1. Acceptance of Terms. The services Grit Studios, LLC, in management of Grit Studios Coworking at The Massey provides to you, the undersigned, (including but not limited to use of office space at 125 W. Central Avenue, Suite 200, Bentonville, Arkansas 72712, access to Internet, etc.), are subject to the following Terms of Use (“TOU”). Grit Studios reserves the right to modify and/or update the TOU (as well as the Community Norms referenced in Section 3) at any time without notice to you.
  2. Description of Services. Grit Studios may provide you with access to office space, work stations, internet access, office equipment, conference space, knowledge resources, and other services as Grit Studios may offer from time to time pursuant to the Application and Membership Agreement (“Member Agreement”) to which this TOU is attached (collectively, “Services”). The Services at all times are subject to the Member Agreement, this TOU and the Community Norms referenced in Section 3.
  3. No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices, or that are prohibited by the “Community Norms,” attached to this TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any Grit Studios server, or the network(s) connected to any Grit Studios server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any Grit Studios server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You hereby represent and warrant that you have all requisite legal power and authority to enter into the Member Agreement and abide by the terms and conditions of this TOU (and all Community Norms) and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
  4. Use of services. You agree that when participating in or using the Services, you will not:
    1. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited message (commercial or otherwise);
    2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through Grit Studios servers or bandwidth;
    4. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
    5. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
    6. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
    7. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
    8. Restrict or inhibit any other user from using and enjoying the Services;
    9. Violate any code of conduct or other guidelines which may be applicable for any particular Service;
    10. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
    11. Violate any applicable laws or regulations;
    12. Create a false identity for the purpose of misleading others;
    13. Obstruct any entranceway, create any circumstances of disrepair or damage any Grit Studios Property or Premises;
    14. Bring any pets onto the Grit Studios Premises, unless you have a specific need for visual assistance;
    15. Use cellular phones or other communication devices in a manner that will be disruptive to other members. In the interests of maintaining a peaceful environment, Grit Studios requests that all members, guests, and clients turn their phones to vibrate while in the Premises. We also ask that you use a head phone, phone booth areas or meeting room for calls longer than three minutes; or
    16. Otherwise violate the Member Agreement, this TOU or any of the Community Norms.
    17. Otherwise exceed the following usage limitations in relation to the shared conference space: Members may not have more than 20 individuals total in the large conference room, 4 in the small meeting rooms and 8 in the larger meeting rooms. All monthly allotments of conference space usage included with memberships, as well as purchases of additional usage, are subject to availability of the conference space. Unused time does not roll over or accrue from month to month.
  5. Grit Studios Required Disclosures. Grit Studios reserves the right at all times to disclose any information about you and/or your participation in and use of the Services as Grit Studios deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Grit Studios’s sole discretion.
  6. Confidentiality.
    1. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by Grit Studios or any participant or user of the Services, or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, knowhow, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of Grit Studios, any analyses, compilations, studies or other documents prepared by Grit Studios or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or have reason to know should be treated as confidential.
    2. Your participation in and/or use of the Services obligates you to:
      1. Maintain all Confidential Information in strict confidence;
      2. Not to disclose Confidential Information to any third parties;
      3. Not to use Confidential Information in any way directly or indirectly detrimental to Grit Studios or any participant or user of the Services.
    3. All Confidential Information remains the sole and exclusive property of Grit Studios or the respective disclosing party. You acknowledge and agree that nothing in the Member Agreement, this TOU or Community Norms, or your participation or use of the Services, will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property or proprietary rights of Grit Studios or any participant or user of the Services.
  7. Participation In or Use of Services. You acknowledge that you are participating in or using the Services of your own free will and decision. You acknowledge that Grit Studios does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.
