Top Chalk Studio, McCo Media LLC

Shared Studio & Workspace Terms of Use (“TOU”)
Address: 900 Haddon Ave, Suite 213, Collingswood, NJ 08108

1. Acceptance of Terms

The services Top Chalk Studio, McCo Media LLC provides to you, the undersigned (including but not limited to use of office space at 900 Haddon Ave, Suite 213, Collingswood, NJ 08108; access to Internet; etc.) are subject to the following Terms of Use (“TOU”). Top Chalk Studio, McCo Media LLC reserves the right to modify and/or update the TOU (as well as the Community Norms referenced in Section 3) at any time without prior notice to you.

2. Description of Services

Top Chalk Studio, McCo Media LLC may provide you with access to studio space, work stations, lobby area, internet access, office equipment, studio equipment, knowledge resources, and other services as Top Chalk Studio, McCo Media LLC may offer from time to time pursuant to the Application and Membership Agreement (“Member Agreement”) to which this TOU is attached (collectively, the “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 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 Top Chalk Studio, McCo Media LLC server, or the network(s) connected to any such 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 Top Chalk Studio, McCo Media LLC 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 — Prohibited Conduct

When participating in or using the Services, you will not:

4.1. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming, or any duplicative or unsolicited message (commercial or otherwise).

4.2. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

4.3. Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information on or through Top Chalk Studio, McCo Media LLC servers or bandwidth.

4.4. 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 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.

4.5. Use any material or information, including images or photographs, made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

4.6. 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.

4.7. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

4.8. Restrict or inhibit any other user from using and enjoying the Services.

4.9. Violate any code of conduct or other guidelines which may be applicable for any particular Service.

4.10. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party.

4.11. Violate any applicable laws or regulations.

4.12. Create a false identity for the purpose of misleading others.

4.13. Obstruct any entranceway or create any circumstances of disrepair or damage any Top Chalk Studio, McCo Media LLC property or the Premises.

4.14. Bring any pets onto the Premises, unless you have a specific need for visual assistance or prior approval from ownership for a photoshoot.

4.15. 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, Top Chalk Studio, McCo Media LLC requests that all members, guests, and clients turn their phones to vibrate while in the Premises. We also ask that you use a headphone, or the building hallway, for calls longer than three minutes.

4.16. Otherwise violate the Member Agreement, this TOU, or any of the Community Norms.

4.17. Exceed the following usage limitations in relation to the shared studio spaces: Members may not have more than 5 individuals total in the Photography Studio, 5 in the Podcast Studio, and 1 individual in the YouTube/Streaming Studio. All monthly allotments of studio space usage included with memberships, as well as purchases of additional usage, are subject to availability of the studio spaces. Unused time does not roll over or accrue from month to month.

5. Required Disclosures

Top Chalk Studio, McCo Media LLC reserves the right at all times to disclose any information about you and/or your participation in and use of the Services as Top Chalk Studio, McCo Media LLC 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 Top Chalk Studio, McCo Media LLC’s sole discretion.

6. Confidentiality

6.1. Definition. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” means all information, in whole or in part, that is disclosed by Top Chalk Studio, McCo Media LLC 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, know‑how, 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 Top Chalk Studio, McCo Media LLC; any analyses, compilations, studies, or other documents prepared by Top Chalk Studio, McCo Media LLC 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.

6.2. Your Obligations. Your participation in and/or use of the Services obligates you to:

6.2.1. Maintain all Confidential Information in strict confidence;

6.2.2. Not disclose Confidential Information to any third parties; and

6.2.3. Not use Confidential Information in any way, directly or indirectly, detrimental to Top Chalk Studio, McCo Media LLC or any participant or user of the Services.

6.3. Ownership; No License. All Confidential Information remains the sole and exclusive property of Top Chalk Studio, McCo Media LLC or the respective disclosing party. You acknowledge and agree that nothing in the Member Agreement, this TOU, or the Community Norms—or your participation in 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 Top Chalk Studio, McCo Media LLC 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 Top Chalk Studio, McCo Media LLC does not have any liability with respect to your access, participation in, or 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, Top Chalk Studio, McCo Media LLC 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 of, 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 Top Chalk Studio, McCo Media LLC 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 Top Chalk Studio, McCo Media LLC, and even if Top Chalk Studio, McCo Media LLC 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 Top Chalk Studio, McCo Media LLC 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 ninety‑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 of Services or Membership

11.1. Top Chalk Studio, McCo Media LLC reserves the right to terminate any specific Service provided to its members at any time and for any reason, upon 24 hours’ written or posted notice, unless immediate termination is deemed necessary by Top Chalk Studio, McCo Media LLC.

11.2. Top Chalk Studio, McCo Media LLC reserves the right to relocate your workspace, raise membership rates, or cancel your membership without cause upon giving you sixty (60) days’ advance written notice.

11.3. You reserve the right to change or cancel your membership upon giving Top Chalk Studio, McCo Media LLC thirty (30) days’ advance written notice.

