Terms & Conditions
Timeless Story Site
refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
XVII. PROHIBITED USES:
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
XVIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, title, and non-infringement.
In no case shall Timeless Story, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
XIX. INDEMNIFICATION:
You agree to indemnify, defend and hold harmless Timeless Story and our, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
XX. SEVERABILITY:
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
XXI. TERMINATION:
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
XXII. LIQUIDATED DAMAGES:
Client and Timeless Story recognize it is
extremely difficult and impractical to ascertain the extent of Client’s actual damage in the event of a breach on the part of Timeless Story. Therefore, the parties agree that in the event of any breach arising from the negligence or other unintentional conduct of Timeless Story, including, without limitation, any damage to or loss of any videotape footage, Client shall be entitled to the following: IN THE EVENT OF DAMAGE TO OR LOSS OF ANY VIDEOTAPE FOOTAGE (not utilizing all the footage in the delivered product does not constitute damage or loss of footage): A percentage reduction in the price of the video, based upon the amount of actual tape-time which has been damaged, lost or not captured to storage. Client would then receive the final product, containing the footage, which was captured to storage, not lost or damaged. The return of such fees and payment of such damages shall be the sole and exclusive remedies available to
Client.
XXII. PUBLICITY RIGHTS/PROMOTIONAL USE OF IMAGES:
The parties agree that Timeless Story may use images from Client’s project for commercial use, including, without limitation, promotional videos for exhibition to other potential clients of Timeless Story.
XXIII. CREATIVE CLAUSE:
- Client grants Timeless Story full production and content control by the Client regarding all aspects of the recorded production.
- Editing Service: If Client request editing, Client grants Timeless Story full editorial, production and content control by the Client regarding all aspects of the post-production services during duration of editing of the Client’s project. In the case a particular segment of the event is either not recorded or partially recorded, it is at the sole discretion of Timeless Story as the exclusive Producer to use or not use said segment. If something was recorded that Client does not want to appear on the final edited video, the Client must instruct Timeless Story before final revision opportunity lapses. Any requests for changes that are not the result of errors by Timeless Story will be made at the current rate per hour for editing and labor. Upon final delivery of project, any changes thereafter made by the Client to the final product produced by Timeless Story will be the sole responsibility of the Client.
XXIV. OFFERS
Timeless Story may from time to time offer discounts or other offers to be applied to the products/services we offer. The submission of discounts or promotions for services offered by Timeless Story is not a guarantee of service. We maintain the right to refuse the acceptance of discounts we offer for any reason at our sole discretion.
XXV. ENTIRE AGREEMENT:
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
XXVI. CHANGES TO TERMS OF SERVICE:
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
XXVII. THIRD PARTY IMAGES:
The following are third party images used on this site and credit to the respective artist:
- USB Vectors by Vecteezy source
XXVIII. CONTACT INFORMATION:
Questions about the Terms of Service should be sent to us at info@timelessstory
What personal information do we collect?
When ordering or contacting us on our site, as appropriate, you may be asked to enter your name, email address, and information for services / products that we offer, or other details to help you with your experience. Information is transmitted using SSL encryption for security.
When do we collect information?
We collect information from you when you place an order, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you to personalize your experience, to better service you in responding to your customer service requests, ask for ratings and reviews of services or products and to quickly be able to process your transactions.
How do we protect your information?
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We use a SSL certificate for added security. Your credit card transaction information is handled through securely encrypted platforms (eg. Paypal).
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared.
– See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can be easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
- On our Privacy Policy Page
Can change your personal information: - By emailing us
- By calling us
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
- Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us by email at info@timelessstorymedia.com