  8. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Grit Studios PROVIDES THE SERVICES “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS WITH RESPECT TO THE SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES, DUTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT CONCERNING ANY USE OF THE SERVICES. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF PARTICIPATION IN OR THE USE OF, THE SERVICES, REMAINS WITH YOU.
  9. Exclusion of Incidental, Consequential and Certain Other Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Grit Studios OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS, JOINTLY AND INDIVIDUALLY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE OF THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF Grit Studios, AND EVEN IF Grit Studios HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  10. Limitation of Liability and Remedies. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF Grit Studios OR ITS SUBSIDIARIES (WHETHER OR NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, AGENTS, SHAREHOLDERS, MEMBERS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS AND ASSIGNS UNDER ANY PROVISION OF THIS TOU AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO TWO HUNDRED NINTY NINE DOLLARS (USD $299.00). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8 AND 9 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
  11. Termination. Grit Studios reserves the right to terminate any Service at any time. Grit Studios further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU or Community Norms. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER THE SERVICES PROVIDED BY Grit Studios NOR THIS AGREEMENT SHALL IN ANY MANNER CONSTITUTE A LANDLORD/TENANT RELATIONSHIP, AND Grit Studios MAY IMMEDIATELY TERMINATE THE SERVICES FOR ANY REASON AT ANY TIME. Upon termination, you agree to immediately remove any and all of your personal property from the Premises.
  12. Indemnification. You release, and hereby agree to indemnify, defend and save harmless Grit Studios and Grit Studios’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses (including, without limitation, reasonable attorney’s fees), judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and/or fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Grit Studios or its respective officers and agents in connection with the defense of such claim or lawsuit.
  13. Insurance. As required by the owner of building located at 125 W. Central Avenue, Suite 200, Bentonville, AR 72712, Grit Studios carries Liability and Business Personal Property insurance. Grit Studios members are not required but it is strongly suggested that they carry an insurance policy to cover their own equipment and personal property while using our space. That policy may cover your current residence/office, as well as the Premises of Grit Studios.
  14. Additional General Terms. By signing this TOU, you furthermore agree to the following additional general terms and conditions of your membership:
    1. You shall not place anything, or allow anything to be placed, in the common areas, in any, or near the glass or any window, door, partition or wall which may in Grit Studios's judgment, appear unsightly from the common areas or from the outside of the building in which the Premises are situated ("Building").
    2. The sidewalks, halls, passages, exits, entrances, and stairways shall not be obstructed or used for any purposes other than for ingress to and egress from the Premises. The halls, passages, exits, entrances, stairways, etc., are not for the use of the general public and Grit Studios shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence in the judgment of Grit Studios, reasonably exercised, shall be prejudicial to the safety, character, reputation and interests of the Building. Neither you nor any of your employees or invitees shall go upon the roof of the Buildings.
    3. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purposes other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein, and to the extent caused by you or your employees or invitees, the expense of any breakage, stoppage or damage resulting from the violation of this norm shall be born by you.
    4. You shall not cause any unnecessary janitorial labor or services by reason of your carelessness or indifference in the preservation of good order and cleanliness.
    5. No cooking shall be done or permitted on the Premises, nor shall the Premises be used for lodging (the use of a coffee maker and microwave are, however, permitted uses).
    6. You shall not bring upon, use or keep in the Premises or the Building, any kerosene, gasoline or inflammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by Grit Studios.
    7. Grit Studios shall have sole power to direct electricians to where and how telephone and other wires are to be introduced. No boring or cutting of wires is to be allowed without the consent of Grit Studios. The locations of telephones, call boxes and other office equipment affixed to the Premises are determined by Grit Studios, in its sole discretion. Note: Grit Studios is a WIRELESS Facility. No network or phone lines will be run for your space. Wireless adaption software / hardware is available for purchase either via the Grit Studios or third party vendors.
