PRIVACY POLICY

Effective date: August 1, 2026

1. Who We Are

This policy explains how Media Science Incorporated (“MSInc,” “MSI,” “we,” “us”) and, where applicable, its wholly owned subsidiary MSI (Europe) Limited (“MSI-EU”), collect, use, and protect personal information when you use the StudioCDN or StudioLocker service(s) and related website (the “Service”). MSInc is the data controller for users located in the United States. MSI-EU is the data controller for users located in the European Economic Area (“EEA”) and the United Kingdom (“UK”), consistent with Section 1.2 of the Terms of Service below.

Registered address(es): MSInc, 23025 Ventura Boulevard, Woodland Hills, CA 91364. MSI-EU, C/O Mercer & Hole LLP, The Pinnacle, 170 Midsummer Boulevard, Milton Keynes, UK, MK9 1BP.

2. What Information We Collect

We collect information from you when you fill out a form, register for or order the Service, or otherwise interact with our website. Depending on the context, this may include:

  • Name and e-mail address
  • Billing and payment information (processed by our payment provider)
  • Account credentials
  • Service Data you upload, store, or transmit through the Service
  • Technical data collected via cookies and similar technologies (see Section 5)
    You may browse the public areas of our site anonymously; certain information is required to register for or use the Service.

3. How We Use Your Information

We use the information we collect to:

  • Personalize your experience and better respond to your individual needs
  • Provide, operate, and improve the Service
  • Respond to customer service requests and support needs
  • Send transactional and, where you have consented or it is otherwise permitted, periodic marketing emails
  • Process billing and prevent fraud
  • Comply with our legal obligations

4. Legal Basis for Processing (EEA and UK Users)

Where the GDPR or UK GDPR applies, we rely on the following legal bases to process your personal data:

  • Performance of a contract — to create your account and provide the Service
  • Legitimate interests — to secure our Service, improve our website, and communicate with you about your account (we balance this against your rights and interests)
  • Consent — for optional marketing emails and non-essential cookies, which you may withdraw at any time
  • Legal obligation — where processing is required to comply with the law

5. Cookies

Yes — we use cookies. Cookies are small files that a site or its service providers transfer to your device through your browser, which allow the site to recognize your browser and remember certain information.

We may use cookies to understand and save your preferences for future visits and to compile aggregate data about site traffic and interaction, so we can offer better site experiences and tools. We may contract with third-party service providers to help us understand our visitors; these providers are not permitted to use information collected on our behalf except to help us conduct and improve our business.

EEA/UK users: Where required by the Privacy and Electronic Communications Regulations (PECR) and the ePrivacy Directive, we ask for your opt-in consent before setting any cookies that are not strictly necessary for the Service to function.

All users: you may also control cookies through your browser settings, including choosing to be warned before a cookie is set or to turn cookies off entirely. If you disable cookies, some features of the Service may not function properly, but you may still place orders by contacting customer service.

6. Disclosure of Information to Third Parties

We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties, except:

  • To trusted third parties (service providers/processors) who assist us in operating our website, conducting our business, or servicing you, and who agree to keep this information confidential
  • When we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety
  • Where you have given consent

Non-personally identifiable, aggregated visitor information may be provided to other parties for marketing, advertising, or other uses.

7. International Data Transfers

Where we transfer personal data out of the EEA or UK, we do so on the basis of one or more of the following safeguards:

  • MSInc intends to self-certify under the EU–US Data Privacy Framework (DPF) and its UK Extension; until that certification is complete and MSInc appears on the official Data Privacy Framework List, we do not rely on the DPF as a transfer safeguard
  • Standard Contractual Clauses (SCCs) approved by the European Commission and, for UK transfers, the UK International Data Transfer Addendum, entered into with recipients outside the EEA/UK
  • Other adequacy decisions or lawful transfer mechanisms where applicable

You may request a copy of the relevant safeguard by contacting us at support@studiocdn.com.

8. Data Retention

We retain personal data for as long as necessary to provide the Service, comply with our legal obligations, resolve disputes, and enforce our agreements.

