TERMS & CONDITIONS

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Terms of Service for JStudios Film and Design LLC

Effective Date: 10/20/24  

Last Updated: 10/20/24

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1. Acceptance of Terms

By accessing or using the website (jstudiosfd.com) (the "Website") or any services provided by JStudios Film and Design LLC ("JStudios Film and Design LLC," "JStudios," "we," "our," "us"), you ("user," "you") agree to comply with and be bound by these Terms of Service ("Terms"). These Terms govern your use of the Website and our services. If you do not agree with these Terms, you may not access or use the Website or services.

2. Eligibility

You must be at least 18 years old to employ our services. By using our Website or services, you represent and warrant that you meet these eligibility requirements and that all information provided during account creation or service engagement is accurate and truthful.

3. Services Offered

JStudios Film and Design LLC provides a variety of creative services including, but not limited to, video production, post-production editing, photography, and graphic design, (collectively, the "Services"). These Terms apply to all users of the Services, including visitors, registered users, and clients.

- Service Agreement: Before commencing any project, clients must sign a service agreement or contract that outlines the specific services, pricing, timelines, and deliverables.

- Customization: Services are customized to client specifications, and as such, any revisions or changes requested after project commencement may be subject to additional charges.

4. Account Registration

To access certain features of our Website or Services, you may be required to create an account. You agree to:

- Provide accurate, current, and complete information.

- Maintain and update your account details as necessary.

- Be responsible for all activities that occur under your account.

- Maintain the confidentiality of your login credentials.

If we suspect any breach of security or misuse of your account, we may suspend or terminate your account at our discretion.

5. Payments and Fees

- Pricing: All pricing for our Services is available on the Website or provided via custom quotes. We reserve the right to change prices at any time, but any changes will not affect ongoing projects already under contract.

- Payment Terms: Payment terms for Services are outlined in each Service Agreement. Depending on the scope of the project, payment may be required upfront, in installments, or upon completion of milestones.

- Late Payments: Invoices that are not paid on time may incur late fees or interest, in addition to any collection costs.

- Refunds: Refunds are not provided after or during the completion of a Service. Refunds are not provided for any work that has been completed or delivered. Due to the customized nature of our Services, we do not offer full refunds once work has commenced, except in cases of non-performance. In the case a Refund is wanted and/or required, contact JStudios Film and Design LLC directly.

6. Intellectual Property Rights

- Ownership by JStudios: All designs, graphics, videos, logos, photos, and other creative materials produced by JStudios Film and Design LLC (the "Deliverables") remain our intellectual property until full payment is received. Upon receipt of payment, ownership of the Deliverables will be transferred to the client unless otherwise specified in a service agreement.

- Use of Client Materials: If the client provides any assets (such as logos, music, or footage) to be incorporated into the Deliverables, the client warrants that they own or have the necessary rights to these materials. The client will indemnify JStudios against any claims related to intellectual property infringement.

- License to Use: Clients grant JStudios Film and Design LLC a limited, revocable, non-exclusive license to use Deliverables for promotional purposes, including showcasing work in portfolios or on the Website, unless otherwise specified in writing. JStudios reserves the right to ask, or require the client in some circumstances, to properly award credit upon use of Deliverables. Properly awarded credit is defined as but not limited to social media tagging, verbal or text mention of the JStudios Film and Design LLC brand, etc.

7. Confidentiality

Both parties agree to treat any confidential information exchanged during the course of providing the Services as strictly confidential. This includes:

- Client Confidential Information: Any materials, concepts, or discussions that are not publicly available and are disclosed to JStudios during the engagement.

- JStudios Confidential Information: Our proprietary processes, pricing models, and any trade secrets or non-public information.

Neither party will disclose the other’s confidential information to third parties without prior written consent, except as required by law.

8. Content Standards and Client Responsibilities

Clients agree not to submit or request the production of any content that is:

- Unlawful or Harmful: Including but not limited to defamatory, obscene, abusive, or infringing content.

- Violating Third-Party Rights: Including intellectual property, privacy, or publicity rights.

JStudios reserves the right to refuse to produce content that we deem inappropriate or that violates these Terms.

9. Data Collection and Privacy

- Personal Data: We collect and use personal data in accordance with our Privacy Policy (https://jstudiosfd.com/privacy-policy). By using our Website and Services, you consent to the collection and use of data as outlined in the Privacy Policy.

- Data Security: While we take reasonable measures to protect personal information, we cannot guarantee complete security of data transmitted through the internet or stored on our systems. You agree to use the Website and Services at your own risk.

10. Third-Party Services and Links

Our Website may contain links to third-party websites or use third-party services (such as payment processors). These services are not operated by JStudios Film and Design LLC, and we are not responsible for their content or practices. By using third-party services, you agree to comply with their terms and policies.

11. Disclaimer of Warranties

- "As Is" Basis: Our Website and Services are provided "as is" and "as available," without any warranties of any kind, whether express or implied. We do not warrant that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.

- No Guarantee of Results: While we strive for high-quality results, we do not guarantee specific outcomes for any creative work. The success of the final product often depends on factors outside our control, such as client input, third-party dependencies, or market conditions.

12. Limitation of Liability

To the fullest extent permitted by law, JStudios Film and Design LLC will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of our Website or Services. Our total liability for any claims related to our Services is limited to the amount paid for the specific Service that gave rise to the claim.

13. Indemnification

You agree to indemnify and hold JStudios Film and Design LLC, its affiliates, employees, and agents harmless from any claims, damages, liabilities, and expenses (including legal fees) arising from:

- Your use of the Website or Services.

- Your violation of these Terms or applicable law.

- Any claims of intellectual property infringement arising from the content or materials you provide.

14. Termination

We reserve the right to suspend or terminate your access to the Website or Services at any time, without notice, for any reason, including if you violate these Terms or engage in harmful behavior.

- Effect of Termination: Upon termination, all licenses granted to you under these Terms will cease, and any outstanding payments for Services rendered will become immediately due.

15. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions.

- Dispute Resolution: Any disputes arising out of or related to these Terms or our Services shall first be attempted to be resolved through informal negotiation. If unresolved, the dispute will be submitted to binding arbitration under the rules in Klamath Falls, Oregon. The arbitrator's decision will be final, and judgment may be entered in any court having jurisdiction.

16. Modifications to Terms

JStudios Film and Design LLC reserves the right to modify these Terms at any time. Changes will be effective when posted on this page. Your continued use of the Website or Services after changes are posted constitutes your acceptance of the revised Terms.

17. Contact Information

If you have any questions about these Terms or our Services, please contact us at:

JStudios Film and Design LLC  

contact.jstudiosfilmanddesign@gmail.com

541-238-5428