    8. Upon the termination of Services, you shall deliver to Grit Studios all keys and passes for offices, rooms, and toilet rooms which shall have been furnished to you. In the event of the loss of any keys so furnished, you shall pay Grit Studios therefore. You shall not make, or cause to be made, any such keys, you shall order all such keys solely from Grit Studios and you shall pay Grit Studios for any additional such keys over and above the set(s) of keys originally furnished by Grit Studios.
    9. You shall not install linoleum, tile, carpet or other floor covering so that the same shall be affixed to the floor of the Premises in any manner except as approved by Grit Studios.
    10. No furniture, packages, supplies, equipment or merchandise will be received in the Building or carried up or down in the stairways, except between such hours and in such stairways as shall be designated by Grit Studios.
    11. When accessing the Building after hours, you shall cause all doors to the Premises to be closed and securely locked before leaving the Building.
    12. Without the prior written consent of Grit Studios, you shall not use the name of the Building or any picture of the Building in connection with, or in promoting or advertising your business, except you may use the address of the Building as the address of your business.
    13. You shall cooperate fully with Grit Studios to assure the most effective operation of the Premises' or the Building's heat and air conditioning, and shall refrain from attempting to adjust any controls.
    14. You assume full responsibility for protecting the Premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed and secured.
    15. Except with the prior written consent of Grit Studios, you shall not sell or cause to be sold any items or services at retail in or from the Premises, nor shall you carry on or permit or allow any employee or person to carry on the business of machine copying, stenography, typewriting or similar business in or from the Premises for the service or accommodation of occupants of any other portion of the Building without written consent of Grit Studios.
    16. You shall not conduct any auction nor permit any fire or bankruptcy sale to be held on the Premises, nor store goods, wares or merchandise on the Premises. You shall not allow any vending machines on the Premises without Grit Studios's prior consent.
    17. All freight must be moved into, within and out of the Building under the supervision of Grit Studios and according to such regulations as may be promulgated by Grit Studios. All moving of furniture or equipment into, within or out of the Building by you shall be done at such time and in such manner as directed by Grit Studios or its agent. In no cases shall items of freight, furniture, fixtures or equipment be moved into or out of the Building or in any common area during such hours as are normally considered rush hours to an office building; i.e., 8:30-9:30 A.M., 11:00 A.M.-1:00 P.M. and 4:00-6:30 P.M.
    18. On Weekends, federally observed holidays and on other days during certain hours for which the Building may be closed after normal business hours, access to the Building or to halls, corridors, elevators, stairwells will be controlled by Grit Studios through the use of a card key system. This system will verify any and all persons seeking access to the Building through the use of proper identification to determine if they have rights of access to the Premises. Grit Studios shall in no case be liable for damages wherein admission to the Building has not been granted during abnormal hours by reason of your failing to properly identify yourself through the use of a card-key, or through the failure of the Building to be unlocked and open for access by you, your employees and general public. Nothing contained herein shall obligate Grit Studios to provide such card key system or to make Grit Studios liable for any act or omission or failure of such system and the card keys which may be provided.
    19. You shall not change locks or install other locks on doors without the prior written consent of Grit Studios.
    20. You shall give prompt notice to Grit Studios of any accidents to or defects in plumbing, electrical fixtures or heating apparatus reasonably known to you so the same may be attended to properly.
    21. Grit Studios shall have the power to prescribe the weight and position of safes or other objects which shall, if considered necessary by Grit Studios, be required to be supported by such additional materials placed on the floor as Grit Studios may direct, and at your expense. In no event can these items exceed a weight for which the floor is designed.
    22. Internet Policy: Wireless access to The Internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. Grit Studios is not responsible for any data, business or other losses as a result of such interruptions. You are responsible to protect your own computer and data from electrical surges, theft, virus, or other malicious attack. Unless otherwise set forth by Grit Studios in writing, you are receiving a single user account solely for your use of the Services through one unit per login session. You agree not to resell any aspect of the Service, whether for profit or otherwise, share your IP address or ISP Internet connection with anyone, access the Service simultaneously through multiple units or to authorize any other individual or entity to use the Service. You agree that sharing the Service with another party breaches this TOU and may constitute fraud or theft, for which Grit Studios reserve all rights and remedies. You have no proprietary or ownership rights to a specific IP or other address, log-in name, or password that you use on our network. Grit Studios may change your address, log-in name or password at any time. Grit Studios will assign you an IP address each time you access the Service, and it will vary. You may not assign your log-in name, password or IP address to any other person. You agree not to use the Service, any Grit Studios or related network or website for any fraudulent, unlawful, harassing or abusive purpose, or so as to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person. Improper uses include, but are not limited to:
      1. violating any applicable law or regulation;
      2. Posting or transmitting content you do not have the right to post or transmit;
      3. Posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, or other right;
      4. Posting or transmitting content that is unlawful, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful or otherwise objectionable as determined in our sole discretion;
      5. Attempting to intercept, collect or store data about third parties without their knowledge or consent;
      6. Deleting, tampering with or revising any material posted by any other person or entity;
      7. Accessing, tampering with or using non-public areas of the Service or any Grit Studios or related website, computer systems or network;
      8. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
      9. Attempting to access or search the Service or any Grit Studios or related network or website with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Grit Studios or other generally available third party web browser;
      10. Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
      11. Using the Service or any Grit Studios or related website or network to send altered, deceptive or false source-identifying information;
      12. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service or any Grit Studios or related website or network;
      13. Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a "virus" to the Service or any Grit Studios or related website or network, overloading, "flooding," "spamming," "crashing," or "mailbombing" the Service or any Grit Studios or related website or network; or
      14. Impersonating or misrepresenting your affiliation with any person or entity. If Grit Studios suspects violations of any of the above, Grit Studios will investigate and may institute legal action, immediately deactivate Service to any account without prior notice to you, and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with Grit Studios in investigating suspected violations.
    23. You shall not install, maintain or otherwise locate at Grit Studios any computer server of any kind, whether hardware or software without written permission from Grit Studios.
  15. Miscellaneous.
    1. Entire Agreement. This TOU, the Member Agreement, and Community Norms constitute the entire agreement between the parties pertaining to the subject matter contained therein, and supersede all prior and contemporaneous agreements, representations, and understandings of the parties pertaining to such subject matter.
    2. Severability. In the event that any provision or portion of this TOU, the Member Agreement or Community Norms is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU, the Member Agreement and Community Norms shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
    3. Waivers. No waiver shall be binding on Grit Studios unless executed in writing by an authorized representative of Grit Studios.
    4. Successors and Assigns. This TOU, the Member Agreement and Community Norms shall be binding on your heirs, legal representative, successors and assigns.
    5. No Assignment. In no event may you assign in whole or in part your membership or use of the Services, without the advance written consent of Grit Studios.
    6. Notice. All notices, requests, demands or other communications for which this TOU, the Member Agreement or Community Norms provides shall be in writing and shall be addressed at the following addresses: If to Grit Studios: Grit Studios, 125 W. Central Avenue, Suite 200, Bentonville, AR 72712, Attn: Rick Webb, Director. If to you: At the address set forth on page 1 of the Membership Agreement , or such other address as any party may designate in writing. All notices under this TOU, the Member Agreement and Community Norms shall be effective: (a) forty-eight (48) hours after deposit in the U.S. Mail, postage prepaid, registered or certified mail, return receipt requested; (b) Upon delivery, if delivered in person to the address set forth above; or (c) upon delivery, if sent by commercial express service, such as Federal Express, except that notices of change of address shall be effective upon receipt.
    7. Attorney's Fees. If Grit Studios shall bring any action for any relief against you arising out of this TOU, the Member Agreement or Community Norms, the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees and costs incurred in bringing such suit and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment.
    8. Governing Law. The rights and obligations of hereunder shall be governed by, and this TOU, the Member Agreement and Community Norms shall be construed and enforced in accordance with, the laws of the State of Arkansas. Venue for the resolution of any dispute arising out of this TOU, the Member Agreement or Community Norms shall be Benton County, Arkansas.
    9. Modification. Grit Studios may in its sole discretion, upon written notice, change the Terms of Use and Community Norms.

GRIT STUDIOS HOUSE RULES

As a member, this place and this peer community belong to you. In order to ensure our community can be productive to everyone, we’ve put together a few guidelines that apply to all Grit Studio Members, Patrons, Guests, Visitors and Contractors. Some of these house rules may reiterate items covered in the above terms and conditions, but we feel THAT strongly about them.

MEMBER and GUEST BEHAVIOR

  1.     If you have an office or dedicated desk, we will provide Grit-approved signage. If you want to share or test your marketing material, bring it to our mixers and share it with the community. The more the community knows what you are about, the more buzz it can create for you.
  1.     Proper and appropriate clothing are required at all times according to environment and activity. The Association reserves the right to exclude anyone from the Property if their appearance is deemed objectionable.
  1.     Harassment will not be tolerated.
  •      Grit Studios leadership is committed to making our Grit Community a respectful and harassment-free experience for everyone, regardless of gender, race, ethnicity, national origin, age, political affiliation, religion, sexual orientation, disability, or physical appearance.
  1.     There shall be no disturbances to cause interruption of workplace productivity.
  •      Fighting or other physical altercations are expressly prohibited at Grit Studios and may be the basis for removal of persons from the Grit Studio space and/or Membership.
  •      There shall be no threats of physical violence made by any party against another.
  •      There shall be no offensive material, logos, and/or writings on clothing or otherwise displayed, including without limitation, jewelry and tattoos. It shall be the sole discretion of Grit Studios’ leadership to determine what material, logos, and/or writings are offensive.
  •      There shall be no use of public explicit profanity on Grit Studios’ space.
  1.     Please be courteous and considerate of all Members, Patrons, and Guests at all times. This includes:
  •      Appropriate use of music or other media as not to intrude or disturb others;
  •      Picking up and cleaning up after yourself, leaving an area better than you found it;
  •      Replacing chairs that you have moved and positioning chairs appropriately around tables;
  •      Picking up and disposing of any trash you may see on the floor or left behind by others;
  •      Appropriately greeting others and their guests;
  •      Giving attention to Meeting Room schedules and adhering to your own scheduling;
  •      Being courteous when using enclaves and limiting use to a reasonable amount of time (e.g. 60 minutes);
  •      Being considerate when parking as to not incur or cause damage to other vehicles;
  •      Being attentive of others who might be waiting for resources such as shower, printing, coffee bar, etc.
  •      Note that the refrigerator is emptied every Friday afternoon.
  1.     If the coffee is out, make a pot yourself! You’ll probably get lots of love for brewing good coffee.
  1.     When you’re using the Shower, please bring your own towel and use it to wipe down when you’re finished.  Only one Member may be in the shower room at a time. Member must remember to lock shower room door after entry.  Member agrees to clean shower room when finished. Member will report any issues with shower room to Grit Studios staff immediately.
  1.     No person shall be permitted to unduly disturb others as a result of sounds or other activities. All radios, cellular telephones, and other beeping and ringing devices are to be kept at a low level of volume, or in silent mode, while at Grit.
  1.     Phone calls in the open space are fine, just talk at a normal volume and be aware it is an open space with the associated background noise. If you need privacy or are on a call for longer than 3 minutes, use a phone booth or take a walk outside. On the flipside, if you get disturbed easily by someone on a call, a good set of headphones are a must. If you are on the phone a lot using your booming sales voice, a private office is your best membership option.
  1.  When it’s time for you to focus and do your productive work, the universal sign for “do not disturb” is to put on your headphones. If others have headphones on, that’s a sign they have serious work to get done.
  1.  As a matter of safety and courtesy to others, Patrons and/or Guests of Members are required to sign in at the front desk. Front desk staff will then alert Member as to a Patron or Guest’s arrival. You may also use the Wave app to check in.
  •      Patrons and Guests must always be hosted within a Member's Dedicated Space and/or within allocated Resource spaces (i.e. meeting rooms), so as not to interfere or encroach neighboring Members.  It’s the Member’s duty to License sufficient Grit Studio Memberships and space in order to comply with this rule.
  •      Patrons and Guest should never access private offices other than the Member or Dedicated Desk areas.
  •      Patron and Guest access to the facility should be limited to brief visits, and Grit Studio staff should always be alerted when Patrons require a longer stay.
  •      GUESTS ARE NOT ALLOWED IN THE FACILITY AFTER BUSINESS HOURS, which are Monday thru Friday, 8:30am – 5:30pm, unless otherwise approved by Grit Studios leadership. 
  1.  Persons under the age of 18 are not allowed on workplace premises AT ANY TIME, other than those individuals working in qualified intern programs, attending classes, or are family members visiting for BRIEF PERIODS.

 SAFETY

  1.     Proper safety measures must be implemented on Grit Studios premises at all time and all work must be performed consistent with OSHA standards and regulations. No person may undertake any improper use of any safety features (such as fire alarms). No bicycles or other personal non-ADA vehicles are permitted to be used in the Building; however, they may be stored in designated areas.
  1.     No smoking is ever permitted inside the Massey Building.  This includes no vaping, cigar, pipes or other smoking devices.
  1.     Flammable or combustible liquids are prohibited inside the Massey Building.
  •      All materials used in decoration of any space in the facility must be certified as flame retardant.
  •      Pyrotechnics of any type on the Property are strictly prohibited.
  •      Candles may not be used in any manner.
  1.     There shall be no firearms of any kind on the Grit Studios space.
  1.     Illegal drugs and substances are not permitted on the Property in any form. 

USE OF SPACE

  1.     Any alteration of the Property requires advance written approval of the Grit staff. Pictures may be hung in private offices but only using approved Grit Studios hanging devices.
  1.     Sidewalks, doorways, vestibules, hall, stairways, and other similar Common Areas shall not be obstructed by any party or used by Members or Patrons for any purpose other than ingress and egress.
  1.     No signs, advertisements, or notices shall be painted or affixed on or to any windows or doors or any other part of the Building, without permission of Grit Studios leadership.
  1.     Alcohol may only be served and consumed at Grit Studios in designated areas with the approval of Grit Studios leadership. Alcohol may never be served to any individual on Grit Studios space under the age of twenty-one years old, pursuant to Arkansas law.  Grit Studios reserves the right, but shall not have a duty, to remove any person demonstrably under the influence of alcohol.
  1.     No bikes allowed on the floor.  Please use the provided bike storage on the Massey Building First Floor.
  1.     No animals are permitted to be onsite, unless they are a registered or licensed for disability purposes.
  1.     Property shall not be used for lodging or sleeping. 
  1.     No changes or alterations to any lighting in the Grit Studios space may be done without Grit leadership’s approval. Any lamp or personal light that is added and/or used must contain LED bulbs.
  1.     Movement of furniture or any other item is not permitted without the permission of Grit Studios’ staff.  Additional furniture may not be used in Grit Studios’ space without approval of Grit Studios’ leadership. 
  1.  Each Member, Patron, and Guest shall deposit all trash and garbage in the appropriate location or in such other areas specifically designated by Grit Studios staff.
  1.  There shall be no loitering by any unrelated party in the Grit Studios space at any time.
  1.  You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our Premises and items therein caused by you or your guests, or invitees 

INTELLECTUAL PROPERTY, PRIVACY, TRADEMARKS

  1.     You must not directly or indirectly take, copy or use any information or intellectual property belonging to other members or member companies or any of their guests, including without limitation personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.
  1.     Member shall not use any material or information, including images or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  1.     If any copyrighted music is to be played or publicly performed, the necessary licenses from the copyright owner or licensing agency representing the copyright owner must be obtained.

TECHNOLOGY USAGE

  1.     We may need to install software onto your computer, tablet, mobile device or other electronic equipment to provide you with the Services. You acknowledge that your refusal to install such software may affect your ability to properly receive the Services you have purchased.
  1.     We may also provide you with technical support at your request. You agree that we (a) are not responsible for any damage to any of your electronic equipment or systems related to such technical support or software installation; (b) do not assume any liability or warranty in the event that any manufacturer warranties are voided; and (c) do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support.
  1.     Furthermore, you acknowledge that you have no expectation of privacy with respect to Grit Studios’ internet connection, networks, telecommunications systems or information processing systems (including any stored computer files, email messages and voice messages), and your activity and any files or messages on or using any of those devices or systems may be monitored at any time without notice, including for security reasons and to ensure compliance with our policies, regardless of whether such activity occurs on equipment owned by you or us.
  1.     Member shall not publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information on or through Grit Studios’ internet access or servers.
  1.     Member shall not upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws, (or by rights of privacy or publicity,) unless you own or control the rights thereto or have received all necessary consent to do the same. 
  1.     Member shall not upload files that contain viruses, trojan horses, worms, time bombs, bots, corrupted files, or any other like or similar software or programs that may damage the operation of another computer or property of another coworker.
  1.     Member shall not download any file that you know, or should reasonably know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  1.     Members should take adequate protective measures to eliminate viruses, spyware, and/or malware from their computers.
  1.     Member shall not restrict or inhibit any other user from using and enjoying the Association’s Internet Access Services. 
  1.  Members shall not harvest, or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.
  1.  Members shall not create false identity for the purpose of misleading others. Electronic equipment that uses radio frequency energy must meet Federal Communications Commission (FCC) regulations. 

