TERMS AND CONDITIONS

Last updated July 01, 2020

1. AGREEMENT TO TERMS

1.1  These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and MS Productions, (we, us), concerning your access to and use of MS Productions (www.mattseniorproductions.com) website as well as any related applications (the Site).

MS Productions provide the following services: Filmmaking; Videography; Photography; SUAV (drone) work in the form of inspections, cinematography, surveying, and 3D Modelling; Web Design; Illustrations and Logos; Animation’ Motion Design; and the sales of Photography Prints and Downloadable Digital Images. (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2  The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3  We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your use of the Site represents that you have accepted such changes.

1.4  We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

1.5  The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

1.7  Additional policies which also apply to your use of the Site include:

• Our Privacy Policy here, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

2. ACCEPTABLE USE

2.1  You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

2.2  As a user of this Site, you agree not to:

• Systematically retrieve data or other content from the Site to compile a database or directory without written permission from us
• Make any unauthorised use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences
• Use a buying agent or purchasing agent to make purchases on the Site
• Use the Site to advertise or sell goods and services
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
• Engage in unauthorised framing of or linking to the Site
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Make improper use of our support services, or submit false reports of abuse or misconduct
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
• Attempt to impersonate another user or person, or use the username of another user 
• Sell or otherwise transfer your profile
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
• Attempt to access any portions of the Site that you are restricted from accessing
• Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
• Delete the copyright or other proprietary rights notice from any of the content
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
• Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Threaten users with negative feedback or offering services solely to give positive feedback to users
• Misrepresent experience, skills, or information about a User
• Advertise products or services not initiated by us
• Falsely imply a relationship with us or another company with whom you do not have a relationship

3. INFORMATION YOU PROVIDE TO US

3.1  You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at: enquiries@mattseniorproductions.com.

3.2  If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

4. OUR CONTENT

4.1  MS Productions retains full copyright in all images, at all times, throughout the world, including photographic products for sale within the shop at www.mattseniorproductions.com/shop, in accordance with the Copyright, Designs and Patents Act 1988. The photographer, Matt Senior, asserts his right to be identified as the author of all images, by the words: ‘Matt Senior Photography’ and ‘© Copyright MS Productions’.

4.2  Overall, unless otherwise indicated, the Site and Services including photographs, videos, source code, databases, functionality, software, website designs, audio, text, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

4.3  Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial or personal purpose whatsoever, without our express prior written permission.

4.4  You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

4.5  We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.

4.6  The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

4.7  Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

5. OUR SERVICES

This section refers to the Services stated in (1.).

5.1  Payment by the client will be expected for the commissioned work within 30 days of the issue of the relevant invoice.

5.2  Where extra expenses or time are incurred by ourselves as a result of alterations to the original brief by the client, the client shall give approval to and be liable to pay such extra expenses or fees at the photographer’s normal rate in addition to the expenses agreed or estimated.

5.3  A booking is considered firm as from the date of confirmation and accordingly us will, at our discretion, charge a fee for cancellation or postponement to any of our Services stated in (1.): 5 working days 25% of fee, 3-4 working days 50% fee, 48 hours 75% fee, 24 hours or less, 100% fee.

5.4  If a film and/or photography commission on location has been cancelled, delayed or postponed for any reason to an alternative date, we will, at our discretion, charge a 50% fee of the day rate plus the necessary expenses.

5.5  If an SUAV (drone) commission on location has been cancelled, delayed or postponed for any reason, including weather, to an alternative date, we will, at our discretion, charge a 25% fee of the day rate plus necessary expenses.

5.6  It is our responsibility and the client’s responsibility to ensure that all the necessary clearances and permissions have been obtained to allow the Services (SUAV Flights) to be undertaken on location without hindrance or infringements of trademarks or copyrights.

5.7  It is the client’s responsibility to ensure that all the necessary clearances have been obtained to allow the Services (Filming, Photography) to be undertaken on location without hindrance or infringements of trademarks or copyrights.

5.8  We have the right to acquire, with the assistance of the client, written consent from persons who are filmed, interviewed and/or photographed.

5.9  It is the client’s responsibility to gain written parental permission when persons under the age of eighteen years are to be filmed, interviewed and/or photographed.

5.10  We will keep confidential and will not disclose to any third parties or make use of material or information communicated to us in confidence in relation to all commissions we undertake.

5.11  Clients are able to use the content we provide for any of their requirements including marketing, online and social media, promotion, print. However, clients are not permitted to re-sell the media content, unless agreed upon beforehand through written consent from ourselves, MS Productions.

6. SITE MANAGEMENT

6.1  We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

6.2  We do not guarantee that the Site will be secure or free from bugs or viruses.

6.3  You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

7. MODIFICATIONS TO AND AVAILABILITY OF THE SITE

7.1  We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. 

7.2  We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

7.3  There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

8. DISCLAIMER/LIMITATION OF LIABILITY

8.1  The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorised access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

8.2  Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.

If you are a business user: 

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• Use of, or inability to use, our Site/Services; or
• Use of or reliance on any content displayed on our Site.

In particular, we will not be liable for:

• Loss of profits, sales, business, or revenue;
• Business interruption;
• Loss of anticipated savings;
• Loss of business opportunity, goodwill or reputation; or
• Any indirect or consequential loss or damage.

9. TERM AND TERMINATION

9.1  These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at: enquiries@mattseniorproductions.com.

9.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning.

9.3  If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. GENERAL

10.1  Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

10.2  These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

10.3  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

10.4  We may assign any or all of our rights and obligations to others at any time.

10.5  We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

10.6  If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

10.7  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

10.8  This agreement shall be governed by the laws of England and Wales.

10.9  A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

10.10  In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email: enquiries@mattseniorproductions.com.