes:
Constitutes, depicts, fosters, promotes or relates in any manner to any activity that is harmful, threatening, abusive, harassing, tortuous, vulgar, obscene, pornographic or sexually explicit, or otherwise objectionable;
Promotes hate speech, or incites violence or hatred against any particularized societal group, whether based on race, ethnicity, gender or gender identity, sexual orientation, religion, or other status;
Is violent, incites violence, threatens violence, or contains harassing content or hate speech
Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
Is defamatory, libelous or violates a person’s privacy;
Creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
Improperly exposes trade secrets or other confidential or proprietary information of another person;
Is intended to assist others in defeating technical copyright protections;
Infringes on another person’s copyright, trade or service mark, patent, or other property right;
Involves cannabis products;
Promotes drugs or homeopathic remedies;
Violates export control laws;
Relates to illegal gambling;
Involves or relates to bitcoin or other cryptocurrencies or investment therein;
Relates to firearms, ammunition, or other weapons;
Promotes or relates to credit repair services;
Promotes penny stock or “pump and dump” schemes;
Is otherwise illegal or solicits conduct that is illegal; or
Is otherwise malicious, fraudulent, harassing or threatening.
Direct Marketing Compliance. You are responsible for the content of emails sent through the platform; directly or on your behalf. If You use any Offering or any of StudioC Content to target or deliver messages (whether via email or telephone) for marketing or other commercial purposes, you warrant that you have:
Obtained all rights and authority to send all messages (whether emails, texts or otherwise) to the individuals on your recipient list and to all addresses and numbers, and you have obtained any necessary consents from all participants in accordance with applicable law;
Your marketing will not be sent in violation of any privacy policy under which the recipient emails or phone numbers were gathered;
You will use StudioC Content in compliance with all applicable laws, including those relating to commercial or spam email and mobile messaging, and including the U.S. CAN-SPAM Act, Telephone Consumer Protection Act, and the Canadian CASL;
You will only use StudioC Content to advertise, promote and/or manage a bona fide offer or services;
You will not use false or misleading headers or deceptive subject lines in your messages, and you will ensure that you (or as applicable, the legally designated “Sender” as defined under applicable law) are sufficiently identified in the header of the email or message, and that a legally sufficient address is identified in the footer;
You (or as applicable, the legally designated “Sender” as defined under applicable law) will provide an accessible and unconditional unsubscribe link for inclusion in the footer of every email or message;
You will not send any SMS, emails or other messages to any recipient who has unsubscribed from your subscription list; and
You will operate your marketing program in compliance with all other requirements of applicable law, including any requirements to honor opt-out requests or do not call lists.
International Data Protection. If you collect, process, or store personal data of individuals located in the European Economic Area (EEA), United Kingdom, Switzerland, or other regions with data protection regulations, you acknowledge and agree to:
Comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR);
Provide clear and transparent privacy notices to data subjects regarding your data processing activities;
Obtain and maintain valid legal bases (such as consent, legitimate interest, contractual necessity) for processing personal data;
Implement appropriate technical and organizational measures to protect personal data;
Honor data subject rights requests, including access, rectification, erasure, restriction, portability, and objection to processing;
Promptly report any personal data breaches to StudioC and relevant supervisory authorities as required by law;
Conduct data protection impact assessments when required;
Ensure lawful cross-border transfers of personal data through appropriate safeguards.
Communication and Disclosure Restrictions. All marketing communications that make use of or are based on or in any way derived from StudioC content shall: (1) not include any reference to any selection criteria or the source of the recipient’s information; (2) comply with all applicable federal and state laws, rules and regulations; and (3) comply with all applicable privacy policies, ethical use and practices of the Direct Marketing Association and the code of conduct of the Network Advertising Initiative. You are responsible for the content of emails sent through the platform.
Requests for Communications. Upon StudioC’s request, you will provide StudioC with a copy of any marketing communications that make use of or are based on or in any way derived from any StudioC Content so that StudioC can confirm its compliance with applicable law and your Agreement.
Individual Inquiries. You agree that you are responsible for managing and responding to any communication initiated by an individual arising out of your use of any StudioC Content. You agree to provide in-house removal from future marketing initiatives by any individual requesting such removal.
Artificial Intelligence (AI)/Machine Learning (ML) Model Usage Provisions. When using any artificial intelligence or machine learning features (“AI Features”) provided as part of the Offerings, you agree to:
Use AI Features only for lawful purposes and in compliance with this AUP and the Terms of Service
Not use AI Features to generate, create, or distribute discriminatory, defamatory, fraudulent, or otherwise harmful content
Retain ultimate responsibility for reviewing, validating, and approving any content generated using AI Features before using or distributing such content
Not represent AI-generated content as human-created without appropriate disclosure when required by applicable law
Respect intellectual property rights and not use AI Features to create content that infringes upon third-party rights
Not attempt to manipulate, exploit, or circumvent any limitations or safety measures implemented in the AI Features
Acknowledge that StudioC makes no guarantees regarding the accuracy, reliability, or appropriateness of content generated through AI Features.
