Terms & Conditions

VIVID CORE MUSIC INC.

STANDARD TERMS AND CONDITIONS OF BUSINESS

These Terms and Conditions (herein referred to as “Terms”) govern all requests for Services and submissions of Materials (as defined below) from Vivid Core Music Inc. and/or any other subsidiary of Vivid Core Media Group (herein referred to as “Studio”). By requesting Services or submitting Materials, you agree to be bound by these Terms. If you do not agree, do not request Services or submit Materials.

Materials include all media assets such as film, audio, video, digitized content, metadata, props, scripts, storyboards, artwork, prints, music cue sheets, biographies, and edited footage in any medium. Services include duplication, addition, subtraction, digitization, storage, processing, repurposing, authoring, close captioning/subtitling, compression, manipulation, editing, conversion, encoding, transcoding, transmission, distribution, delivery, or any other handling or ordering of Materials. By requesting Services or submitting Materials, you enter into an ongoing contract with the Studio.

The Studio reserves the right to modify these Terms at any time. Any modifications will be effective immediately upon posting on the www.vividcoremusic.com website. Continued use of Services or submission of Materials after changes are posted constitutes acceptance of the modified Terms. It is your responsibility to periodically review the Terms. If you do not agree to the modified Terms, do not request Services or submit Materials.

If you are under 18, you may only use the Services with supervision from a parent or legal guardian who agrees to these Terms. Parents or legal guardians are fully responsible for their minor’s use of the Studio’s Services, including financial charges and legal liability.

1. Privacy Policy: Your privacy is our priority. This policy outlines the information we collect as Studio, how it is used, and the choices you have regarding its use.

a. Collected Information: Our goal is to provide you with a seamless customer experience.

b. Personal Information: The personal information we may collect includes: business name, name, email, phone, fax, credit card information, and interests in our products and services.

c. Use of Information: We use your personal information for fulfilling requests, responding to inquiries, and collecting debts. We won’t sell, rent, or share it in any manner other than what’s stated in this policy.

With your consent, we may also use your information to deliver marketing and promotional materials and share it with third parties who contract with us to provide Studio or co-branded products. Your information may be combined with outside records to better market to you. You can opt out of receiving marketing materials by sending an email to info@vividcoremusic.com.

Agents and contractors with access to personal information must protect it in accordance with this policy.

In response to a government request, we may disclose information about you. We also cooperate with law enforcement and may disclose personal information in response to legal process, to protect Studio’s property or employees, and to investigate illegal activities.

In the event of a business acquisition, Studio may share your information with the new entity, who will be bound by this policy.

d. Security Measures: Studio uses industry standard practices to protect your information. Our servers are secure, and access is limited to authorized individuals. We use SSL and encryption technologies to protect your credit card information during payment processing.

Please note that while we believe we have appropriate measures to safeguard your personal information, we cannot guarantee that it will never be disclosed in an inconsistent manner.

2. User Information and Security: The client agrees to provide accurate, up-to-date, and complete registration data for setting up an account with Vivid Core Music to access the services offered. Vivid Core Music may terminate the client’s access if any information provided is found to be inaccurate, false, or misleading.

Clients are responsible for maintaining the confidentiality of their account and password and for restricting access to their computer and devices, and they agree to accept responsibility for all activities that occur under their account or password. Vivid Core Music reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

3. Client Materials: The client agrees to provide Materials for Services in a timely manner. The Studio reserves the right to refuse to accept any Materials that are deemed inappropriate, illegal, or violate these Terms.

The client retains all ownership rights to the Materials. However, the client grants the Studio a non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the Materials solely for the purpose of providing the requested Services.

4. Payment: The client agrees to pay all fees and charges associated with the requested Services as outlined in the Studio’s pricing schedule. Payment is due upon receipt of invoice. Late payments may incur additional charges or result in the suspension of Services.
5. Limitation of Liability: The Studio is not liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use or inability to use the Services or Materials provided. The Studio’s liability is limited to the amount paid by the client for the Services rendered.
6. Indemnification: The client agrees to indemnify and hold the Studio, its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, demand, or damage (including legal fees) arising out of the client’s use of the Services or Materials, violation of these Terms, or infringement of any intellectual property or other right of any person or entity.
7. Termination: The client may terminate the contract at any time by providing written notice to the Studio. The Studio may terminate the contract for any reason by providing written notice to the client. Upon termination, the client must pay any outstanding fees owed to the Studio.
8. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America. Any legal action or proceeding arising out of or relating to these Terms shall be exclusively brought in the federal or state courts located in California, and the parties consent to the personal jurisdiction of such courts.
9. Entire Agreement: These Terms constitute the entire agreement between the client and the Studio regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or representations.
10. Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
11. Waiver: The failure of the Studio to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.
12. Contact Information: If you have any questions or concerns regarding these Terms, please contact us at info@vividcoremusic.com.

Effective date: June 1, 2023