9. Your Data Protection Rights (EEA and UK Users)

If the GDPR or UK GDPR applies to you, you have the right to:

  • Access the personal data we hold about you
  • Rectify inaccurate or incomplete personal data
  • Erase your personal data in certain circumstances
  • Restrict or object to our processing of your personal data
  • Receive your personal data in a portable format
  • Withdraw consent at any time, where processing is based on consent
  • Lodge a complaint with your local supervisory authority — in the UK, the Information Commissioner’s Office (ico.org.uk); in the EEA, your national data protection authority

To exercise any of these rights, contact us at support@studiocdn.com. Our EU/UK representative (if appointed under Article 27 GDPR / UK GDPR) is MSI-EU.

10. Your California Privacy Rights (CCPA/CPRA)

If you are a California resident, in addition to the rights above you have the right to:

  • Know what personal information we collect, use, disclose, and (if applicable) sell or share, and to request the specific pieces of personal information collected
  • Delete personal information we have collected from you, subject to certain exceptions
  • Correct inaccurate personal information
  • Opt out of the sale or sharing of your personal information. We do not sell personal information for money; to our knowledge we do not “share” personal information for cross-context behavioral advertising, but see our cookie controls above if that changes
  • Limit the use of sensitive personal information, where applicable
  • Not be discriminated against for exercising these rights

To submit a request, contact us at support@studiocdn.com. We will verify your request before responding, consistent with CCPA/CPRA requirements.

11. Children’s Privacy

Our Service is directed to individuals who are 18 years of age or older (see Section 1.1 of the Terms of Service). We do not knowingly collect personal information from children under 13 (US, COPPA) or under 13/16 as applicable under GDPR/UK GDPR in your country of residence. If we learn we have collected personal information from a child in violation of applicable law, we will delete that information.

12. Data Security

We use commercially reasonable technical and organizational measures to protect personal information (e.g., encryption in transit and access controls). However, as no method of transmission or storage is 100% secure, we cannot guarantee absolute security.

13. Scope

This privacy policy applies only to information collected through our website and Service, and not to information collected offline.

14. Your Consent

By using our site, you consent to this privacy policy. Where consent is the legal basis for processing under GDPR/UK GDPR (e.g., marketing emails, non-essential cookies), we will obtain that consent separately and you may withdraw it at any time.

15. Changes to This Privacy Policy

If we change this privacy policy, we will post the changes on this page or another page clearly identified on our site, and update the effective date above. Material changes affecting EEA/UK users’ rights will be notified in accordance with Section 5.1 of the Terms of Service.

16. Contact Us

Media Science Incorporated — www.studiocdn.com / www.studiolocker.io / www.mediascienceinternational.com
Privacy inquiries: support@studiocdn.com

BILLING, INVOICING, AND CANCELLATIONS

Current as of: August 1, 2026

These terms of service are subject to change at any time; changes will be communicated in accordance with Section 5.1 below. Check back periodically for the latest terms and conditions.

Billing / Invoicing

Services are billed on a monthly recurring, subscription basis, unless otherwise stated. Premium services such as Watermarking, Web-Crawling, Additional User/Provisioning, and Data Overages are subject to additional charges.

Current Rate of Premium Services:

  • Watermarking: $0.27 per asset, per recipient
  • Data: $0.005 per megabyte, per recipient
  • Web-Crawler: price dependent on number of tracks and frequency of scans
  • Single User: $15.00 per user, per month, minimum initial term of 6 months

Invoices are generated and made available for review approximately every 30 days from the date of signup; cards on file will be automatically billed no later than 10 days following the date of invoice.

Cancellation

Services may be cancelled effective at the end of Your then-current monthly billing period; cancellation does not take effect, and no credit is given, for a partial month. Single User subscriptions carry a minimum initial term of 6 months, during which they may not be cancelled, except as set out below for EEA/UK consumers. Clients wishing to cancel their service should contact Media Science Incorporated by email at support@studiocdn.com.

EEA/UK consumers: if you are a consumer located in the EEA or UK, you also have a statutory right to withdraw from your subscription within 14 days of entering into it, without giving any reason, under the EU Consumer Rights Directive and/or the UK Consumer Contracts Regulations 2013, regardless of the monthly billing period or minimum term described above. See “Right of Withdrawal (EEA/UK Consumers)” in the Terms below for how to exercise this right; nothing in this policy or the Terms limits that statutory right.

Refunds

If you cancel service, you will be invoiced and charged through the end of the monthly billing period in which your cancellation takes effect, and, if applicable, through the end of the 6-month minimum initial term for Single User subscriptions. If your account carries a negative balance at the time of cancellation, all monies owed to Media Science Incorporated will be invoiced and collected no later than 10 days following the final invoice. This does not affect any statutory refund entitlement of EEA/UK consumers exercising the right of withdrawal described above.

TERMS & CONDITIONS OF USE 

Media Science Incorporated, StudioCDN and StudioLocker Services

IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN PURCHASING OR ACCESSING THE LISTED SERVICES AND/OR SOFTWARE FROM MEDIA SCIENCE INCORPORATED (“MSINC”) OR ITS WHOLLY OWNED SUBSIDIARY, MSI (EUROPE) LIMITED (“MSI-EU”), AS APPLICABLE (MSINC and MSI-EU, TOGETHER “MSI”). These terms and conditions (“Terms”) govern the use and licensing by MSI of the StudioCDN and/or StudioLocker service(s) along with their related software, including the MSI Portal (altogether the “Services,” and each a “Service”). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING “SUBMIT” OR “ACCEPT,” USING ANY OF THE SERVICES, OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU AND ANY PARTY OR ENTITY ON WHOSE BEHALF YOU ARE USING/PURCHASING THE SERVICE (TOGETHER, “YOU” OR “YOUR”) REPRESENT AND WARRANT THAT: (i) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE AND/OR SOFTWARE; AND (ii) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS BELOW), TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS, SUCH AS ANY TERMS ON A PURCHASE ORDER YOU MAY PROVIDE, WHICH ARE HEREBY NULL AND VOID. IF YOU ARE A CONSUMER LOCATED IN THE EEA OR UK, NOTHING IN THESE TERMS LIMITS ANY STATUTORY RIGHT THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT UNDER THE LAWS OF YOUR COUNTRY OF RESIDENCE. YOU UNDERSTAND AND AGREE THAT WHEN ORDERING OR ACCESSING MSI’S SERVICES FROM COUNTRIES OUTSIDE OF THE UNITED STATES YOU ARE ENTERING INTO A BINDING CONTRACT WITH MSI-EU, NOT MSINC, AND MSI-EU SHALL SERVE AS THE SELLER OF RECORD TO YOU. REFERENCES TO “MSI” RELATED TO (i) SALES TO CUSTOMERS OUTSIDE THE UNITED STATES OR (ii) REPORTING/PAYMENT OBLIGATIONS IN CONNECTION THEREWITH SHALL BE READ AS REFERENCES TO MSI-EU.

1. Use of Data

1.1. Account Data. 

To use the Services, You must complete and submit the “Registration Form.” As part of this registration process, You agree to: (i) provide certain limited information about Yourself as requested during registration or thereafter by the Service (current, complete and accurate), and (ii) maintain and update this information as required to keep it current, complete and accurate. MSI may have limited access to data stored, created, shared, or displayed through the Service, used solely to deliver the Service. MSI’s Privacy Policy above describes how information collected may be used and disclosed. You may not register for any Service if You are under 18 years of age. By registering, You represent that You are 18 years of age or older. If MSI discovers Your Account Data is inaccurate, incomplete, or not current, or determines in its sole discretion that You are not an appropriate subscriber or user, MSI may immediately terminate Your right to access, receive, use and license the Service and its related software.