Content Moderation. StudioC maintains the right to moderate content on its platforms to ensure a safe and respectful environment for all users. As a user, you acknowledge and agree that:
StudioC may use automated and human review processes to identify and address potential violations of this AUP
StudioC may, at its sole discretion, remove, block, or restrict access to content that violates this AUP or applicable laws
StudioC may temporarily or permanently suspend accounts that repeatedly violate content policies
You are responsible for moderating any user-generated content you facilitate through your use of the Offerings
StudioC is not obligated to actively monitor all content but will respond to reports of violations
You may report violations of this AUP to StudioC through our designated reporting channels
StudioC’s moderation decisions are final, though users may appeal account suspensions through the process outlined in the Terms of Service.
Fair Credit Reporting Act. The StudioC is not a “Consumer Reporting Agency”, as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (FCRA), and our Offerings do not constitute “Consumer Reports” as defined in the FCRA. You will not use or provide any of StudioC Content for any purposes enumerated in the FCRA in lieu of obtaining a Consumer Report. Specifically, you agree not to use the Offerings or use or provide any StudioC Content, or authorize anyone else to use or provide the Offerings or any the StudioC Content, for the following purposes:
In connection with establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family or household purposes, or in connection with assessing risks associated with existing credit obligations of a consumer;
For the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee;
For any tenancy verification or in connection with any application to rent real property;
In connection with a determination of a consumer’s eligibility for a license or other benefit that depends on an applicant’s financial responsibility or status;
As a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation;
In connection with any information, service or product sold or delivered to a “Consumer” (as that term is defined in the FCRA) that constitutes or is derived in substantial part from a Consumer Report;
For the preparation of a Consumer Report or in such a manner that may cause such data to be characterized as a Consumer Report;
For any “Adverse Action” (as that term is defined in the FCRA) against any Consumer, which is based in whole or in part on any Offering or StudioC Content; or
For any other purpose covered under the FCRA.
Authentication. StudioC may implement authentication protocols such as SPF (Sender Policy Framework), DKIM (DomainKeys Identified Mail), and DMARC (Domain-based Message Authentication, Reporting & Conformance) to improve deliverability and security of email communications. These protocols help verify that messages are not forged and come from legitimate senders. You agree to comply with all requirements for these protocols.
Data Security Expectations for Users. Users of the Offerings have a responsibility to implement and maintain appropriate security measures to protect their accounts and any data processed through the Services. You agree to:
Maintain strong, unique passwords for your StudioC account and change them regularly
Keep your authentication credentials confidential and not share them with unauthorized persons
Implement reasonable security controls to protect any data you collect, process, or store using the Offerings
Promptly notify StudioC of any suspected security breaches related to your account or data
Ensure that any data you upload to or process through the Offerings is transmitted using secure methods
Comply with all applicable data protection and security laws, regulations, and industry standards.
Viruses. You agree that StudioC may quarantine or delete any of your Content on any Offering if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt any other Content or any portion of the Offering.
Vulnerability Testing. You may not attempt to probe, scan, penetrate or test the vulnerability of the Offerings, or to breach StudioC’s security or authentication measures, whether by passive or intrusive techniques.
Dispute Resolution. Any disputes related to this AUP will be resolved according to the following process:
You agree to first attempt to resolve any dispute informally by contacting StudioC account representative or customer support
If the dispute cannot be resolved informally, it will be subject to binding arbitration as set forth in the Terms of Service
Any arbitration will be conducted in accordance with the rules of the American Arbitration Association
The arbitration shall take place in Arizona, and shall be conducted in the English language
The arbitration award shall be final and binding on both parties
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights
To the fullest extent permitted by law, you agree to waive any right to pursue claims on a class or consolidated basis
Policy Updates and Notifications. This AUP may be updated from time to time to reflect changes in our Offerings, business practices, or legal requirements. We will handle updates as follows:
StudioC reserves the right to modify this AUP at any time without prior notice;
The updated AUP will be posted on our website with a “Last Updated” date;
For material changes to this AUP, we will make reasonable efforts to notify you via email or through notices on our platform;
Your continued use of any Offering after the effective date of an updated AUP constitutes your acceptance of the updated terms;
If you do not agree with the updated AUP, you must discontinue use of the Offerings;
Previous versions of this AUP will be archived and made available upon request;
Questions about this AUP should be directed to info@thestudioc.org.