Terms of Use
Last updated: August 20261. Sullivan Studio
This website, https://sullivanstudio.com/, together with all content incorporated into and presented through it (the "Site"), is operated by Sullivan Design Studio, LLC, a California limited liability company, doing business as Sullivan Studio ("Sullivan Studio," "we," "us," and "our". These Terms and Conditions of Use ("Terms") set forth the terms applicable to and governing your ("you" or "your") access to and use of the Site, including but not limited to the ARBITRATION AGREEMENT AND CLASS ACTION WAIVER detailed in Section 19 below. By using the Site, you acknowledge that you have read, understand, and agree to these Terms and expressly agree that they form a binding contract between you and Sullivan Studio. If you do not agree to these Terms, you shall not use the Site. The Site is not targeted at children under the age of 18, and they are not permitted to use it. We do not knowingly collect personal information from children under 18.
The Site is a portfolio and informational website. Nothing on the Site constitutes an offer to perform services, a quotation, or design or other professional advice for your specific circumstances; our services are provided only under a separately executed written agreement. The Site is intended for general informational purposes only and does not create any client, advisory, or professional relationship.
2. Changes to the Terms
These Terms may change as we continue to evolve our business and the Site. If we change these Terms, we will post the revised document here and such changes will be effective immediately upon posting. Your continued use of the Site represents your acceptance of such changes, and we recommend that you review these Terms periodically.
3. Content and Intellectual Property
Your use of the Site and its contents — including, without limitation, any text, data, logos, graphics, photographs, images, videos, and other audiovisual materials that you access ("Content") — is subject to these Terms. All Content is either owned by us or by third parties who license such Content to us (including project photography, which may be subject to the rights of the credited photographers), and is made available only for your own personal, non-commercial use on the condition that you must not republish, post, transmit, edit, adapt, syndicate, or distribute any Content without our prior written permission. The words "Sullivan Studio" and other business names and logos displayed on the Site may be trademarks belonging to us ("Trademarks").
To the maximum extent legally permitted, you cannot seek to extract data from the Site by scraping, crawling, harvesting, framing, or similar automated or systematic means or reutilize any part of the Site or Content for any commercial purpose, or use our Trademarks in a way that suggests that you or your business has any endorsement from or affiliation with Sullivan Studio, without our prior written permission. No act of downloading or copying from, or otherwise using, the Site, even with our permission, will transfer any title, interest, or right in or to any Content to you. Sullivan Studio hereby expressly reserves all rights not expressly granted in and to the Site and Content.
You may, however, use ordinary browser functions to view the Site and share publicly available pages by normal hyperlink, provided you do not misrepresent affiliation or endorsement.
4. Third-Party Links
The Site may link to third-party websites from time to time, including our social media profiles. These links are provided for your convenience only. We do not control third-party websites and are not responsible for their content or how they operate. Links do not imply any endorsement by us of the goods, services, or materials available on such websites.
YOU ACKNOWLEDGE, TO THE MAXIMUM EXTENT LEGALLY PERMITTED AND UNLESS WE STATE OTHERWISE, WE SHALL NOT BE LIABLE IN RESPECT OF YOUR USE OF THOSE THIRD-PARTY WEBSITES OR ANY PURCHASE YOU MAKE THROUGH THEM. SULLIVAN STUDIO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR RELIANCE ON ANY THIRD-PARTY SITES.
Your use of third-party platforms is also subject to those platforms’ own terms and privacy policies.
5. User Conduct
You must only use the Site for legal purposes in accordance with these Terms and are prohibited from using the Site to engage in any fraudulent activity or in a manner that damages our business or harms other users. You affirm that any information you provide to us through the Site (including through our contact form) is complete, accurate, and up to date.
