Terms of Service

Every service provided by Evie Studios abides by the below outlined Terms of Service. Before engaging our services please be sure to read and understand our Terms of Service.


Thank you for taking the time to review the below.

TERMS OF SERVICE

The following terms and conditions govern all use of the EVIE STUDIOS website and all content, services and

products available at or through the website (taken together, the Website). The Website is owned and

operated by EVIE STUDIOS (“EVIE STUDIOS”).

 

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, EVIE STUDIOS Privacy Policy) and procedures that may be published from time to time on this Site by EVIE STUDIOS (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of

the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree

to all the terms and conditions of this agreement, then you may not access the Website or use any services. If

these terms and conditions are considered an offer by EVIE STUDIOS, acceptance is expressly limited to these

terms. The Website is available only to individuals who are at least 13 years old.

Your EVIE STUDIOS Account and Site.

If you create a blog/site on the Website, you are responsible for

maintaining the security of your account and blog, and you are fully responsible for all activities that occur

under the account and any other actions taken in connection with the blog. You must not describe or assign

keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the

name or reputation of others, and EVIE STUDIOS may change or remove any description or keyword that it

considers inappropriate or unlawful, or otherwise likely to cause EVIE STUDIOS liability. You must immediately

notify EVIE STUDIOS of any unauthorised uses of your blog, your account or any other breaches of security.

EVIE STUDIOS will not be liable for any acts or omissions by You, including any damages of any kind incurred

as a result of such acts or omissions.

Responsibility of Contributors.

If you operate a blog, comment on a blog, post material to the Website, post

links on the Website, or otherwise make (or allow any third party to make) material available by means of the

Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting

from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics,

an audio file, or computer software.

By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not

limited to the copyright, patent, trademark or trade secret rights, of any third party; if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things

necessary to successfully pass through to end users any required terms; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; your blog is not named in a manner that misleads your readers into thinking that you are another person or

company. For example, your blog’s URL or name is not the name of a person other than yourself or company

other than your own; and you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by EVIE STUDIOS or otherwise.

By submitting Content to EVIE STUDIOS for inclusion on your Website, you grant EVIE STUDIOS a world-wide,

royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the

purpose of displaying, distributing and promoting your blog. If you delete Content, EVIE STUDIOS will use

reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the

Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, EVIE STUDIOS has the right (though not the

obligation) to, in EVIE STUDIOS sole discretion (i) refuse or remove any content that, in EVIE STUDIOS

reasonable opinion, violates any EVIE STUDIOS policy or is in any way harmful or objectionable, or (ii) terminate

or deny access to and use of the Website to any individual or entity for any reason, in EVIE STUDIOS sole

discretion. EVIE STUDIOS will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal.

General Terms.

By selecting a product or service, you agree to pay EVIE STUDIOS the one-time and/or monthly or annual

subscription fees indicated (additional payment terms may be included in other communications).

Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will

cover the use of that service for a monthly or annual subscription period as indicated. Payments are not

refundable.

Automatic Renewal.

Unless you notify EVIE STUDIOS before the end of the applicable subscription period that you want to cancel a

subscription, your subscription will automatically renew and you authorise us to collect the then-applicable

annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other

payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your

request to EVIE STUDIOS in writing.

Services.

Fees; Payment.

By signing up for a Services account you agree to pay EVIE STUDIOS the applicable setup fees

and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in

advance of using such services. EVIE STUDIOS reserves the right to change the payment terms and fees upon

thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days

written notice to EVIE STUDIOS.

Support.

If your service includes access to priority email support. “Email support” means the ability to make

requests for technical support assistance by email at any time (with reasonable efforts by EVIE STUDIOS to

respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes

priority over support for users of the standard or free EVIE STUDIOS services. All support will be provided in

accordance with EVIE STUDIOS standard services practices, procedures and policies.

