Effective Date: June 2025
 
The Terms and Conditions (the “Terms”) is between You, the user, and The Westcore Studio LLC, (“Westcore Studio”, “Our” or “We” interchangeably).
 
1. DESCRIPTION OF SERVICES: The Westcore Studio digital brand includes a website, social media platforms, mobile applications, and other platforms (the “Sites”) operated by Westcore Studio. The Terms are applicable to all users of Westcore Studio through its website  (“Website”) and its related “Services”. These Terms govern your use of the Westcore Studio Sites, Services and Website. Westcore Studio reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.
 
2. ACCEPTANCE OF TERMS:  The Services are made available for a limited, personal, non-exclusive, non-commercial use only. The Sites are offered to You conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices.
 
Westcore Studio has the right, at its sole discretion, to modify, add, or remove any terms or conditions without notice or liability to you. Any changes shall be effective immediately; You may see the most recent changes and version of this Agreement as noted by the date at the top. You agree to review these changes from time to time and agree that any subsequent use by you of the Sites and Services following the changes shall constitute your acceptance of such change.
 
3.  USE OF THE PRODUCTS AND SERVICES: The Sites are not directed at children under eighteen years of age. By providing information about yourself to Westcore Studio You are representing that You are eighteen years of age or older OR have a parent/guardian’s approval and supervision if You are 13-18 years old, and that You, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
 
You agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current, and complete.
 
If You provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Westcore Studio reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
 
Notwithstanding the foregoing, You agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation, including those described in the below Personal Responsibility, Disclaimer & Release of Claims. You agree that by participating in a Service, You do so entirely at your own risk.

4. USER INFORMATION: You are solely responsible for the information you input or upload to the Sites and Services and represent and warrant that you have the right and authorization to register for the Sites and Services, and that the information provided is current and accurate. Westcore Studio reserves the right in its sole discretion to decide whether the information you input, or upload is appropriate and complies with the terms of this Agreement, other Westcore Studio policies, and applicable laws and regulations.

5. THIRD-PARTY WEBSITES: The Website contains links to other third-party websites, as Services are provided through various brand partnerships (the “Linked Sites”). The Linked Sites are not under the control of Westcore Studio, and accordingly, Westcore Studio is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  The Sites and Services are hosted on various servers and platforms, and through various brand partnerships, which are responsible for all login/account information and payment transactions, if applicable. In the event of technical issues with your account on a specific third-party website for a transaction with a third-party, Westcore Studio refers You to their support. Westcore Studio does not have access to your account details or any details held on a website not their own. 
 
6. USER CONDUCT: As a condition of your use of the Sites, you warrant to Westcore Studio that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Westcore Studio. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
 
7. INTELLECTUAL PROPERTY: The Services are the sole and exclusive property of Westcore Studio and are protected by copyright, trademark, and other intellectual property common and statutory laws of the United States and other countries. Westcore Studio retains all ownership and intellectual property rights to the Services, content, and materials provided to You through the Services, including all copyrights and any trademarks belonging to Westcore Studio and related entities and individuals. The Website content and materials are being provided to You for your individual use only and with a single-user license; this means that You are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Service or Services materials, electronically or otherwise, for business or commercial use, or in any other way that earns You money, without our prior written permission.
 
7.1 TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Westcore Studio or a use right has been granted to Westcore Studio. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or because of your use of the Sites or Services. Without the prior permission of Westcore Studio, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.
 
8. LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Westcore Studio MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.
 
WESTCORE STUDIO MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WESTCORE STUDIO DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF Westcore Studio FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
 
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WESTCORE STUDIO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WESTCORE STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
 
9. TERMINATION AND ACCESS RESTRICTION: Westcore Studio reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. This includes access to an overall Service, like the Westcore Studio, or an individual part of the Service, like the Westcore Studio community boards.
 
10. PRIVACY POLICY: Westcore Studio respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference
 
11. GOVERNING LAW, DISPUTE RESOLUTION: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of California, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Alameda County, California, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of California, County of Alameda, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in Alameda County, California.
 
Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Westcore Studio as a result of this agreement or use of the Sites. Westcore Studio performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Westcore Studio right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Westcore Studio with respect to such use.
 
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
 
Unless otherwise specified herein, this agreement constitutes the entire agreement between You and Westcore Studio with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Westcore Studio with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 
12. CONTACT: If you have any questions or concerns about this policy or any Services, products, or features, please don’t hesitate to contact us at: hello@westcorestudio.com