Terms Of Services

TERMS OF SERVICE

Terms of Service

1. Terms

By accessing the website at Viva Media you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Viva Media’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on the Viva Media website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or ‘mirror’ the materials on any other server.
  2. 2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Viva Media at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
 

3. Disclaimer

  1. 1. The materials on Viva Media’s website are provided on an ‘as is’ basis. Viva Media makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. 2. Further, Viva Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
 

4. Limitations

In no event shall Viva Media or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Viva Media’s website, even if Viva Media or a Viva Media authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Viva Media’s website could include technical, typographical, or photographic errors. Viva Media does not warrant that any of the materials on its website are accurate, complete, or current. Viva Media may make changes to the materials contained on its website at any time without notice. However, Viva Media does not make any commitment to update the materials.

6. Links

Viva Media has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Viva Media of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

Viva Media may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of these terms of service.

8. Provision of RAW Footage

RAW footage will be provided to clients who submit a formal request and complete the payment of the specified fee. This fee not only includes the cost of the RAW footage itself but also encompasses all additional expenses related to its delivery, such as shipping, courier fees, and applicable taxes. The service is designed for clients who need the original, unedited video files for specific purposes, including but not limited to independent editing, archival storage, or other specialized uses that require access to the pure, unprocessed video content.

9. Non-Release of Working Files

Our policy is to withhold working or project files from release, as they encapsulate the complex, proprietary aspects of our editing and production processes. These files contain unique techniques, configurations, and specialized software plugins, which are tailored to our operational workflow and are under strict licensing agreements that prohibit reassignment or transfer. Releasing these files would not only breach intellectual property rights but also pose a risk of misuse or unauthorized distribution. Additionally, due to the technical intricacies and the specific software knowledge required to effectively use these files, providing them to clients could lead to operational challenges and devalue the overall integrity and exclusivity of the produced work.

10. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Viva Media and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.