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Punch Studio
Terms and Conditions
Updated: July 2026
These Terms and Conditions (“Terms”) and the policies and other documents referenced in these Terms, together form an agreement (“Agreement”) between you (“you” and “your”) and Punch Studio and its subsidiaries, including the operators of www.punchstudio.com, www.mollyandrex.com, and www.shopladyjayne.com (collectively, “Punch Studio,” “we,” or “us”).
If you are entering into this Agreement on behalf of an entity or organization, you represent and warrant to Punch Studio you are authorized to bind that entity or organization to this Agreement, and all references in this Agreement to “you” will include that entity or organization.
Punch Studio provides this website (“Platform”) offering you and other users (“Users”) with the opportunity to access a variety of information, data, and content (“Content”) as well as the use of various services and resources. Punch Studio is willing to allow you to access and use the Platform (including available Content) if you agree to be bound by this Agreement.
This Agreement will form a binding legal agreement between you and Punch Studio as of the date you first accept this Agreement, including electronically, or any earlier date on which you access or use the Platform or any Content (“Effective Date”). You and Punch Studio are each a party to this Agreement and together are the parties to this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND PUNCH STUDIO. BY ACCESSING AND USING THE PLATFORM (INCLUDING ANY CONTENT), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH AND BE BOUND BY THIS AGREEMENT.
BY ENTERING INTO THIS AGREEMENT, YOU MAY BE WAIVING CERTAIN RIGHTS. IN PARTICULAR, THIS AGREEMENT CONTAINS PROVISIONS PROVIDING FOR MANDATORY BINDING ARBITRATION AND WAIVER OF JURY TRIALS, WHICH LIMIT YOUR RIGHTS TO BRING AN ACTION IN COURT AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
ALL CLAIMS AND DISPUTES ARISING UNDER THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
1 DEFINITIONS
Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States.
2 SCOPE
This Agreement governs your access to and use of the Platform and all Content. Unless otherwise specified in this Agreement, all access to and use of the Platform and all Content by you or on your behalf is subject to this Agreement. This Agreement is the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between you and Punch Studio, regarding your access to and use of the Platform and Content.
3 THIRD PARTY TERMS AND CONDITIONS
The Platform may also provide you with access or links to Content or other resources provided by third parties (“Third Party Content“) that are not under the control of Punch Studio. Punch Studio does not operate, control, or endorse any Third Party Content and is not responsible for any Third Party Content. Third Party Content is offered for your convenience and you assume sole responsibility for your use of any Third Party Content. Your use of any Third Party Content is subject to any additional terms and conditions applicable to that Third Party Content (“Third Party Terms”). Any Third Party Terms shall control only as to your use of the Third Party Content covered by those Third Party Terms and the terms of this Agreement will continue to control in all other respects with respect to the Platform and all Content.
4 MODIFICATIONS TO THIS AGREEMENT
Punch Studio may, in its sole discretion, modify this Agreement from time to time. Punch Studio will use commercially reasonable efforts to provide notice of any material modifications to this Agreement. Notice may be provided to you directly or to all Users through the Platform. Unless we make a change to this Agreement for legal or administrative reasons, any modification to this Agreement will be effective 5 days following posting of the modified version of this Agreement to the Platform. Your continued access to the Platform or use of the Content following that date constitutes your acceptance of, and agreement to be bound by, any modified Agreement. Except for the foregoing, this Agreement may be amended or modified only by a writing signed by both parties.
5 RIGHT TO MODIFY OR DISCONTINUE THE PLATFORM
We reserve the right to modify, suspend, or discontinue the Platform at any time with or without notice, by making those modifications available to you as part of the Platform. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform or any Content.
6 ELIGIBILITY
The Platform and all Content are for use by individuals 18 years of age and older for their own personal use. Additional eligibility requirements may be stated on the Platform. If you do not meet any such eligibility requirements, the Platform is not for you, and you are not permitted to become a User of the Platform and you may not access or use any Content.
7 ACCOUNTS
In order to access certain features of the Platform, you may be required to create an account (“Account”). When creating an Account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your Account credentials, including your username and password, and for all activities that occur under your Account. You agree not to share, transfer, or otherwise disclose your Account credentials to any third party. You must notify Punch Studio immediately upon becoming aware of any unauthorized access to or use of your Account or any other breach of security. Punch Studio will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your Account credentials or from any unauthorized use of your Account. Punch Studio reserves the right to suspend or terminate your Account at any time if any information provided in connection with your Account is found to be inaccurate, false, or otherwise in violation of this Agreement.
8 TERM
This Agreement is effective as of the Effective Date and will continue until terminated as set forth herein.