1.2. Personally Identifiable Information. 

When using certain Services, it may be possible for You to exchange limited personally identifiable information (“PII”) with MSI. Your assent to these Terms constitutes an express understanding and agreement that when PII is provided to MSI in connection with the Services, such PII may be maintained and/or processed in the United States and other territories where MSI’s Services, software, and website are provided via equipment and other resources. Where such PII originates in the EEA or UK, MSI relies on the international transfer safeguards described in Section 7 of the Privacy Policy above (including, where applicable, participation in the EU–US Data Privacy Framework and its UK Extension, and Standard Contractual Clauses / the UK International Data Transfer Addendum).

1.3. Service Data.

When using the MSI Services You may view, collect, transmit, store, and/or share certain data, information, files, etc. (altogether “Service Data”). MSI does not own any Service Data and specifically disclaims responsibility for any Service Data that You or any other user collects, posts, or produces while using the Service. These Terms do not grant MSI any ownership rights to Service Data, and MSI agrees not to access or use any Service Data for any purpose other than as necessary to provide the Service to You. MSI does not select, screen, review, test, confirm, approve, or verify the accuracy of any Service Data. You are solely responsible for any and all Service Data that You produce, transmit, and/or store in the Service. To the extent Your Service Data contains third-party information, files, or data, it is solely Your responsibility to properly notify or obtain any applicable third-party consent.

2. Grant of Rights

2.1. License. 

MSI grants You a royalty-free, nonexclusive, worldwide, nontransferable right and license to access, use, execute, and deploy the Service and its related software for the applicable subscription term, subject to the restrictions in these Terms. The Service is owned and operated by MSI and provided on a subscription basis; MSI is not transferring ownership or title to the Service to You.

2.1.1. The Service is made available for download solely for use by You and only according to these Terms. Any reproduction, resale, or redistribution not in accordance with these Terms is expressly prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The license granted may not be transferred by You to any third party and is non-exclusive.

2.1.2. You acknowledge that the Services and their related software are proprietary to MSI and/or its suppliers and are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You may not remove any proprietary notices or labels. You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce any Service to human-readable form, or reproduce, distribute, or create derivative works based on the Services without MSI’s express written authorization. You may not rent, lease, grant a security interest in, or otherwise transfer any rights to the Services. All rights not expressly granted are reserved to MSI and its suppliers.

2.1.3. The license entitles You to receive any standard updates and support MSI generally provides to all users. MSI reserves the right to charge fees for future versions or premium upgrades. MSI may update or modify the Services at any time without obligation to inform You. Unless MSI provides updates or modifications to all users, these Terms grant You no right to premium support, maintenance, improvements, modifications, enhancements, or upgrades. Any updates or upgrades MSI supplies will be subject to these Terms, unless MSI indicates otherwise.

2.1.4. ANY AND ALL CONTENT ON THE WEBSITES, SOFTWARE, AND COMPUTER PROGRAMS ASSOCIATED WITH THE SERVICES ARE PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM MSI. YOU MAY NOT MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT, OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON SUCH WEBSITES, SOFTWARE, AND COMPUTER PROGRAMS FOR ANY PUBLIC OR COMMERCIAL PURPOSE

2.2. End User Conduct. 

You are solely responsible for the content of Your computer(s) and Your MSI account and any transmissions made when using the Services. Your use of the Services is subject to these Terms and all applicable laws, rules, and regulations, including local, state, national, and international laws (including privacy, account collection, export control, consumer protection, unfair competition, anti-discrimination, and false advertising laws). You agree: (i) to comply with all applicable laws and regulations; (ii) not to use the Service to post, distribute, or transmit any software or files containing a virus, trojan horse, worm, or other harmful component; (iii) not to use the Service for any illegal purposes; (iv) not to delete legal, disclaimer, or proprietary notices, or modify logos You do not own or have permission to modify; (v) not to interfere with or disrupt any networks connected to the Service; (vi) not to infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary or privacy rights; and (vii) not to distribute unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive, or otherwise objectionable material. You shall not access or use someone else’s StudioCDN or StudioLocker account without the account holder’s permission. You are responsible for the actions and inactions of Your employees, consultants, or any other third party You allow to access Your MSI account, and You agree to use commercially reasonable efforts to monitor such third-party users. MSI reserves the right to disable Your account or take other action it deems necessary if it has reason to believe Your conduct has violated this Section 2.2.