11.4. Top Chalk Studio, McCo Media LLC reserves the right to terminate your participation and membership upon three (3) days’ written notice to you for good cause shown, including your failure to comply with or your violation of the TOU or Community Norms, and which cause or violation remains uncorrected at the conclusion of the three‑day notice period, unless the violation is of such a nature that it cannot be remedied, or that immediate termination is required. Any decision to terminate for cause made by Top Chalk Studio, McCo Media LLC shall be final and binding upon you.

11.5. You expressly acknowledge and agree that neither the Services provided by Top Chalk Studio, McCo Media LLC nor this agreement shall in any manner constitute a landlord/tenant relationship.

11.6. Upon termination, you agree to immediately remove any and all of your personal property from the Premises.

12. Indemnification

You shall be responsible financially and otherwise for any damage or injury to any person or property on the premises of Top Chalk Studio, McCo Media LLC, caused by any act or omission, intentional or otherwise, of you or your agents, servants, employees, or guests. Further, you release, and hereby agree to indemnify, defend, and save harmless Top Chalk Studio, McCo Media LLC and Top Chalk Studio, McCo Media LLC’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 attorneys’ fees), judgments, fines, and penalties based upon or arising out of the negligent actions, errors, and omissions, willful misconduct, and/or fraud of you or your agents, servants, employees, or guests, in connection with the participation in or use of the Services. You further agree that in the event you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by Top Chalk Studio, McCo Media LLC or its respective officers and agents in connection with the defense of such claim or lawsuit.

13. Insurance

As required by the owner of the building located at 900 Haddon Ave., Collingswood, NJ 08108, Top Chalk Studio, McCo Media LLC carries Liability and Business Personal Property insurance. Top Chalk Studio, McCo Media LLC 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 Top Chalk Studio, McCo Media LLC.

14. Additional General Terms

By signing this TOU, you furthermore agree to the following additional general terms and conditions of your membership:

14.1. 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 Top Chalk Studio, McCo Media LLC’s judgment, appear unsightly from the common areas or from the outside of the building in which the Premises are situated (“Building”).

14.2. 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. These areas are not for the use of the general public and Top Chalk Studio, McCo Media LLC shall, in all cases, retain the right to control and prevent access thereto by all persons whose presence, in the judgment of Top Chalk Studio, McCo Media LLC (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.

14.3. 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; to the extent caused by you or your employees or invitees, the expense of any breakage, stoppage, or damage resulting from violation of this norm shall be borne by you.

14.4. 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.

14.5. 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).

14.6. You shall not bring upon, use, or keep in the Premises or the Building any kerosene, gasoline, or flammable or combustible fluid or material, or use any method of heating or air conditioning other than that supplied by Top Chalk Studio, McCo Media LLC.

14.7. Top Chalk Studio, McCo Media LLC 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 allowed without the consent of Top Chalk Studio, McCo Media LLC. The locations of telephones, call boxes, and other office equipment affixed to the Premises are determined by Top Chalk Studio, McCo Media LLC in its sole discretion.

Note: Top Chalk Studio, McCo Media LLC is a WIRELESS facility. No network or phone lines will be run for your space. Wireless adaptation software/hardware is available for purchase either via Top Chalk Studio, McCo Media LLC or third‑party vendors.

14.8. Upon the termination of Services, you shall deliver to Top Chalk Studio, McCo Media LLC all keys and passes for offices, rooms, and toilet rooms which have been furnished to you. In the event of the loss of any keys so furnished, you shall pay Top Chalk Studio, McCo Media LLC therefor. You shall not make, or cause to be made, any such keys; you shall order all such keys solely from Top Chalk Studio, McCo Media LLC and you shall pay Top Chalk Studio, McCo Media LLC for any additional such keys over and above the set(s) of keys originally furnished.

14.9. 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 Top Chalk Studio, McCo Media LLC.

14.10. 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 Top Chalk Studio, McCo Media LLC.

14.11. There will be no accessing the Building after hours; you shall only be permitted on the Premises with a Top Chalk Studio, McCo Media LLC member in attendance.

14.12. Without the prior written consent of Top Chalk Studio, McCo Media LLC, 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, and you may not use the address of the Building as the address of your business.

14.13. You shall cooperate fully with Top Chalk Studio, McCo Media LLC 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.

14.14. Except for Top Chalk Studio, McCo Media LLC’s gross negligence, 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.

14.15. Except with the prior written consent of Top Chalk Studio, McCo Media LLC, 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 Top Chalk Studio, McCo Media LLC.

14.16. 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 Top Chalk Studio, McCo Media LLC’s prior consent.

14.17. All freight must be moved into, within, and out of the Building under the supervision of Top Chalk Studio, McCo Media LLC and according to such regulations as may be promulgated by Top Chalk Studio, McCo Media LLC. 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 Top Chalk Studio, McCo Media LLC or its agent. In no case 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.

