Welcome to New Evolution Video Production (“we,” “us,” “our,” or “NEVP”). These Terms of Use (“Terms”) govern your access to and use of our website at newevolutionvideoproduction.com (the “Site”) and any services, content, or interactions offered through it (collectively, the “Services”). By using or accessing our Site or Services, you agree to these Terms. If you do not agree, please do not use our Site or Services.
1.1 Eligibility. You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction) and have full power and authority to accept these Terms.
1.2 Permitted Uses. You may access and use the Site and Services for lawful purposes only, in compliance with these Terms and applicable laws and regulations.
1.3 Prohibited Conduct. You agree not to:
Use the Site or Services in any way that violates any law or regulation;
Infringe or violate our or any third party’s intellectual property or other rights;
Upload or transmit viruses, malware, or other harmful code;
Attempt to gain unauthorized access to our systems, data, or accounts;
Interfere with the operation or security of the Site;
Use bots, scrapers, or other automated means to access or collect data from the Site without permission;
Impersonate another person or misrepresent your affiliation with anyone.
2.1 Ownership. All content on the Site (text, graphics, logos, images, videos, software, etc.) is owned or licensed by us and is protected by copyright, trademark, and other intellectual property laws.
2.2 Limited License. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Site and Services for your personal or business use — but not to reproduce, distribute, publicly display, or create derivative works, except as expressly permitted.
2.3 User-Provided Content. If you submit any content (e.g. comments, feedback, project materials) to us, you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, publish, distribute, and display that content as needed to provide and promote our Services. You represent and warrant that you own or have the rights to grant this license.
3.1 Service Engagements. Any provision of video production, editing, photography, animation or related services will be subject to a separate written agreement (e.g. proposal, contract, statement of work) specifying scope, deliverables, fees, timelines, and other terms. Those terms govern the project; these Terms serve as the baseline for use of the Site and general relationship.
3.2 Changes & Revisions. Requests for revisions or changes to deliverables may be subject to additional fees or adjustments to timeline, as agreed in writing.
3.3 Client Content. You are responsible for providing materials (scripts, logos, images, voiceovers, etc.) that are lawful and free of defects, and you warrant you have all necessary rights and permissions.
3.4 Delivery & Acceptance. Once deliverables are delivered, you may have a period (e.g. 7 days) to review and accept or request corrections. After acceptance (or lapse of review period without objection), deliverables shall be deemed final.
4.1 Fees. You agree to pay the fees set forth in the applicable project agreement. Unless otherwise stated, fees are non-refundable, except as may be required by law or specified in your project agreement.
4.2 Payment Terms. Payment schedules, deposits, and milestones will be described in the project agreement. Late payments may incur interest or suspension of Services.
4.3 Taxes. You are responsible for any sales, use, VAT or other taxes associated with the Services, except taxes on our income.
5.1 No Warranty. The Site and Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied or statutory (including warranties of accuracy, fitness for a particular purpose, non-infringement, or uninterrupted access).
5.2 Limitation of Liability. To the maximum extent permitted by law, in no event will New Evolution Video Production, its officers, employees, agents or affiliates be liable for:
Any indirect, incidental, special, consequential, exemplary or punitive damages;
Any loss of profits, revenue, data, goodwill or business interruption whether or not foreseeable;
Any damages arising from your use or inability to use the Site or Services.
Our total aggregate liability (whether in contract, tort or otherwise) arising out of or relating to these Terms or the Services will not exceed the fees you paid to us under the applicable project giving rise to the claim (or, if none, $100).
5.3 Exceptions. Some jurisdictions do not allow exclusion or limitation of certain warranties or liabilities, so some of these limitations may not apply to you.
You agree to indemnify, defend, and hold harmless New Evolution Video Production, its officers, employees, agents, and affiliates from and against all claims, demands, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to:
Your breach of these Terms;
Your content or materials you supply;
Your violation of any law or rights of a third party;
Your use of the Site or Services.
7.1 Termination by Us. We may suspend or terminate your access to the Site or Services (in whole or in part), without notice, if you breach these Terms, for legal compliance, or for any other reason.
7.2 Termination by You. You may stop using the Site or request termination of service engagements per the applicable project agreement.
7.3 Effect of Termination. Upon termination, your rights under these Terms immediately cease. Sections regarding intellectual property, disclaimers, limitation of liability, indemnification, and other provisions that by their sense should survive will survive termination.
The Site may contain links or integrations with third-party websites, services, or content. We do not control and are not responsible for their availability, accuracy, or practices. Your interactions with such third parties are solely between you and them. We disclaim all liability arising from those interactions.
Your use of personal data is governed by our Privacy Policy, which is incorporated here by reference. Please review it to understand our practices.
We may revise or update these Terms at any time, in our sole discretion, by posting the updated version on the Site. The “Effective Date” above indicates when the current version took effect. Your continued use of the Site or Services after changes constitute acceptance of the revised Terms.
These Terms and any disputes arising out of or related to them or the Services will be governed by the laws of the State of California (or your selected jurisdiction), without regard to conflict of law principles.
Any dispute will be resolved exclusively in the state or federal courts located in San Diego County, California (or another agreed-upon venue), and you consent to personal jurisdiction there.
No Waiver. Our failure to enforce any provision will not constitute a waiver of future enforcement.
Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.
Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign to affiliates or successors.
Entire Agreement. These Terms (together with any project agreement, proposals, and the Privacy Policy) constitute the entire agreement regarding your use of the Site and Services, superseding prior or contemporaneous communications and proposals.