2.3. Account Passwords & Security. 

Certain Services require You to use an email address to create a username and password for Your StudioCDN and StudioLocker account (MSI recommends a password different from Your computer’s password). MSI does not send emails asking for a user’s username, password, or any other credentials. Keep all usernames and passwords confidential. Access to password-protected or secure aspects of the Services is restricted to authorized users only; unauthorized use may be subject to prosecution. You agree to carefully safeguard all passwords. MSI does not maintain a database of user passwords, so You are solely responsible for maintaining their confidentiality, and for all activity under Your account. MSI is not liable for loss You incur from another’s use of Your password or account, with or without Your knowledge; however, You may be held liable for losses incurred by MSI or another party due to such use. Notify MSI immediately of any unauthorized use of Your account or suspected security breach.

2.4. Collaboration Disclaimer. 

MSI is not responsible for images, sounds, or other content You may view or experience while viewing a StudioCDN or StudioLocker landing page or included files. MSI has no obligation to monitor information stored on or shared through the Services and is not responsible for the accuracy, appropriateness, or legality of files, posts, links, or other information You may share or access while using the Services.

3.  Payment Terms, Fees and Renewals

3.1. Accepted Methods of Payment:

3.1.1. Payment of Month-to-Month Subscriptions. Where Your subscription is monthly, payment must be by preauthorized credit card charge, PayPal® charge, or direct debit only, and Your subscription will automatically renew each calendar month unless You provide MSI with written notice of non-renewal during the prior calendar month. You will automatically be charged the applicable monthly subscription fee for each month or partial month Your subscription is in effect.

3.1.2.1. Annual Subscriptions by Credit Card. Where Your annual subscription’s initial payment is by credit card, PayPal® charge, or direct debit, it will automatically renew at each subsequent anniversary unless You give MSI prior written notice of non-renewal at least 30 days before expiration.

3.1.2.2. Annual Subscriptions by Invoice. Where the initial payment is by check or bank draft against an invoice, payment is due within 30 days of the invoice date. The subscription will automatically renew at each anniversary unless You or MSI give prior written notice of non-renewal at least 30 days before expiration.

3.1.3. Free Subscriptions. Subscriptions to MSI’s free Services do not require a subscription fee. MSI reserves the right, in its sole discretion, to restrict, limit, or terminate use of “free” or “basic” Services by any individual, entity, or group of entities, without notice.

3.2. Cancellations. 

Except as set out below, You may not cancel, terminate, or rescind a subscription before the end of the then-current monthly billing period, or, where a minimum initial term applies (for example, the 6-month minimum term for Single User subscriptions), before the end of that minimum initial term, and payments to MSI for access to the Services are final.

Right of Withdrawal (EEA/UK Consumers). If You are a consumer resident in the EEA or UK, You have a statutory right to withdraw from Your subscription within 14 days of the date You entered into it, without giving any reason, in accordance with the EU Consumer Rights Directive (2011/83/EU) and/or the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regardless of the monthly billing period or minimum initial term described above. To exercise this right, notify MSI at support@studiocdn.com within the 14- day period. If You expressly requested that the Service begin before the withdrawal period expired and later withdraw, You may be required to pay for the Service supplied up until You communicated Your withdrawal, in proportion to what has been supplied compared to the full contract. This right of withdrawal does not affect any other cancellation right described in the Billing, Invoicing, and Cancellations section above.

3.3. Credit Card Authorization. 

If You cancel the credit card provided to MSI, or it expires or is otherwise terminated, You must immediately provide MSI with a new valid credit card number. You authorize MSI to periodically verify that the credit card number provided is valid. If You do not provide a current valid credit card number with sufficient credit upon request, You will be in violation of these Terms. You authorize MSI to automatically update Your credit card information using software designed for that purpose.

3.4. Payment Due. 

Unless otherwise provided herein, all fees are due and payable to MSI without demand, invoicing, or notice before the commencement of the subscription period to which those fees apply.

