Terms of Service

Last Updated: 2024

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the website operated by MIDNIGHT EMBERS PRODUCTIONS LIMITED ("we", "our", or "us") at https://midnightembersmedia.com (the "Website") and our post-production services (the "Services").

We are a company registered in England and Wales (Company Number: 13985874) with our registered office at 20 Wenlock Road, London, N1 7GU, United Kingdom.

By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or Services.

2. Definitions

"Company" means MIDNIGHT EMBERS PRODUCTIONS LIMITED
"Website" means https://midnightembersmedia.com and all associated pages
"Services" means our post-production services including but not limited to video editing, color grading, motion graphics, visual effects, and audio post-production
"Client" means any individual or entity that engages our Services
"Content" means any materials, footage, images, audio, or other content provided by the Client

3. Use of Website

3.1 Permitted Use

You may use our Website for lawful purposes only and in accordance with these Terms.

3.2 Prohibited Uses

You agree not to:

Use the Website in any way that violates applicable laws or regulations
Transmit any malicious code, viruses, or harmful materials
Attempt to gain unauthorized access to any part of the Website
Use the Website to collect or harvest personal information about others
Impersonate or misrepresent your affiliation with any person or entity
Interfere with or disrupt the Website or servers connected to the Website

4. Intellectual Property

4.1 Our Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, and software, is the property of MIDNIGHT EMBERS PRODUCTIONS LIMITED or its licensors and is protected by UK and international copyright, trademark, and other intellectual property laws.

4.2 Client Content

Clients retain all rights, title, and interest in and to their Content. By providing Content to us, Clients grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Content solely for the purpose of providing our Services.

4.3 Deliverables

Upon full payment, Clients receive ownership of the final deliverables created as part of our Services, subject to any third-party rights in underlying materials. We retain the right to use deliverables for portfolio and promotional purposes unless otherwise agreed in writing.

5. Services

5.1 Service Agreements

Specific terms for Services will be agreed upon in writing between the Company and the Client, including scope of work, timelines, deliverables, and fees. These Terms apply to all Services unless specifically modified by a written service agreement.

5.2 Client Responsibilities

Clients are responsible for:

Providing all necessary Content in agreed formats and quality
Obtaining all necessary rights, licenses, and permissions for Content
Providing timely feedback and approvals
Making payments according to agreed terms

5.3 Our Responsibilities

We will:

Provide Services with reasonable skill and care
Maintain confidentiality of Client Content
Deliver work according to agreed specifications and timelines
Comply with all applicable laws and regulations

6. Payment Terms

Payment terms will be specified in individual service agreements. Generally:

Fees are quoted in British Pounds (GBP) unless otherwise stated
Payment may be required in installments for larger projects
Final deliverables are provided upon receipt of full payment
Late payments may incur interest charges as permitted by law

7. Cancellation and Refunds

Cancellation terms will be specified in individual service agreements. Generally:

Clients may cancel Services with written notice, subject to payment for work completed
We reserve the right to cancel Services for non-payment or breach of these Terms
Refunds, if applicable, will be processed according to the service agreement

8. Limitation of Liability

To the maximum extent permitted by English law:

Our total liability for any claim arising from or in connection with our Services shall not exceed the total fees paid by the Client for the relevant Services
We shall not be liable for any indirect, consequential, or special damages
We shall not be liable for any loss or damage to Client Content, except where caused by our gross negligence

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited by law.

9. Indemnification

Clients agree to indemnify and hold harmless MIDNIGHT EMBERS PRODUCTIONS LIMITED, its directors, employees, and agents from any claims, damages, losses, or expenses arising from:

Client's breach of these Terms
Client's Content infringing third-party rights
Client's use of deliverables in violation of applicable laws

10. Confidentiality

We will maintain the confidentiality of all Client Content and proprietary information, except:

When required by law or court order
When necessary to provide our Services
When information is already publicly available
When we have Client's written consent

11. Data Protection

Our collection and use of personal data is governed by our Privacy Policy, which complies with UK GDPR and the Data Protection Act 2018.

12. Disclaimers

The Website and Services are provided "as is" and "as available" without warranties of any kind, either express or implied, except as required by law. We do not warrant that:

The Website will be available at all times or free from errors
The Website is free from viruses or other harmful components
The Services will meet all Client requirements

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the Website or Services after changes constitutes acceptance of the modified Terms.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with any written service agreements, constitute the entire agreement between you and MIDNIGHT EMBERS PRODUCTIONS LIMITED regarding the Website and Services.

17. Contact Information

If you have any questions about these Terms, please contact us:

MIDNIGHT EMBERS PRODUCTIONS LIMITED
Email: contact@midnightembersmedia.com
Registered Office: 20 Wenlock Road, London, N1 7GU, United Kingdom