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Terms of Service

Terms of Service

Effective Date: May 31, 2023

These Terms of Service ("Terms") govern your use of the website located at www.austinfilmcrew.com (the "Site"), which is operated by Austin Film Crew LLC ("AFC," "we," "our," or "us").

By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

1. Use of the Site

Austin Film Crew provides information about its video production, editing, storytelling, and related creative services through this Site.

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that could damage, disable, overburden, interfere with, or impair the Site or another user's use of the Site.

You also agree not to attempt to access content, systems, or information through any means not intentionally made available through the Site.

2. Electronic Communications

When you visit the Site, submit a form, or communicate with AFC by email, you are communicating with us electronically. You consent to receive communications from us electronically, including emails, notices, disclosures, and other communications related to your use of the Site or your inquiry.

3. Children

This Site is not intended for children under 13, and AFC does not knowingly collect personal information from children under 13.

If you are under 18, you may use the Site only with the involvement or permission of a parent or legal guardian.

4. Client Inquiries and Service Discussions

Information provided through the Site, including contact forms, inquiries, project discussions, and service descriptions, is for general informational and business communication purposes only.

Submission of an inquiry or request through the Site does not create a client relationship, partnership, employment relationship, or guarantee that AFC will provide services. Any project work, scope, pricing, timing, ownership, confidentiality terms, or deliverables must be agreed to separately in writing.

5. Payments, Cancellations, and Refunds

Unless otherwise stated in a separate written agreement, payments, cancellations, refunds, production schedules, revision rounds, and deliverables for client work are governed by the specific contract, proposal, estimate, invoice, or statement of work between AFC and the client.

If AFC offers any paid digital products, subscriptions, deposits, retainers, or service packages through the Site in the future, any related billing, cancellation, or refund terms will be stated at the point of purchase or in a separate written agreement.

6. Intellectual Property and Site Content

All content on this Site, including text, graphics, logos, images, videos, designs, layout, and other materials, is owned by AFC, its licensors, or its content suppliers and is protected by applicable intellectual property laws.

You may view and use the Site for your personal or internal business reference only. You may not copy, reproduce, republish, distribute, modify, create derivative works from, publicly display, transmit, sell, license, or otherwise exploit any Site content without AFC's prior written permission, except where such use is expressly allowed by law.

Use of the Site does not transfer any ownership rights to you.

7. Client Materials and Project Ownership

If you engage AFC for services, ownership of deliverables, source files, raw footage, edits, creative assets, and other project materials will be determined by the written agreement between AFC and the client.

Unless otherwise stated in a written agreement, AFC retains ownership of its pre-existing materials, production methods, know-how, tools, templates, and working processes. The client represents that it has the right to provide any materials, content, trademarks, footage, music, likenesses, or other assets submitted to AFC for use in a project. The client is responsible for ensuring that materials provided to AFC do not infringe the rights of any third party.

If ownership, licensing, usage rights, or transfer of final deliverables is important to a project, those terms should be clearly stated in the applicable client agreement.

8. Portfolio and Publicity Rights

Unless otherwise agreed in writing, AFC may display, reference, or discuss completed work for portfolio, website, social media, marketing, case study, pitch, and professional promotional purposes.

If a client requires confidentiality, non-disclosure, delayed publication, or restrictions on publicity, those terms must be agreed to in writing before public release.

9. Third-Party Links and Services

The Site may contain links to third-party websites, tools, platforms, or services. Those third-party sites and services are not controlled by AFC, and AFC is not responsible for their content, policies, availability, or practices.

The inclusion of a third-party link does not imply endorsement, affiliation, or approval unless expressly stated.

If AFC uses third-party vendors, platforms, or service providers to help operate the Site or support client communications, you acknowledge that information submitted through the Site may be processed by those service providers on AFC's behalf.

10. Prohibited Conduct

You agree not to use the Site for any unlawful, fraudulent, or harmful purpose, interfere with the Site's operation or security, attempt unauthorized access to systems, accounts, or data, upload or transmit malicious code, spam, or harmful content, misrepresent your identity or affiliation, or use Site content in a way that violates AFC's intellectual property rights or the rights of others.

11. International Use

AFC operates the Site from the United States. If you access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.

12. Disclaimer of Warranties

The Site and its content are provided on an "as is" and "as available" basis, to the fullest extent permitted by law.

AFC makes no representations or warranties of any kind, express or implied, regarding the Site, including without limitation warranties of accuracy, completeness, reliability, availability, non-infringement, merchantability, or fitness for a particular purpose.

We do not guarantee that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

13. Limitation of Liability

To the fullest extent permitted by law, AFC and its officers, directors, employees, contractors, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, revenue, business opportunities, or goodwill, arising out of or related to your use of, or inability to use, the Site.

To the fullest extent permitted by law, AFC's total liability for any claim arising out of or related to the Site will not exceed the amount, if any, that you paid directly to AFC for use of the Site.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless AFC and its officers, directors, employees, contractors, affiliates, and agents from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, your violation of these Terms, your violation of any law or regulation, your infringement of any third-party right, or any content, materials, or information you submit through the Site.

15. Arbitration

If a dispute arises out of or relates to these Terms or your use of the Site, the parties agree to attempt to resolve the matter informally first.

If the dispute cannot be resolved informally, it will be resolved by binding arbitration in accordance with the Federal Arbitration Act and the rules of the American Arbitration Association, or another mutually agreed arbitration provider.

The arbitration will be conducted by a single neutral arbitrator in a location agreed upon by the parties, or by remote proceeding if permitted by the arbitrator and applicable rules. The arbitrator's decision will be final and may be entered in any court of competent jurisdiction.

16. Class Action Waiver

Any dispute resolution proceeding, whether in arbitration or otherwise, will be conducted only on an individual basis and not as part of a class, collective, consolidated, or representative action.

You agree that you may bring claims against AFC only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

17. Termination

AFC may suspend, restrict, or terminate your access to the Site at any time, without notice, if AFC believes you have violated these Terms or used the Site in a manner that could harm AFC, the Site, or others.

18. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles.

Subject to the arbitration provisions above, any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought in a court of competent jurisdiction in Texas.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms constitute the entire agreement between you and AFC regarding your use of the Site and supersede any prior or contemporaneous understandings, communications, or proposals relating to the Site, except where a separate written agreement applies.

21. Changes to These Terms

AFC may update these Terms from time to time. The updated version will be posted on this page with a revised effective date. Your continued use of the Site after any changes become effective constitutes your acceptance of the revised Terms.

22. Contact

If you have questions about these Terms, you may contact:

Austin Film Crew LLC

Email: info@austinfilmcrew.com

Contact Us

Questions about these terms?

AFC welcomes your questions or comments regarding these Terms.

info@austinfilmcrew.com
Websitewww.austinfilmcrew.com
Effective as ofMay 31, 2023
Austin Film Crew

Permanent public experiences

501 St. James Street, Suite B

Gonzales, Texas 78629

432-386-3702info@austinfilmcrew.com

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