3.5. Taxes. 

You agree to be responsible for and pay any applicable sales, personal property, use, VAT, excise, withholding, or other taxes imposed based on this license or the use or possession of a Service, excluding taxes based on MSI’s net income. If You are exempt from paying such taxes, You must provide MSI with appropriate evidence of tax exemption for all relevant jurisdictions.

3.6. Promotional Offers. 

Promotions and other special discounted pricing offers are temporary; upon renewal of Your subscription, such offers may expire. MSI reserves the right to discontinue or modify any promotional offer at its sole discretion.

4. Legal Terms

4.1. Disclaimer of Warranties. 

Although MSI has attempted to provide accurate information regarding the Service, MSI assumes no responsibility for the accuracy or inaccuracy of any information provided. Mention of non-MSI products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Your use of the Services is at Your own risk. ALL INFORMATION, DOCUMENTATION, AND SERVICES PROVIDED BY MSI ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MSI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE. MSI DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, NOR AS TO THE RESULTS OBTAINED FROM USE OF THE SERVICE. YOU UNDERSTAND THAT MATERIAL AND/OR DATA DOWNLOADED OR OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE OR DATA LOSS.

EEA/UK consumers: nothing in this Section 4.1 excludes or limits MSI’s liability for statutory guarantees or implied terms that cannot be excluded under the laws of Your country of residence (for example, that the Service will be provided with reasonable care and skill).

4.2. Limitations of Damages and Liability.

4.2.1. YOU AGREE THAT THE CONSIDERATION MSI IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY MSI OF THE RISK OF YOUR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER INDIRECT DAMAGES. MSI AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOST PROFITS OR REVENUES, COST OF REPLACEMENT PRODUCTS OR SERVICES, OR LOSS OR DAMAGE TO INFORMATION OR DATA, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MSI BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE SERVICE, EVEN IF MSI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE NOT TO ASSERT ANY SUCH CLAIM AGAINST MSI, ITS SUBSIDIARIES OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES.

4.2.2. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL MSI’S TOTAL LIABILITY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO MSI, IF ANY, FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. WHERE APPLICABLE LAW LIMITS THE EXCLUSION OF IMPLIED WARRANTIES OR THE ABOVE LIMITATIONS, THE MAXIMUM EXCLUSION ALLOWED UNDER APPLICABLE LAW SHALL APPLY.

Nothing in this Section 4.2 excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law, including the laws of the EEA or UK where those laws apply to You.

4.2.3. ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIALITY COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION, OR RESCISSION OF THESE TERMS.

4.3. Indemnification. 

You are responsible for maintaining the confidentiality of Your account and password(s) and for all activities occurring under Your account. You agree to indemnify, defend, and hold MSI and its affiliates, employees, officers, directors, owners, information providers, agents, licensees, and licensors (the “Indemnified Parties”) harmless from and against any liabilities, claims, and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any third-party demand, claim, action, suit, or loss arising from: (a) any breach by You of these Terms or claims arising from Your account; (b) any fraud or manipulation by You; (c) a third-party claim of infringement based on information, data, files, or other content You submitted; or (d) any claims of credit card fraud based on information You released. You agree to use best efforts to cooperate with MSI in defending any such matter. MSI reserves the right to assume the exclusive defense of any matter subject to indemnification by You at MSI’s own expense.

4.4. Right to Terminate. 

MSI may, in its sole discretion, immediately terminate Your subscription, license, and right to use the Service if: (i) You fail to make timely payments, declare bankruptcy, are involved in bankruptcy proceedings, or are otherwise insolvent; (ii) You breach these Terms; (iii) MSI is unable to verify or authenticate any information You provide; or (iv) MSI decides, in its sole discretion, to discontinue offering the Service to its users. MSI shall not be liable to You or any third party for termination of the Service or Your use of it. Upon expiration or termination, You will no longer be authorized to use the Service, and Your access to data or material stored in connection with the Service will end and may be deleted by MSI. All disclaimers, limitations of warranties and damages, and confidentiality commitments in these Terms survive any termination, expiration, or rescission.

