Terms and Conditions
Terms and Conditions (“Terms”)
Last updated: March 16, 2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the alarmclockfilms.com website which includes any subdomain of the website (the “Service[s]”) operated by Alarm Clock Films, LLC. (“us”, “we”, or “our”).
A person that requests services and/or receives a unique ID validating the request to those services is herein called the Client[s].
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Alarm Clock Films.
Alarm Clock Films has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Alarm Clock Films shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of Wyoming, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Time of Services
Time of Services refers to the time we extend our services to you. Our Pre-Production Services lasts until we deliver you a final script.
Our Production Services lasts until we complete the filming your project(s). Our Post-Production Services end when a final edit is approved by the Client. Our Digital Distribution and Interactivity Services lasts until we complete the process of delivering your film in it’s final destination and is in final form. Anything beyond that is not our responsibly and our services to you will end immediately. If you would like to request another service please submit another request.
When using this site and/or filling out forms, you may be charged. These charges may include but are not limited to submission fees, processing fees and or services fees. The user agrees to pay these fees if requested at any time without prier notice. We and or other third parties may have payment information on record. We will never sell your information to any third parties, period. We may request credit card information, bank information or acquire the information to conduct a wire transfer at any time during the time of services. All fees and charges are final, no refunds.
SSL Secure Forms
We may ask Clients for sensitive information information and this information may be sent through a secure form. We take client security vary seriously. That is why we use HTTPS and modern cryptography to secure your information. The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Termination of Services
Alarm Clock Films reserves the right to terminate services provided to the client at anytime and for any reason. An email will be sent to the client determining why the services have been canceled, and will provide the client all the materials created for them before the termination. The client will have ten days to download the materials off of our systems. If the client chooses not to download the materials created for them within the ten days the materials will be inaccessible. If the client would like to terminate the services they may ask and, like us, must provide a reason for the cancellation of the services. At which time this request is received all client information will be erased from all local and third party systems.
Storing Client Information
We store client information in many different form and ways. Including physical and electronic ways of storing information. Client information is stored physically on our systems first. Information such as video exports, audio, text, screenplays, contracts and other information related to the project. Other information is stored on secure servers which are protected by Passwords that are generated by a computer. The information behind these servers is vital to our clients and may include but may not be limited to physical addresses, emails, phone numbers and or payment information. After the time of services this information is kept on file in order to keep in contact with our clients. This information will never be shared to any third party, ever.
Use of Third Party Applications and Services
We use third party applications and services to store information about you. Alarm Clock Films has not control over the security of these services or cannot grantee it’s absolute security. Services include but are not limited to: Google (including all services e.g. Youtube), Celtx.com, Domain.com, Dropbox.com, Jotform.com, Jwplayer.com and Vimeo.com. For a complete list, please contact us.
Standard Rates Policy
Our standard rate is the amount of money we charge for our services. This rate can be changed at anytime. We will notify all of our current and potential clients about this change approximately thirty days prior to the change taking affect. There will be a reason given for the change and usually comes with significant client benefits along with that the rate change its self. Clients can visit the website linked in the email for more detailed information on these changes. To learn more about or standard rate please contact us.
On some of our videos you might see information about an “Exclusive License” to a name, company or entity [herein called “holder”]. The License grants the holder a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) to use in promotion with their business or presentation under the current licenses terms. This definition may be modified in the initial contract to the client. If provided, this definition is obsolete.
Third Party Monthly Charges and Fees
Some services may require you to pay us and or third parties on a month to month basis. If in place the client will be required to send us money every month on time as stated in the initial contract. These charges will be sent to a third party for payment of services including but not limited to advertising, distribution, press releases/kits, interactivity services, or other third party services. We may charge a fee to automatically pay these services month to month so you are not required to.
Use of Transmitted Information, Trademarks and Logos
Any and all information sent to us be it electronically, physically or by other means, may be used without prior permission for promotional purposes. This information may be available to the public, posted on social media and on our website. Clients will retain their intellectual property including trademarks, patents or copyrights. Clients who contact us on behave of an organization, company or corporation automatically gives us the right to use their logo(s) in conjunction with any products or services produced.
Standards of Communication
During the Time of Services the Client will be contacted about the progress of the requested services. The Client is expected to respond to all official emails sent by Alarm Clock Films. If the Client does not respond in a timely manner to these communications, the Client will be issued a warning. If the client does not respond to these warnings, it may result in a fine and or the Termination of Services provided to the Client.
Views Expressed Disclaimer
The views, thoughts, and opinions expressed in Client videos, belong solely to the Client and do not necessarily reflect the views, thoughts, and opinions of Alarm Clock Films, our employees, committees or other groups.
Most jobs require video production insurance. This provides risk protection to our clients and our company. Alarm Clock Films, LLC maintains equipment insurance with ATHOS INSURANCE SERVICES. The client will be charged for production insurance through Athos, unless stated differently in the contract.
We require the client to pay a Standard Mileage Rate of 75 cents per mile for traveling, and additional charges many be needed for shipping gear to a location if required.
We may rent various types of film gear to complete a project. The client will be responsible for paying all gear rental fees.
Hiring Third Party Specially Vendors
We may at any point during the time of services hire third party services to preform specialty tasks on our behave. This may include but might not limited to aerial drone, photography, voice over, talent, branding, logo creation, motion graphics, graphic design, SEO, HTML5, CSS, internet marketing services and more. The client agrees to pay for these services if required for the project.
Clients may see fees for “Technology” on invoices or estimates. These fees help us maintain our systems and allow us to rent compute power if and when we need it. The client agrees to pay all associated fees.
If you have any questions about these Terms, please contact us.