14.18. On weekends, there will be no access to the Studios unless agreed upon prior for special circumstances with approval of Top Chalk Studio, McCo Media LLC. Our online booking system and in‑person sign‑in and sign‑out 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. Top Chalk Studio, McCo Media LLC 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 our sign‑up forms and email conversation with ownership, or through the failure of the Building to be unlocked and open for access by you, your employees, and the general public. Nothing contained herein shall obligate Top Chalk Studio, McCo Media LLC to provide such access or to make Top Chalk Studio, McCo Media LLC liable for any act or omission or failure of such system which may be provided.

14.19. You shall not change locks or install other locks on doors without the prior written consent of Top Chalk Studio, McCo Media LLC.

14.20. You shall give prompt notice to Top Chalk Studio, McCo Media LLC 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.

14.21. Top Chalk Studio, McCo Media LLC shall have the power to prescribe the weight and position of safes or other objects which shall, if considered necessary by Top Chalk Studio, McCo Media LLC, be required to be supported by such additional materials placed on the floor as Top Chalk Studio, McCo Media LLC may direct, and at your expense. In no event can these items exceed a weight for which the floor is designed.

15. Internet Policy

Wireless access to the Internet is provided during your membership. Service interruptions, if they occur, will be handled as promptly as possible. Top Chalk Studio, McCo Media LLC 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 Top Chalk Studio, McCo Media LLC 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 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 Top Chalk Studio, McCo Media LLC reserves 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. Top Chalk Studio, McCo Media LLC may change your address, log‑in name, or password at any time. Top Chalk Studio, McCo Media LLC will assign you an IP address each time you access the Service, and it will vary. You may not assign your login name, password, or IP address to any other person. You agree not to use the Service, any Top Chalk Studio, McCo Media LLC 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:

(a) Violating any applicable law or regulation;

(b) Posting or transmitting content you do not have the right to post or transmit;

(c) Posting or transmitting content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other right

(d) 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;

(e) Attempting to intercept, collect, or store data about third parties without their knowledge or consent;

(f) Deleting, tampering with, or revising any material posted by any other person or entity;

(g) Accessing, tampering with, or using non‑public areas of the Service or any Top Chalk Studio, McCo Media LLC or related website, computer systems, or network;

(h) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;

(i) Attempting to access or search the Service or any Top Chalk Studio, McCo Media LLC or related network or website with any engine, software, tool, agent, device, or mechanism other than the software and/or search agents provided by Top Chalk Studio, McCo Media LLC or other generally available third‑party web browser;

(j) Sending unsolicited messages, including without limitation promotions or advertisements for products or services, “pyramid schemes,” “spam,” “chain mail,” or “junk mail”;

(k) Using the Service or any Top Chalk Studio, McCo Media LLC or related website or network to send altered, deceptive, or false source‑identifying information;

(l) 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 Top Chalk Studio, McCo Media LLC or related website or network;

(m) 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 Top Chalk Studio, McCo Media LLC or related website or network, overloading, “flooding,” “spamming,” “crashing,” or “mailbombing” the Service or any related website or network; or

(n) Impersonating or misrepresenting your affiliation with any person or entity.

If Top Chalk Studio, McCo Media LLC suspects violations of any of the above, Top Chalk Studio, McCo Media LLC 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 Top Chalk Studio, McCo Media LLC in investigating suspected violations.

16. Servers and On‑Premises Equipment

You shall not install, maintain, or otherwise locate at Top Chalk Studio, McCo Media LLC any computer server of any kind, whether hardware or software, without written permission from Top Chalk Studio, McCo Media LLC.

17. Miscellaneous

17.1. 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.

17.2. 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 shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

17.3. Waivers. No waiver shall be binding on Top Chalk Studio, McCo Media LLC unless executed in writing by an authorized representative of Top Chalk Studio, McCo Media LLC.

17.4. Successors and Assigns. This TOU, the Member Agreement, and Community Norms shall be binding on your heirs, legal representatives, successors, and assigns.

17.5. No Assignment. You may not assign, in whole or in part, your membership or use of the Services without the advance written consent of Top Chalk Studio, McCo Media LLC.

17.6. 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 as follows:

• If to Top Chalk Studio, McCo Media LLC: Top Chalk Studio, McCo Media LLC, 900 Haddon Ave., Suite 213, Collingswood, NJ 08108, Attn: Doug McConnell, Managing Member.

• 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 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 (e.g., Federal Express), except that notices of change of address shall be effective upon receipt.

17.7. Attorneys’ Fees. If Top Chalk Studio, McCo Media LLC 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.

17.8. Governing Law; Venue. The rights and obligations 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 New Jersey. Venue for the resolution of any dispute shall be Camden County, New Jersey.

17.9. Modification. Top Chalk Studio, McCo Media LLC may, in its sole discretion, upon notice, change the Terms of Use and Community Norms.

18. Acknowledgment and Acceptance

By electronically signing (e.g., clicking the “agree” box), you acknowledge that you have read and understood all of the terms and conditions contained in this TOU (including the attached Community Norms) and agree to be bound by them regarding your participation in and use of the Services.