4.5. Title. 

Title, ownership rights, and intellectual property rights in the Service remain with MSI or its suppliers. The Service is protected by copyright and other intellectual property laws and international treaties. Title and related rights in content accessed through the Service belong to the applicable content owner. The licenses granted under these Terms give You no rights to such content. “StudioCDN” or “StudioLocker,” associated logos, and other names, logos, icons, and marks identifying MSI’s Services are trademarks or service marks of MSI (“Trademarks”) and may not be used without MSI’s prior written permission. All other product names mentioned are used for identification purposes only and may be trademarks of their respective holders. Nothing in these Terms grants, by implication, estoppel, or otherwise, any license or right to use any Trademark without written permission from MSI or the relevant owner.

4.6. Feedback. 

MSI shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Services any suggestions, ideas, enhancement requests, recommendations, or other information You provide relating to the operation of the Service (“Feedback”).

4.7. Confidentiality. 

You shall maintain the confidentiality of information that has been, and will continue to be, provided to You by MSI in connection with Your use of the Service, and specifically agree to the following:

4.7.1. Obligations. You shall (a) maintain in confidence all such information, including the Service and its related software; (b) not disclose it to anyone except Your employees, agents, and consultants on a need-to-know basis who have been informed of and acknowledge these obligations; and (c) not use MSI’s confidential information for any purpose other than that for which it was disclosed. All confidential information remains the sole property of MSI, and You have no right, title, or interest in it.

4.7.2. Confidential Information. Confidential information includes, without limitation, information relating to: (a) technical matters such as trade secret processes, know-how, data, formulas, inventions, specifications and characteristics of products or services planned or being developed, and research subjects, methods, and results; (b) business matters such as costs, profits, pricing, policies, markets, sales, suppliers, customers, product plans, and business concepts, plans, or strategies; (c) other information of a similar nature not generally disclosed to the public, or that You should reasonably believe to be confidential; (d) information concerning Your use of the Service; and (e) the Service itself and its associated software.

4.7.3. Exclusions. These obligations do not apply to information that: (a) You can prove was rightfully received from a third party without restriction; (b) is or becomes generally publicly available through no wrongful act of You or any other person or entity with a confidentiality obligation; (c) was already known to You before disclosure, as evidenced by dated documentation; (d) is approved for release in writing by an authorized MSI representative; or (e) is required to be disclosed pursuant to a valid court order, subpoena, or governmental authority (provided You give MSI prompt written notice and an opportunity to contest the disclosure).

4.7.4. Remedies. The remedy at law for breach of these confidentiality obligations may be inadequate; MSI shall, in addition to all other available remedies, be entitled to equitable relief in the form of preliminary and permanent injunctions, without the necessity of proving damages, and may recover costs, including reasonable attorneys’ fees, to enforce its rights.

4.7.5. Return of Confidential Information. Upon MSI’s written request, You shall return or certify destruction of all information disclosed under these Confidentiality Terms and any related memoranda, diagrams, or documents.

4.7.6. Enforceability. If any provision of these Confidentiality Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall not be affected.

4.7.7. Application. These Confidentiality Terms control in lieu of and notwithstanding any proprietary or restrictive legends inconsistent with them that may be associated with information disclosed hereunder.

4.7.8. Surviving Obligations. These confidentiality obligations survive any termination, expiration, or rescission of these Terms or Your subscription term, and continue beyond any period during which You used the Service.

4.8. Disclaimer of High Risk Activities. 

The Services are not fault-tolerant and are not designed, manufactured, or intended for use or resale as or with online control equipment in hazardous environments requiring fail-safe performance, including equipment used to operate nuclear facilities, aircraft navigation or communication systems or air traffic control, direct life support machines, or weapon systems, where failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). MSI and its suppliers specifically disclaim any express or implied warranty of fitness for such High Risk Activities.

4.9. Compliance with Export Laws & Regulations. 

The Services and related software are subject to United States Export Administration Regulations and applicable UK and EU export control laws. No software or Service may be downloaded, used, or exported (i) into, or to a national or resident of, any country to which the United States, United Kingdom, or European Union has embargoed goods; or (ii) any person or entity on the applicable US, UK, or EU restricted, denied, or sanctioned parties lists. By subscribing to or using the Service, You represent and warrant that You are not, and are not owned or controlled by, any such person or entity, and are not a national or resident of any such country.