Video Production Services.
Due to the nature of complex coordination with video productions and shoots all cancellations that fall within the following parameters will receive the penalties; 
48 hours before shoot/ project date cancellation incurs 50% of project charges, 24 hours before shoot/ project date cancellation incurs 100% of project charges. All rescheduling that fall within the following parameters will receive the penalties; 5 days before shoot/ project date reschedule incurs 25% of project charges, plus the additional quote for new date. 24-48 hours before shoot/ project date cancellation incurs 50% project charges, plus the additional quote for new date.​ Once project is confirmed, any shoot cancellation/postponement may incur charges. Evie Studios will not be held accountable for major circumstances or "acts of God" involving earthquakes, floods, rain or any such incidences, not limited to the pre-mentioned. Quotes provided are only valid for a maximum of 24 hours. If confirmed after this time period changes may occur in the total costs or provisions of the quote. Client will hold a valid insurance covering their talent(s), locations and wardrobe. Client will file their own talent/location releases or permits unless otherwise stated. Client will organise their own Public Liability Insurance (if required) unless otherwise stated. All video assets belongs to Client and Evie Studios for promotional and external uses, unless otherwise stated. Client will be responsible for keeping to the hours specified in this proposal/ the deliverables specified and for the pre-agreed delivery deadline. Crewing overtime and delivery extensions may incur additional fees, subject to availability. Rates  & Quotes proposed excludes GST unless otherwise stated.

Responsibility of Website Visitors.

EVIE STUDIOS has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s

content, use or effects. By operating the Website, EVIE STUDIOS does not represent or imply that it endorses

the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are

responsible for taking precautions as necessary to protect yourself and your computer systems from viruses,

worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is

offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies,

typographical mistakes, and other errors. The Website may also contain material that violates the privacy or

publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the

downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. EVIE STUDIOS

disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from

any downloading by those visitors of content there posted.

Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which EVIE STUDIOS links, and that

link to EVIE STUDIOS. EVIE STUDIOS does not have any control over those non-EVIE STUDIOS websites and

webpages, and is not responsible for their contents or their use. By linking to a non-EVIE STUDIOS website or

webpage, EVIE STUDIOS does not represent or imply that it endorses such website or webpage. You are

responsible for taking precautions as necessary to protect yourself and your computer systems from viruses,

worms, Trojan horses, and other harmful or destructive content. EVIE STUDIOS disclaims any responsibility for

any harm resulting from your use of non-EVIE STUDIOS websites and webpages.

Copyright Infringement and DMCA Policy.

As EVIE STUDIOS asks others to respect its intellectual property

rights, it respects the intellectual property rights of others. If you believe that material located on or linked to

by EVIE STUDIOS violates your copyright, you are encouraged to notify EVIE STUDIOS in accordance with EVIE STUDIOS Digital Millennium Copyright Act (“DMCA”) Policy. EVIE STUDIOS will respond to all such notices,

including as required or appropriate by removing the infringing material or disabling all links to the infringing

material. EVIE STUDIOS will terminate a visitor’s access to and use of the Website if, under appropriate

circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property

rights of EVIE STUDIOS or others. In the case of such termination, EVIE STUDIOS will have no obligation to

provide a refund of any amounts previously paid to EVIE STUDIOS.

Intellectual Property.

This Agreement does not transfer from EVIE STUDIOS to you any EVIE STUDIOS or third

party intellectual property, and all right, title and interest in and to such property will remain (as between the

parties) solely with EVIE STUDIOS. EVIE STUDIOS, the EVIE STUDIOS logo, and all other

trademarks, service marks, graphics and logos used in connection with EVIE STUDIOS, or the Website are

trademarks or registered trademarks of EVIE STUDIOS or EVIE STUDIOS licensors. Other trademarks, service

marks, graphics and logos used in connection with the Website may be the trademarks of other third parties.

Your use of the Website grants you no right or license to reproduce or otherwise use any EVIE STUDIOS or

third-party trademarks.

Advertisements.

EVIE STUDIOS reserves the right to display advertisements on your blog unless you have

purchased an ad-free account.

Attribution.

EVIE STUDIOS reserves the right to display attribution links such as ‘Blog at EVIE STUDIOS,’ theme

author, and font attribution in your blog footer or toolbar.

Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that

partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner

product.

Domain Names.

If you are registering a domain name, using or transferring a previously registered domain

name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet

Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and

Responsibilities.

Changes.

