Terms and Conditions
Terms and Conditions - General Terms
This website is owned and operated by Neill Studios. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors photography and videography services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When buying or downloading an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Ashley Neill. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold Neill Studios harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
To the maximum extent permitted by applicable law, in no event shall Neill Studios, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, Neill Studios assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of North Carolina without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in North Carolina. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Videography – Special Terms
This agreement is between Ashley Neill of Neill Studios (hereafter “Videographer” “the Videographer” or “Videography Company”) and Pedro Sauer Brazilian Jiu-Jitsu Affiliate School (hereafter referred to as “CLIENT”).
This agreement is for services and products related to the videography products(hereafter “video” or “the videos”).
VIDEOGRAPHER agrees to provide pre-made video(s) for CLIENT on VIDEOGRAPHER’S website as agreed upon in these terms and conditions. Additional edit requests, such as changing the outro screen to include academy logo and contact information will be assessed by videographer at an additional fee outside of the scope of this agreement.
In consideration for the videography services provided by VIDEOGRAPHER, CLIENT agrees to pay the sum listed on VIDEOGRAPHER’s website before downloading.
Video will be available for download to CLIENT immediately on VIDEOGRAPHER’s website. CLIENT understands and agrees that the videos are the exclusive property of VIDEOGRAPHER and CLIENT has no right to these photos and videos except for a license to use them for promotional purposes for the client's business, but not to edit, share, redistribute, or resell the videos to another business or person. Client may not make edits to the pre-made video, including but not limited to: cutting, applying color or style edits, changing audio, or the like, under any circumstance; this is to preserve the integrity of the image and brand. CLIENT agrees to use the video exactly as provided by VIDEOGRAPHER. The video delivered to CLIENT is licensed for CLIENT’S use only. How many videos--included in the price--will be licensed to client, and in what resolution and file format? 1 videos, 1920x1080
If VIDEOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify videographer for any loss damage or liability; however, VIDEOGRAPHER will return in full all payments made by CLIENT to VIDEOGRAPHER in relation to this service. CLIENT agrees to indemnify and hold harmless VIDEOGRAPHER for any liability, damage, or loss related to technological failure, including data loss. CLIENT understands and agrees that VIDEOGRAPHER is not required to maintain copies of the videos from this service 60 (sixty) days after the videos have been delivered to CLIENT. CLIENT agrees to hold VIDEOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with VIDEOGRAPHER. VIDEOGRAPHER will strive to present videos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
CLIENT will obtain all permissions necessary for VIDEOGRAPHER to use logos in the final video products. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to videographer, or which prevent videographer from delivering the video(s) is not the fault, liability, or responsibility of videographer.
CLIENT agrees and understands that no other party other than VIDEOGRAPHER may utilize any video clips, graphics, or other digital effects produce by the videographer in the finished videos. The videos and all other digital media components in the video(s), including but not limited to, audio and subtitles, belong to the videographer and are not to be copied, modified, or distributed by client under any circumstances.
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific videographer. VIDEOGRAPHER may sub-contract or assign this contract to any media assistant, VIDEOGRAPHER may assign any videographers or media assistants associated with Neill Studios to perform its duties under this contract. All videographers or media assistants must be capable and competent to perform the services in a workmanlike manner.