TERMS + CONDITIONS
These services are provided by Dzyne Culture™, which is registered in Alberta, Canada under Dzyne Culture™ (“Dzyne Culture”).
2. If you do not accept these Terms please do not access and/or use the Services.
3. Dzyne Culture™ may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.
USE OF OUR SERVICES
4. You agree to use our Work for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our Work and in compliance at all times with these Terms and with all laws and regulations that apply.
5. In using our services, you agree not to adapt, alter or create a derivative work from any content provided to you, whether by adding or removing material from the Work. You will need our prior written permission if you want to use any content from our Work for any other reason. Alterations shall be deemed to include the addition of any illustrations, photographs, videos, sound, text, or computerized effects.
INTELLECTUAL PROPERTY RIGHTS
7. All rights not expressly granted to the client are reserved to Dzyne Culture™, including but not limited to all rights in preliminary materials and all electronic and non-electronic rights. For purposes of the Terms, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, USB, computer databases, network servers, and any other digital format known now or later.
8. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, or our services, are protected by copyright, trademarks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right to use the Materials other than as permitted in these Terms. All such content as listed above and copyrights or trademarks, provided to Dzyne Culture™ by clients, is considered to be owned or licensed by the client, and such license granted to Dzyne Culture™ for use, reproduction, and delivery when commissioning for any work.
9. The ownership of the Work shall remain property of Dzyne Culture™. Dzyne Culture™ reserves all reproduction rights, including the right to claim statutory copyright, in the Work. Except as specifically permitted in our client agreements, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Work without the express, written consent of Dzyne Culture®. All approved reproductions shall bear the following copyright notice: Copyright© Dzyne Culture™ 2020. All rights reserved.
10. All media published on behalf of Dzyne Culture™ on YouTube or any alternate social media avenues or websites operated by Dzyne Culture™ and its officers, employees, or contractors for the purpose of marketing and promotion is subject to being branded by the company. Media files are provided to the client for their own discretion on upload and optimization. All residential video projects are tagged with Dzyne Culture™
GRANT OF RIGHTS
11. Upon receipt of full payment, Dzyne Culture™ grants to the Client the following rights in the Work: For use online on the Clients website, any social media pages, any property listing websites, and on other promotional avenues specifically targeted towards marketing the said project. The Client may not sell the product, alone or in combination with any other material unless a transfer of copyright has been issued from Dzyne Culture™.
LIMITATION OF LIABILITY
12. In the unlikely event that all or some of the photographs, videos, or other works fail to materialize or there is total photographic failure due to reasons beyond Dzyne Culture's control, the liability of Dzyne Culture® will be limited to the refund of all money paid towards that portion of the project. If the final product has been delivered to the client for a period of 10 days, Dzyne Culture™ carries no responsibility for the loss of such material from our archive drives. Neither party shall be liable for indirect or consequential losses. In any event, the limit of Dzyne Culture’s liability shall not exceed the Package Price.
13. You accept that Dzyne Culture™ a limited liability entity has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Dzyne Culture's officers or employees in respect of any losses you suffer in connection with the website or any of the services offered by the company.
14. Jobs outside a 25-kilometer radius, or outside city limits could incur a travel charge. Travel charges are applied at the discretion of Dzyne Culture, and overnight accommodation will be charged to the Client if necessary.
ACT OF GOD
15. Dzyne Culture™ will take every care to the performance of this Agreement. But Agreement is subject to Acts of God beyond our control; i.e. Fire or Police action.
16. The Client agrees to indemnify and hold harmless Dzyne Culture™ against any and all claims, costs, and expenses, including attorney’s fees, due to uses for which no release was requested, uses which exceed the uses allowed pursuant to a release, or uses based on alterations not allowed pursuant to Paragraph 5.
PACKAGE SELECTION, PAYMENT & PRICES
17. The client must select a service, and receive an email confirmation for a project to be considered booked. There will be a $50 fee, or 20% of total package price; whichever is greater (including all travel costs if applicable) applied to cancellations made less than 24 hours notice prior to session time. Cancellation times apply to business hours – 9:00am to 5:00pm Monday to Friday. All payments must be made in full, on or before the time of product delivery. In the event that no one is at the premise where the session is to take place for 15 minutes after the session start time, the Photographer, Videographer, or other service providers will leave and the Client will be charged a $100 ‘no show’ fee or 20% of total package price; whichever is greater (including all travel costs if applicable). Any cancellation made on-site, before or during the scheduled appointment, will be subject to a $100 on-site cancellation fee per service (including all travel costs if applicable). The session ends once the Service Provider has left the premise, and if the Client chooses to add services after this point, it will constitute a separate assignment.
18. There will be a maximum of one set of edit requests per video production (if applicable on the selected package) if required by the client. Commercial video projects may have a maximum of three edit requests (if applicable on the selected package). Additional edit requests will be charged at $150/hr (minimum 1 hour).
18. Dzyne Culture™ agrees to deliver the final images for residential real estate within 2 business days from the session date. Videos can take from 2 to 7 business days to complete, and even longer for custom projects; and will be delivered accordingly. Delivery times for other services not listed should be discussed with the Dzyne Culture™ office. If the Client requests a specific delivery date, arrangements can be made and a new delivery date shall be agreed upon mutually. Commercial projects require additional business days before delivery, but arrangements can be made if requested by the client, and a new delivery date shall be agreed upon mutually.
19. All information, ie. property description, logo’s, contact information, etc must be provided to Dzyne Culture™ before the session date to avoid delay of delivery. Failure to provide information, or inadequate communication with the production team for a period of 3 days will result in the project being logged in ‘queue’. A $75 fee will be charged to un-log a project. Inadequate communication for 10 days will result in the project being archived. A $150 fee will be charged to unarchive the project. All files are deleted from archives after 6 months.
20. Completed projects must be downloaded by the client within 10 days from the delivery date. After this point, the projects are archived. A $50 fee will be charged to unarchive completed projects. Projects can only be un-archived up to 6 months from delivery date, at which point they are deleted and can no longer be recovered.
21. Dzyne Culture™, you agree to thoroughly read through our website content and familiarize yourself with our services. You represent the Dzyne Culture brand when speaking to prospective clients, and therefore must do it with the utmost respect, and professionally. You are not an employee of Dzyne Culture™, and acknowledge that you cannot engage any responsibility nor contract any obligation on behalf of Dzyne Culture™ under any circumstances.
31. A waiver or any breach of any of the provisions in this Terms Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof.