SHOCK CITY STUDIOS LLC
STANDARD TERMS AND CONDITIONS OF BUSINESS
These Standard Terms and Conditions of Business (hereinafter referred to as “Terms and Conditions”) shall govern ANY requesting/ordering of Services (as defined below) from Shock City Studios LLC and/or any other Shock City Media Group LLC subsidiary (hereinafter collectively referred to as “Shock City”) as well as submission of Materials (as defined below) to Shock City. Requesting Services or submitting Materials are subject to your acceptance of these Terms and Conditions. These Terms and Conditions affect your rights and you should read them carefully. If you do not agree to be bound by, please do not request Services from or submit Materials to Shock City. The term “Materials” hereby includes any and all media assets, including without limitation, film, audio, video, digitized content, metadata, props, scripts, storyboards, artwork, prints, music cue sheets, biographies or edited footage, in whatever medium now existing or hereafter developed, as well as any and all materials and/or media assets derived there from, in whatever medium now existing or hereafter developed. Materials shall also include all materials, submitted for duplication, addition, subtraction, digitization, storage, processing, repurposing, authoring, close-captioning/subtitling, compression, manipulation, editing, conversion, encoding, transcoding, transmission, distribution, delivery or any other service or form of handling and/or ordering any Materials to be derived there from, in whatever medium then existing or thereafter developed or otherwise to be furnished by Shock City (hereinafter collectively, “Services”). Your requesting/ordering Services from or submission of Materials to Shock City constitutes an ongoing contract between you and Shock City. By ordering Services or submitting Materials to Shock City or, you agree to accept and to be bound by these Terms and Conditions. Shock City reserves the right, in its sole discretion, to modify these Terms and Conditions at any time. Any such modifications will be immediately effective upon being posted to the www.shockcitystudios.com website. Your continued ordering of Services or submission of Materials to Shock City, including following the posting of changes, will mean that you accept and agree to these Terms and Conditions. By your continued ordering Services or submission of Materials to Shock City, you hereby agree to periodically review these Terms and Conditions. If you choose not to agree to these or any modified Terms and Conditions, please do not request Service or submit Materials.
You certify that you are 18 years of age or older. If you are under the age of 18 you may utilize the Services of Shock City only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of child under the age of 18, be advised that you are fully responsible for his or her use of Shock City’s Services, including all financial charges and legal liability that he or she may incur.
- The Information Shock City Collects. Our primary goal in collecting Information is to provide you with a smooth and efficient customer experience.
- Personally Identifiable Information. The types of personally identifiable information that may be collected by Shock City includes, but is not limited to: your business name, your name, your business address, your home address, email addresses, telephone numbers, fax numbers, credit card information, social media handles and may include information about your interest in and use of various products, programs and services.
- How We Use the Information. We use your personal Information only to fulfill your requests for products, programs, and services, to respond to your inquiries about our offerings and to collect debts. We will not sell, share or rent your information to others in ways different from what is disclosed in this agreement.
- Our Commitment to Security. Shock City uses standard industry practices to safeguard the confidentiality of your Information. We are sensitive to your concerns regarding the security of using your credit cards to purchase our service. Safeguarding your privacy and confidentiality is of the utmost importance to us. We employ different security techniques to protect your Information from unauthorized access inside and outside our company. All data is maintained on secure servers and only a limited set of individuals are authorized to access those servers. These individuals are educated about the importance of proper maintenance and protection of customer data. Our servers use Secure Sockets Layer (SSL) technology. This makes it very difficult for someone to steal your credit card information. We also use encryption technologies to protect the security of your credit card and password information while we are processing your payment.
Unless you specifically decline, we may also use this information to deliver information to you, including marketing and promotional materials. We may share this information with certain third parties with whom we contract to provide Shock City or jointly branded products so that these parties can share information with you about new products and promotions that may interest you. Further, we may on occasion combine information we receive on-line with outside records to enhance our ability to market to you those products that may be of interest to you.
You may agree or may have agreed to receive certain marketing materials from us. If you have so agreed and you wish not to receive marketing materials from us, or if you decide in the future that you no longer wish to receive marketing materials, please send an email to the following address: email@example.com, telling us that you do not wish to receive marketing materials.
We can (and you authorize us to) disclose information about you to in response to a law enforcement agency or another government official’s request. We cooperate with law enforcement inquiries and may disclose personally identifiable information, in response to legal process, including in response to a court order or a subpoena, to protect the property of Shock City or the safety of our employees or others, and to investigate fraud, intellectual property Infringements or other illegal or dangerous activity.
- No show:
The deposit you put down for your session is applied to the time you booked. In the event that your deposit does not cover the time you booked, the remaining balance must be paid by you before you can book studio time again.
- For sessions less than 4 hours:
- Less than 48 hours’ notice – your deposit is forfeited and applied to booked time.
- More than 48 hours’ notice – your deposit is refunded in full.
- For sessions 4-8 hours:
- Less than 5 days’ notice – your deposit is forfeited and applied to booked time.
- More than 5 days’ notice – your deposit is refunded in full.
- For sessions longer than 8 hours (including day rate bookings):
- Less than 10 days’ notice – your deposit is forfeited and applied to booked time.
- More than 10 days’ notice – your deposit is refunded in full.
- Send such Materials to a public warehouse or to a storage company to hold in the name of, for the account of, and at your sole risk and expense, at a rate obtained in good faith Shock City or
- Destroy or make other disposition of said Materials. You agree, because of the impracticability of Shock City storing Materials for all of its clients and because you have the ultimate responsibility for your Materials, these procedures for disposition or destruction of Materials are reasonable and fair. YOU AGREE THE LIMITATION OF LIABILITY PROVISIONS OF PARAGRAPH 7 SHALL APPLY TO THE DISPOSITION OR DESTRUCTION OF MATERIALS IN ACCORDANCE WITH THIS PARAGRAPH.
- An agreement executed by all parties to the disagreement instructing Shock City respecting the Materials; or
- A certified or file-stamped copy of a court order resolving the disagreement or directing a specific distribution of all or any portion of the Materials. Shock City shall not be liable in any way to you or any other person for its failure or refusal to comply with conflicting or adverse demands concerning the Materials. You agree to indemnify Shock City, its directors, officers, employees and agents against and hold each of them harmless from any and all claims, damages, costs and expenses of any nature, including attorneys’ fees and costs, arising, directly or indirectly, out of any dispute, including ownership, access and/or any other dispute involving the Materials.
This document updated October 20, 2016
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