Subject to your compliance with these Terms, we give you the limited, non-exclusive, non-transferable, and revocable right to access and use the Site solely for your personal and non-commercial use. However, we do not give you any right to, and you hereby agree not to:
• Use the Site or any portion thereof for any commercial use or for the benefit of any other person or entity, including by selling, renting, leasing, assigning, transferring, hosting, or otherwise commercially exploiting the Site or any portion thereof;
• Copy, reproduce, duplicate, archive, store (other than standard browser caching), download, publish, modify, make derivative works of, reverse engineer, translate, or distribute any portion of the Site by any means, other than as expressly allowed by these Terms;
• Remove, alter, bypass, avoid, or circumvent any copyright, trademark, or other proprietary notice or content protection measures included in or associated with the Site or any Content;
• Use any automated means, including artificial intelligence tools, software robots, spiders, scrapers, bots, crawlers, or similar data mining, gathering, or extraction tools, methods, or techniques, whether automated, programmed, or manual, including without limitation to access, acquire, analyze, copy, monitor, or make submissions through any portion of the Site, except as expressly authorized by us in writing;
• Use the Site or the Content or any related data (including any associated metadata) for the training, fine tuning or development of artificial intelligence technologies, tools, or machine learning language models without our prior written consent;
• Use our contact form to send spam, unsolicited commercial communications, or unlawful, fraudulent, defamatory, or otherwise objectionable content, or to impersonate any person or entity;
• Use the Site in any way that may lead to the encouragement, procurement, or carrying out of any criminal activity; or
• Knowingly or intentionally take any other action that may impose an unreasonable burden or load on the Site or its servers and infrastructure.
Any unauthorized use by you of the Site or any portion thereof will immediately terminate the limited license rights granted to you under these Terms, without prejudice to any other right or remedy we may have under applicable law or in equity. The provisions in this Section should be treated as an express reservation of our rights, including for the purposes of Section 107 of the Copyright Act.
6. Infringement Claims
Under the Digital Millennium Copyright Act of 1998 and Title 17 of the U.S. Code (the "Copyright Acts"), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the content that is claimed to be infringing, including information reasonably sufficient to allow us to locate it on the Site; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you, your agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. Notices and counter-notices should be sent to info@sullivanstudio.com. There can be penalties for false claims under the Copyright Acts; we suggest that you consult your legal advisor before filing a notice or counter-notice.
If applicable, we may designate an agent for DMCA notices and publish that information separately.
7. Liability
Nothing in these Terms shall exclude or limit our liability for fraud or for wrongful death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude obligations or liabilities.
While we endeavor to provide the best digital experience we can, we cannot and do not guarantee that the Site or any portion thereof will always be fully functional, current, or accurate. Subject to the paragraph above, we do not accept any liability for damage to any computer or device that you use to access the Site or for any loss of data. We cannot guarantee that any Content you access or download is free from viruses or other malware; you are responsible for maintaining suitable, up-to-date protection on your computer or device.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE, AND ALL ASPECTS THEREOF, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE; (2) WARRANTIES OR CONDITIONS THAT THE SITE WILL MEET YOUR REQUIREMENTS OR OPERATE WITH THE DEVICES, HARDWARE OR SOFTWARE YOU USE; OR (3) WARRANTIES OR CONDITIONS THAT YOUR ACCESS TO AND USE OF THE SITE WILL BE AVAILABLE, UNINTERRUPTED, CURRENT, OR FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SULLIVAN STUDIO OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "SULLIVAN STUDIO PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS. IN ADDITION, IF AND TO THE EXTENT SULLIVAN STUDIO IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF SULLIVAN STUDIO FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO TEN DOLLARS ($10.00 USD).
You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Site is to stop using the Site.
8. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, losses, damages, costs, and expenses (including without limitation reasonable attorneys' fees) arising out of or in connection with: (1) your access to and/or use of the Site or any portion thereof; (2) your failure to comply with these Terms or with any applicable law, rule, or regulation; or (3) your infringement, misappropriation, or violation of the Content or of any third party's intellectual property or other rights. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to the foregoing once we become aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. We reserve the right, at your expense, to assume the exclusive defense and control of any claim for which you are required to provide indemnification, and you agree to cooperate with our defense. You may not settle any such claims without our prior written consent.
9. Privacy Policy
Our collection, use, disclosure, retention, and safeguarding of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference and is available here.