4.10. Force Majeure.

No party shall be liable for any performance failure, delay in performance, or lost data under these Terms (other than for delay in payment of money due and payable) to the extent caused by: (i) failures of software or other computer programming (other than the Service purchased hereunder); (ii) natural weather events; or (iii) other causes beyond that party’s reasonable control and occurring without its fault or negligence, including failure of suppliers, subcontractors, and carriers; provided that the affected party gives the other prompt written notice, with full details, following the occurrence of the cause relied upon.

5. Miscellaneous

5.1. Entire Agreement. 

These Terms represent the complete agreement concerning the license granted hereunder and Your use of the Services. MSI may amend these Terms at any time by sending information regarding the amendment to the email address You have provided. Continuing to use the Service after amended terms have been sent manifests Your intent to accept them. If You do not agree, You must notify MSI during the 30-day period after the amended terms are posted; at the end of that period, these Terms shall be deemed terminated unless MSI agrees to waive the amendment as to You.

5.2. Governing Law & Venue. 

These Terms shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Los Angeles, California, and You consent and submit to the personal jurisdiction of such courts. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms.

EEA/UK consumers: if You are a consumer habitually resident in the EEA or UK, this choice of governing law and venue does not deprive You of the protection afforded by mandatory provisions of the law of Your country of residence that cannot be derogated from by agreement, and does not deprive You of Your right to bring proceedings in the courts of Your own country.

5.3.   Severability. 

If any provision of these Terms is unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

5.4. No Exclusivity. 

You acknowledge and agree that MSI is in the business of providing technologies and services to support secure, streamlined digital delivery of high-value media files, including watermarking and other solutions, and that MSI may provide such services to third parties, including any of Your competitors, which are the same as or similar to the Services provided to You hereunder.

5.5. Assigment. 

These Terms shall be binding upon and inure to the benefit of the parties and their permitted assigns. Neither party may assign this Agreement, assign its rights, or delegate its duties hereunder (whether directly or indirectly, in whole or in part, by operation of law or otherwise) without the prior written consent of the other party, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, MSI may assign this Agreement without Your prior written consent in connection with a merger, acquisition, change of control, or sale of substantially all of its assets (or any substantially similar transaction). MSI may also assign all or any part of the performance of this Agreement to an Affiliate Entity without Your prior written consent. “Affiliate Entity” means any entity that now or in the future controls, is controlled by, or is under common control with MSI.

5.6. Notices. 

Notices by MSI to You may be sent to the email address You provide on the Registration Form or otherwise by any means MSI determines, in its sole discretion, as likely to come to Your attention. All notices sent by You to MSI in connection with these Terms shall be in writing and sent by first class mail or certified mail (receipt deemed 72 hours after postage, return receipt requested) or personally delivered at MSI’s address set forth herein, with a copy emailed to support@studiocdn.com.

5.7. Waiver. 

You agree not to bring or participate in any class action lawsuit against MSI or any of its employees or affiliates, to the extent permitted by applicable law. You agree not to bring a claim under these Terms more than two years after the expiration of these Terms, except where a longer period is required by applicable law. MSI’s failure to partially or fully exercise any right shall not prevent its subsequent exercise. MSI’s waiver of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term. No remedy available to MSI under these Terms is intended to be exclusive of any other remedy, and each remedy shall be cumulative and in addition to every other remedy available at law or in equity.

EEA/UK consumers: the class action waiver in this Section 5.7 does not apply to the extent it would be void or unenforceable under the laws of Your country of residence, including any right You may have to participate in collective consumer redress mechanisms.

5.8. Addendum. 

Special characters and emojis may be removed from StudioCDN or StudioLocker packages during the delivery process; users acknowledge this may affect readability.

CONTACTING US

If you have questions regarding this privacy policy or these terms, please contact us using the details below.

Media Science Inc.