EVIE STUDIOS reserves the right, at its sole discretion, to modify or replace any part of this

Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or

access to the Website following the posting of any changes to this Agreement constitutes acceptance of

those changes. EVIE STUDIOS may also, in the future, offer new services and/or features through the Website

(including, the release of new tools and resources). Such new features and/or services shall be subject to the

terms and conditions of this Agreement.

Termination.

EVIE STUDIOS may terminate your access to all or any part of the Website at any time, with or

without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your

EVIE STUDIOS account (if you have one), you may simply discontinue using the Website. Notwithstanding the

foregoing, if you have a paid services account, such account can only be terminated by EVIE STUDIOS if you

materially breach this Agreement and fail to cure such breach within thirty (30) days from EVIE STUDIOS notice

to you thereof; provided that, EVIE STUDIOS can terminate the Website immediately as part of a general shut

down of our service. All provisions of this Agreement which by their nature should survive termination shall

survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and

limitations of liability.

Disclaimer of Warranties.

The Website is provided “as is”. EVIE STUDIOS and its suppliers and licensors hereby

disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of

merchantability, fitness for a particular purpose and non-infringement. Neither EVIE STUDIOS nor its suppliers

and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous

or uninterrupted. You understand that you download from, or otherwise obtain content or services through,

the Website at your own discretion and risk.

Limitation of Liability.

In no event will EVIE STUDIOS, or its suppliers or licensors, be liable with respect to any

subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable

theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute

products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that

exceed the fees paid by you to EVIE STUDIOS under this agreement during the twelve (12) month period prior

to the cause of action. EVIE STUDIOS shall have no liability for any failure or delay due to matters beyond their

reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in

strict accordance with the EVIE STUDIOS Privacy Policy, with this Agreement and with all applicable laws and

regulations (including without limitation any local laws or regulations in your country, state, city, or other

governmental area, regarding online conduct and acceptable content, and including all applicable laws

regarding the transmission of technical data exported from the Australia or the country in which you

reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of

any third party.

Indemnification.

You agree to indemnify and hold harmless EVIE STUDIOS, its contractors, and its licensors,

and their respective directors, officers, employees and agents from and against any and all claims and

expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your

violation of this Agreement.

Confidential Information.

a) The parties acknowledge a duty to not during or after the termination or completion of this Agreement to disclose without the other’s prior written permission any confidential information either concerning the other’s business, or that of the advertiser, its business plans, customers or associated companies or any other relevant information about the Commercial/s disclosed as a result of this Agreement.

b) In particular during and after the production the Production Company acknowledges its responsibility to treat in confidence all the marketing and sales information and statistics relating to the advertiser’s business.

c) Both parties shall impose obligations in terms equivalent to those above on its own personnel. For purposes of clarification all information involved in the production of the Materials is of a confidential nature and may only be discussed outside of the production/standard production procedures with the express written permission of the Company Authorised Representative.
 

Late Payments.

The Company acknowledges that any payment of the Agreed Quote later than the times required under the Payment Terms shall attract an interest rate of 2% , with interest to be calculated daily.
 

No Waiver.

Failure of any party to exercise or enforce its rights under this Agreement shall not constitute a waiver of those rights unless expressly agreed in writing between the parties.
 

Enforceability.

If one or more of the provisions of this Agreement are found to unenforceable, it shall not affect the enforceability of the other provisions, and the impacted provision shall only be read down to the extent necessary to give effect to the purposes of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between EVIE STUDIOS and you concerning

the subject matter hereof, and they may only be modified by a written amendment signed by an authorised

executive of EVIE STUDIOS, or by the posting by EVIE STUDIOS of a revised version. Except to the extent

applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be

governed by the laws of the New South Wales excluding its conflict of law provisions, and the proper venue for any

disputes arising out of or relating to any of the same will be the state and federal courts located in

Sydney, New South Wales. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this

Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial

Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.

The arbitration shall take place in New South Wales, in the English language and the arbitral decision may be

enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be

entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part

will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and

effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one

instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights

under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; XYZ

AGENCY may assign its rights under this Agreement without condition. This Agreement will be binding upon

and will inure to the benefit of the parties, their successors and permitted assigns.