10. California Privacy Rights
If you are a California resident, you may have additional privacy rights under California law, including the right to know, delete, correct, and opt out of certain uses of personal information, as applicable. Instructions for submitting privacy requests are described in our Privacy Policy or here: info@sullivanstudio.com.
11. Notice at Collection
At or before the point we collect personal information from you through the Site, we may provide a notice describing the categories of personal information collected, the purposes for which we use it, whether we sell or share it, and other information required by applicable law.
12. Cookies and Tracking Technologies
We and our service providers may use cookies, pixels, analytics tools, and similar tracking technologies on the Site. Additional information about these technologies and your choices is described in our Cookie Policy accessible via the 'Privacy Choices' panel in the footer.
13. Termination
You may terminate these Terms at any time by ceasing to access and use the Site. If you subsequently decide to resume accessing and using the Site, you will again be bound by the then-current Terms. We may terminate these Terms, in whole or in part, at any time and without prior notice or liability to you, for any reason. Any provision which by its nature is intended to survive termination will survive.
14. Severability and Waiver
If any of these Terms is found by a court or a regulator to be invalid or unenforceable, the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us, and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.
15. Force Majeure
Sullivan Studio will not be responsible and will not pay any compensation where we are prevented or delayed from performing our obligations due to an event beyond our reasonable control, including but not limited to flood, earthquake, mechanical breakdown, IT failure, fire, adverse weather conditions, acts of terrorism, or failures of gas, water, or other utilities.
16. Assignment
We may assign our rights and obligations under these Terms to another organization. In the event such a transfer takes place, we will ensure that the transfer will not affect your rights under these Terms.
17. Delay
Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things, and it will not prevent us from taking steps against you at a later date.
18. Governing Law
In the event of any dispute between you and us concerning these Terms, which shall be settled under binding arbitration in accordance with the next Section, the laws of the State of California and the federal laws of the United States shall apply, without regard to conflict-of-laws principles. Subject to Section 19, proceedings shall occur exclusively in San Mateo County, California, and you consent to their jurisdiction.
19. Arbitration Agreement and Class Action Waiver
If you are located in the United States, the following provisions apply to your use of the Site:
a. ARBITRATION AGREEMENT
By using the Site, you and Sullivan Studio agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement ("Arbitration Agreement"). Arbitration shall be before either (1) JAMS (www.jamsadr.com) or (2) the American Arbitration Association ("AAA") (www.adr.org). If you initiate arbitration, you shall have the choice between these two arbitration forums; if we initiate arbitration, we shall have the choice.
WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
The arbitration will be conducted before a single arbitrator and will be an individual arbitration; it shall in no event be commenced as a representative or class arbitration. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply; which rules apply in AAA arbitration will depend on the applicable claim. Payment of all filing, administration, and arbitrator fees will be governed by the applicable forum's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration shall be held in California. The arbitrator will apply California law.
b. CLASS ACTION WAIVER
By using the Site, you agree that the arbitration of any Dispute shall be conducted on an individual, not a class-wide, basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving Sullivan Studio or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Sullivan Studio. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action, or private attorney general action).
If the foregoing class action waiver ("Class Action Waiver") or any portion thereof is alleged to be invalid, illegal, unenforceable, unconscionable, void, or voidable, this may be determined only by a court of competent jurisdiction and not by an arbitrator.
c. Definition of Dispute
Except as described below, the term "Dispute" in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and Sullivan Studio regarding any aspect of your relationship with Sullivan Studio, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence, or reckless behavior), or any other legal, statutory, or equitable theory, and includes the validity, enforceability, or scope of these Terms, except for the scope, enforceability, and interpretation of the Arbitration Agreement and Class Action Waiver.
However, "Disputes" shall NOT include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void, or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
20. Contact
If you have any questions or complaints regarding the Site or these Terms, you can contact us at info@sullivanstudio.com or 1-650-391-9300.
For Privacy Inquiries you can contact us at info@sullivanstudio.com.