9 ACCESS
Subject to your compliance with this Agreement, during the term of this Agreement, Punch Studio will permit you to access the Platform, solely for your own personal use in accordance with the terms of this Agreement. Unless otherwise permitted in writing, your right to access the Platform is personal to you and you may not distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of your rights to access or use the Platform or otherwise make the Platform available to any third party.
The Platform offers a variety of Content. Content may include text, audio, video, photographs, illustrations, graphics and other content. The Content made available through the Platform includes Content provided by Punch Studio and its providers (“Platform Content”). All Content is for informational purposes only. Punch Studio is not responsible for any errors or omissions in any Content. You are solely responsible for verifying the accuracy and completeness of all Content, as well as the applicability and suitability of any Content to your intended use. Subject to your compliance with this Agreement, you may access the Platform Content made available to you through the Platform solely for your own personal use in connection with your use of the Platform. Unless otherwise permitted in writing, you will not, and will not permit any third party to: (1) alter, modify, reproduce, or create derivative works of any Content; (2) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (3) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Content. Without limiting the foregoing, Punch Studio will not be held liable to you or any other third party for any Content (including your User Content) under the Communications Decency Act (47 U.S.C. § 230).
10 OWNERSHIP
Punch Studio retains all right, title and interest, including all intellectual property rights, in and to the Platform and all Platform Content, as well as all software, databases, hardware, and other technology used by or on behalf of Punch Studio to operate the Platform (“Technology”), and any additions, improvements, updates and modifications thereto (collectively, “Punch Studio Property”). You receive no ownership interest in or to the Punch Studio Property and you are not granted any right or license to use the Punch Studio Property itself, apart from your ability to access the Platform and Content under this Agreement. The Punch Studio name, logo and all product and service names associated with the Platform and Content are trademarks of Punch Studio and its licensors and providers and you are granted no right or license to use them.
11 FEEDBACK
Any comments, feedback, suggestions, and other communications regarding the Platform (“Feedback”) are entirely voluntary. We will be free to use any Feedback you may provide as we see fit for any purpose and without notice, payment, or other obligation to you. All use of any Feedback will be at our sole discretion.
12 ADDITIONAL RESTRICTIONS
You may use the Platform only for lawful purposes in accordance with this Agreement. As a condition of your use of the Platform, you represent and warrant to us that you will not, and will not permit any third party to, use the Platform for any purpose that is unlawful or prohibited by this Agreement.
Without limiting the foregoing, whether on behalf of yourself or on behalf of a third party, you will not and will not permit any third party to access (or attempt to access) or use the Platform:
- to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or express or imply that we endorse any statement that you make;
- in a manner that violates any national, state, local or international law, rule or regulation;
- to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
- in a manner that interferes with, disables, disrupts, impairs or creates an undue burden on the Platform or Technology;
- to alter, modify, reproduce, create derivative works of the Platform;
- to harvest or collect e-mail addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications;
- to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of any third party or violate the privacy, publicity or other personal rights of any third party, or that is defamatory, obscene, threatening, abusive or hateful; or
- in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying the Platform.
13 TERMINATION
This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement. Such termination shall take effect at the end of the month in which such termination takes place. Upon termination of this Agreement for any reason: (1) all rights and subscriptions granted to you under this Agreement will terminate; (2) you will immediately cease all use of and access to the Platform and all Content (including, all Content you obtained prior to termination); and (3) you will return to Punch Studio or (if so notified by Punch Studio) destroy, all confidential information of Punch Studio in your possession or control.
Any provision of this Agreement that by its nature or express terms should survive termination or expiration of this Agreement will survive such termination or expiration, including, without limitation, provisions relating to ownership, indemnification, limitations of liability, disclaimers, dispute resolution, and any accrued rights or obligations of either party.
14 SUSPENSION
Without limiting Punch Studio’s right to terminate this Agreement, Punch Studio may also suspend your access to the Platform and the Content (including your User Content), with or without notice to you, upon any actual, threatened, or suspected breach of this Agreement or applicable Law or upon any other conduct deemed by Punch Studio to be inappropriate or detrimental to the Platform, Punch Studio or any Punch Studio provider, any other User, or any third party.
15 REPRESENTATIONS AND WARRANTIES
You represent and warrant on your behalf and on behalf of your authorized users to Punch Studio that: (1) you have the legal right and authority to enter into this Agreement and, if you are entering this Agreement on behalf of an entity or organization, to bind that entity or organization to the terms of this Agreement; (2) this Agreement forms a binding legal obligation on your behalf; (3) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement; and (4) your use of and access to the Platform, including all Content, will comply with all applicable laws, rules, and regulations and will not cause Punch Studio to violate any applicable laws, rules, or regulations.