LOST OR STOLEN PROPERTY

  1.     The Association shall not be responsible for lost or stolen property, money, jewelry, or other items of property, including, without limitation, property of Members, Patrons, or Guests, regardless of whether such loss occurs when the area is locked against entry or not. In addition to provided facility security measures, each Member must provide adequate security for their own property 

LIMITATIONS OF LIABILITY AND INDEMNIFICATION

  1.     To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, waive any and all claims and rights against us and our landlords at the Premises and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, “Grit Studios LLC”) resulting from injury or damage to, or destruction, theft, or loss of, any property, person or pet (“Claims”) and release the Grit Studios LLC from any such Claims. 
  1.     We are not liable for actions of other individuals. We do not control and are not responsible for the actions of other individuals using the Services or at Grit Studios. You should be aware that other users or members may not be who they claim to be. We do not perform background checks on our users or members nor do we guarantee that our users’ or members’ profiles are accurate. We do not endorse, support or verify the facts, opinions or recommendations of our users or members.
  1.     We do not have liability for third-party products or services. Your membership may provide you with access to third-party products or services. The membership may also provide you with access to advertisements from our other third-party business partners. We are not responsible for the content of these advertisements or any links, products, services or other materials relating to any third-party products, services, advertisements or other materials. In no event will we be liable, directly or indirectly, to anyone for any damage or loss relating to any use of or reliance on any advertisement on the Grit membership or any products, services or other materials relating to any advertisement. You agree that our making available access to or discounts for these third-party services does not constitute provision of such third-party services by us, and you will look solely to the applicable third party for provision of the applicable third-party services and for compensation for any claims, damages, liabilities or losses you may incur in connection with such third-party services.
  1.     To the extent permitted by law, the aggregate monetary liability of any of the Grit Studios staff or leadership to you or your employees, agents, guests or invitees for any reason and for all causes of action, whether in contract, tort, breach of statutory duty, or other legal or equitable theory will not exceed the total amounts paid by you to us under these Terms for the product or service from which the claim arose in the twelve (12) months prior to the claim arising.
  1.     None of the Grit Studios staff or leadership will be liable under any cause of action, for any indirect, special, incidental, consequential, reliance or punitive damages, including loss of profits or business interruption, or for the cost of any substitute goods, services or technology. 
  1.     You acknowledge and agree that you may not commence any action or proceeding against any of the Grit Studios staff and leadership, whether in contract, tort, breach of statutory duty, or other legal or equitable theory, unless the action, suit, or proceeding is commenced within one (1) year of the cause of action’s accrual.
  1.     Disclaimer of warranties and implied terms. The Services are provided “AS IS”. To the extent permitted by law, we disclaim all warranties and terms, express or implied, with respect to the Services, including warranties, terms or representations as to the availability, operation, performance and/or use of our Services, or any other materials on or accessed via the Services, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing, course of performance or usage in trade. 
  1.     You agree to hold us harmless. You will indemnify and hold harmless Grit Studios LLC from and against any and all claims, liabilities, damages and expenses (“Claims”) including reasonable attorneys’ fees, resulting from any breach of these Terms by you or your employees or Grit Studios, or your or their invitees or pets or any of your or their actions or omissions, and Grit Studios will have sole control over the defense of any such Claims. You are responsible for the actions of and all damages caused by all persons and pets that you or your guests invite to enter any of the Premises. You shall not make any settlement that requires a material act or admission by any of the Grit Studios LLC, imposes any obligation upon any of the Grit Studios LLC or does not contain a full and unconditional release of the Grit Studios LLC, without our written consent. None of the Grit Studios staff or leadership shall be liable for any settlement made without its prior written consent.
  1.     You agree to cooperate with us. From time to time, we may investigate any actual, alleged or potential violations of these Terms. You agree to cooperate fully in any of these inquiries. You waive any and all rights against the Grit Studios LLC and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.
  1.  The Association reserves the right to remove any individual, including Patrons and Guests, from the Property at the discretion of Association representatives.
  1.  If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, or at any other time when we in our reasonable discretion see fit to do so, we may, at our sole discretion, restrict your access to your account and the Services and/or terminate your account with immediate effect and possibly without prior notice to you.
  1.  In addition, we may decline to renew your subscription for any or all Services at the end of your subscription period for any reason or for no reason.  We may also at any time terminate your account if we discontinue the Grit Studios Membership.
  1.  You can cancel your Grit Studios account at any time, by submitting a request at info@gritstudios.org. Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid. You will remain liable for past due amounts and your annual Membership fee and we may exercise our rights to collect due payment, despite termination or expiration of your Grit Studios Membership.

I hereby acknowledge that I have read and understood all of the terms and conditions contained in this TOU (including the attached Community Norms), as well as the Grit Studios House Rules, and further agree to be bound to the TOU, Community Norms and Grit Studios House Rules regarding my participation in and use of the Services.