Terms and Conditions
1. Acceptance of Terms
Welcome to Aurora Visuals! By accessing or using our website, located at www.auroravisuals.com, and/or engaging our video production services, you agree to be bound by these Terms and Conditions (the "Terms"). These Terms constitute a legally binding agreement between you and Aurora Visuals, a video production studio located at 42 Skyline Drive, Asheville, NC 28801. If you do not agree with any part of these Terms, you must not use our website or services. These Terms are effective as of January 1, 2024.
2. Description of Services
Aurora Visuals offers a range of video production services, including but not limited to:
- Corporate Video Production
- Commercial Video Production
- Event Coverage
- Animation & Motion Graphics
- Video Editing & Post-Production
- Drone Videography
We strive to provide high-quality services that meet your specific needs and objectives. However, we reserve the right to modify or discontinue any service, or part thereof, at any time without notice. We are also not liable for any disruption of services, or the deletion or failure to store any content.
3. User Accounts
Certain features of our website may require you to create an account. If you create an account, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Aurora Visuals will not be liable for any loss or damage arising from your failure to comply with this section.
4. Intellectual Property
All content on our website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Aurora Visuals or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, modify, or create derivative works of any content on our website without our prior written consent.
Regarding the videos produced by Aurora Visuals, ownership of the final product is transferred to the client upon full payment of the agreed-upon fee, unless otherwise stipulated in a separate written agreement. Aurora Visuals retains the right to use snippets of videos for self-promotional purposes, such as showcasing its work on its website or social media channels, unless the client explicitly requests otherwise in writing. Raw footage and project files remain the intellectual property of Aurora Visuals.
5. Payment and Fees
Fees for our video production services will be agreed upon in writing prior to the commencement of any work. We require a deposit before beginning any project, and the remaining balance is due upon completion of the project. We accept payments via credit card, bank transfer, and other methods as agreed upon.
Late payments may be subject to interest charges. If you fail to pay any fees when due, we may suspend or terminate our services. You are responsible for all applicable taxes and other charges related to our services.
6. Client Responsibilities
The client is responsible for providing timely feedback, necessary approvals, and all materials required for the successful completion of the video production project, including but not limited to logos, brand guidelines, scripts, and any other assets. Any delays caused by the client may result in additional charges and/or adjustments to the project timeline. The client warrants that all materials provided to Aurora Visuals do not infringe on any third-party rights, including copyrights and trademarks. The client agrees to indemnify and hold Aurora Visuals harmless from any claims or liabilities arising from the use of client-provided materials.
7. Limitation of Liability
To the fullest extent permitted by applicable law, Aurora Visuals will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or in connection with these Terms or our services will not exceed the amount you paid to us for the services giving rise to the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless Aurora Visuals, its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of our website or services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.
9. Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or in connection with these Terms or our services will be brought exclusively in the federal or state courts located in Asheville, North Carolina, and you consent to the jurisdiction of such courts.
10. Changes to Terms
We reserve the right to modify these Terms at any time without notice. Any changes will be effective immediately upon posting on our website. Your continued use of our website or services after the posting of revised Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any changes. The last update date of these terms is September 27, 2024.
11. Termination
We may terminate these Terms at any time, with or without cause, and with or without notice. You may terminate these Terms by ceasing to use our website and services. All provisions of these Terms that by their nature should survive termination will survive termination, including but not limited to intellectual property provisions, warranty disclaimers, limitations of liability, and indemnification provisions.
12. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Aurora Visuals
42 Skyline Drive
Asheville, NC 28801
Phone: (828) 555-0123
Email: [email protected]
Our Legal Counsel is provided by Emily Carter, Esq.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The unenforceable term will be replaced with one that comes as close as possible to the intention of the original wording.
14. Entire Agreement
These Terms constitute the entire agreement between you and Aurora Visuals with respect to your use of our website and services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Aurora Visuals.
15. Waiver
No waiver of any provision of these Terms will be effective unless in writing and signed by Aurora Visuals. No waiver of any breach of these Terms will constitute a waiver of any other breach or of such provision.