16 NO PROFESSIONAL ADVICE
THE PLATFORM AND THE CONTENT DO NOT PROVIDE LEGAL OR OTHER PROFESSIONAL ADVICE AND ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL OR OTHER PROFESSIONAL ADVICE OR RECOMMENDATIONS. ALL CONTENT MADE AVAILABLE TO YOU THROUGH THE PLATFORM IS FOR INFORMATIONAL PURPOSES OR GENERAL GUIDANCE ONLY. YOUR USE OF THE PLATFORM OR ANY CONTENT AND ANY INTERACTIONS YOU MAY HAVE WITH PUNCH STUDIO OR ANY OTHER USER OR THIRD PARTY THROUGH THE PLATFORM DO NOT CREATE A LEGAL OR OTHER PROFESSIONAL RELATIONSHIP AND DO NOT CREATE ANY PRIVACY INTERESTS OTHER THAN THOSE DESCRIBED IN THE PUNCH STUDIO PRIVACY POLICY. YOU SHOULD ALWAYS SEEK THE ADVICE OF A LICENSED LEGAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS OR SITUATION. NEVER DISREGARD LEGAL OR OTHER PROFESSIONAL ADVICE (OR REFRAIN FROM SEEKING IT) BECAUSE OF ANY CONTENT YOU HAVE OBTAINED THROUGH THE PLATFORM. NEITHER PUNCH STUDIO NOR ANY OTHER USER RECOMMENDS OR ENDORSES ANY CONTENT OR ANY SPECIFIC PRODUCTS, PROCEDURES, OPINIONS OR OTHER CONTENT THAT MAY BE INCLUDED ON THE PLATFORM. YOUR RELIANCE ON ANY CONTENT APPEARING ON THE PLATFORM IS SOLELY AT YOUR OWN RISK.
17 NO ADDITIONAL WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE PLATFORM, INCLUDING ANY CONTENT. THE PLATFORM AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PUNCH STUDIO AND ITS PROVIDERS DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF ANY CONTENT AND DO NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR OTHER DATA OR INFORMATION PROVIDED THROUGH THE PLATFORM. WE CANNOT AND DO NOT REPRESENT THAT THE PLATFORM WILL OPERATE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS, THAT THE PLATFORM IS FREE OF COMPUTER VIRUSES, MALWARE, OR OTHER HARMFUL MECHANISMS, OR OTHERWISE MEET YOUR REQUIREMENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR ANY CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THE PLATFORM BY OUR CUSTOMERS OR BY OTHER USERS, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CONTENT IS AT YOUR SOLE RISK.
NOTHING IN THIS AGREEMENT WILL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED BY APPLICABLE LAW. SPECIFICALLY, YOU ACKNOWLEDGE THAT YOU MAY HAVE OR MAY IN THE FUTURE HAVE CLAIMS AGAINST US WHICH YOU DO NOT KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN YOU AGREED TO THIS AGREEMENT AND WHICH IF KNOWN, MIGHT MATERIALLY AFFECT YOUR CONSENT TO THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY.”
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASED PARTIES’ (AS DEFINED BELOW) TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASED PARTIES DURING THE 6 MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
18 INDEMNITY
You hereby agree to indemnify, defend, and hold harmless Punch Studio and its officers, directors, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising in any manner from: (1) your access to or use of the Platform or Account, including any Content; (2) your User Content and any other Content you provide through the Platform or Account; and (3) your breach of any representation, warranty, or other provision of this Agreement. Punch Studio will provide you with notice of any such claim or allegation, and Punch Studio will have the right to participate in the defense of any such claim.
19 LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES WILL PUNCH STUDIO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, INCLUDING ANY CONTENT OR YOUR USE OF OR INABILITY TO USE THE PLATFORM OR ANY CONTENT, INCLUDING ANY PURCHASES YOU MAKE OR LOSS OR DAMAGE ON ACCOUNT OF YOUR USE OF THE PLATFORM OR ANY CONTENT ON THE PLATFORM.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PUNCH STUDIO OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON OUR LIABILITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
NOTHING IN THIS AGREEMENT WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
20 DISPUTE RESOLUTION
Except as otherwise provided below, the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating to this Agreement, including the formation, validity, binding effect, interpretation, performance, breach or termination, of this Agreement and the arbitrability of the issues submitted to arbitration hereunder and non-contractual claims relating to this Agreement (each, a “Dispute”), in accordance with the procedures set forth in this Section.
If any Dispute cannot be resolved through negotiations between the parties within 14 days of notice from one party to the other of the Dispute, then at the request of either party such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association (“AAA”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the “Initial Period”) after either party to this Agreement delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by Punch Studio in California. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or pleaded to the arbitrator. The award of the arbitrator will require payment of the costs, fees and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
21 CHOICE OF LAW, JURISDICTION AND VENUE
This Agreement and the interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed exclusively by and construed in accordance with the federal laws of the United States of America and the laws of the State of California, excluding conflict of law provisions that would indicate the application of the laws of any other jurisdiction.
EACH PARTY WILL BRING ANY LEGAL ACTION OR PROCEEDING RELATING TO ANY DISPUTE OR OTHERWISE ARISING FROM THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE PLATFORM, ONLY IN A STATE OR FEDERAL COURT LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, U.S.A. YOU AND WE IRREVOCABLY AGREE TO CONSENT AND SUBMIT TO THE JURISDICTION AND VENUE OF SUCH COURTS.
You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
22 WAIVERS OF COLLECTIVE ACTION AND JURY TRIAL
YOU AGREE THAT YOU WILL PURSUE ANY CLAIM OR LAWSUIT RELATED TO ANY DISPUTE OR OTHERWISE ARISING FROM OR IN ANY WAY RELATING TO THIS AGREEMENT, THE PLATFORM, CONTENT, OR YOUR USE THEREOF AS AN INDIVIDUAL, AND WILL NOT LEAD, JOIN, OR SERVE AS A REPRESENTATIVE OR MEMBER OF A CLASS OR GROUP OF PERSONS BRINGING SUCH A CLAIM OR LAWSUIT.
THE PARTIES DESIRE TO AVOID THE TIME AND EXPENSE RELATING TO A JURY TRIAL OF ANY DISPUTE. ACCORDINGLY, THE PARTIES, FOR THEMSELVES AND THEIR SUCCESSORS AND ASSIGNS, HEREBY WAIVE TRIAL BY JURY OF ANY DISPUTE. THE PARTIES ACKNOWLEDGE THAT THIS WAIVER IS KNOWINGLY, FREELY, AND VOLUNTARILY GIVEN, IS DESIRED BY BOTH PARTIES AND IS IN THE BEST INTERESTS OF BOTH PARTIES.
23 STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred to the extent permitted by applicable law.
24 FORCE MAJEURE
Punch Studio will not be responsible for failure or delay in the performance of any obligation under this Agreement to the extent such failure or delay is due to acts of God or governmental authority, war, terrorism, strikes, boycotts, quarantine, pandemic, labor disputes, fire or other loss of facilities, accident, or any other event beyond its control. Punch Studio will use commercially reasonable efforts to notify you of any such event.
25 PRIVACY
While the Punch Studio Privacy Policy is not part of this Agreement, you consent to the use and disclosure of your personally identifiable information and other data and information as described in the Punch Studio Privacy Policy.
26 GENERAL
Words and phrases used in this Agreement have the definition given in this Agreement or, if not defined herein, have their plain English meaning as commonly interpreted in the United States. As used in this Agreement, the term “including” means “including, but not limited to.” Section headings are for reference purposes only. Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of this Agreement or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the validity or enforceability of the remaining provisions, and the court will substitute for such provision a valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of this Agreement will remain in full force and effect. The parties hereto are independent parties, not agents, employees or employers of the other, or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other. You may not assign this Agreement or any of your rights or obligations under this Agreement, whether through operation of law or otherwise, without the prior written approval of Punch Studio. Any assignment in violation of the foregoing will be null and void. Punch Studio may assign this Agreement to any party that assumes Punch Studio’s obligations hereunder. We may freely assign this Agreement. No term of this Agreement will be construed to confer any third party beneficiary rights on any non-party. Each and every right and remedy hereunder is cumulative with each and every other right and remedy herein or in any other agreement between the parties or under applicable Law. This Agreement may be amended only as set forth herein.
27 NOTICES
Unless otherwise specified in this Agreement, any notices required or allowed under this Agreement will be provided to Punch Studio by postal mail to the address for Punch Studio listed on the Platform. Punch Studio may provide you with any notices required or allowed under this Agreement by sending you an email to any email address you provide to Punch Studio in connection with your use of the Platform, provided that in the case of any notice applicable both to you and other Users of the Platform, Punch Studio may instead provide such notice by posting the notice on the Platform. Notices provided to Punch Studio will be deemed given when actually received by Punch Studio. Notice provided to you will be deemed given 24 hours after posting to the Platform or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
28 CONTACT US
If you have any questions or concerns regarding this Agreement or the Platform, please contact us using the information provided below:
Email: [email protected]