{"id":813,"date":"2022-04-08T06:57:28","date_gmt":"2022-04-08T06:57:28","guid":{"rendered":"http:\/\/box5404.temp.domains\/~yellowpr\/?page_id=813"},"modified":"2022-05-03T11:37:41","modified_gmt":"2022-05-03T11:37:41","slug":"terms-conditions","status":"publish","type":"page","link":"https:\/\/yellowproductions.com\/terms-conditions\/","title":{"rendered":"Terms & Conditions"},"content":{"rendered":"\t\t
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Terms & Conditions\n<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Definitions<\/h6>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1.1<\/strong> In these Terms and Conditions, the following terms shall have the following meanings:<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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\n\t\t\t\t\t\t\t\u201cAgreement\u201d means the Quote, and these Terms and Conditions for Services.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\u201cYellow Productions\u201d means Yellow Productions, Inc. of 4 North Water Street, Nantucket, MA 02554.\n\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\u201cYellow Productions Intellectual Property\u201d means all rights, including Intellectual Property Rights, in and to (i) Yellow Productions\u2019 proprietary underlying software, libraries, engines, subroutines and development tools and utilities (in source code and object code form), including all pre-existing intellectual property rights therein, which in each case were in existence prior to the parties entering into this Agreement or developed independently of this Agreement; and (ii) any other materials, in whatever form (including documents, information, data and software), which were in existence prior to the parties entering into this Agreement or developed independently of this Agreement.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\u201cClient\u201d means the person, firm, company or other entity who has instructed Yellow Productions to carry out the Services (as defined below) as set out in this Agreement.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\u201cClient Materials\u201d means any goods, products and materials in whatever form (including all Intellectual Property Rights in the same) provided or made available by the Client to Yellow Productions for use in connection with this Agreement, and including any digital files, master tapes, film negative prints, sound tapes, video tapes or visual images or sound held in any media.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\u201cConfidential Information\u201d means such information as Yellow Productions may from time to time provide to the Client (in whatever form including orally, written, in electronic, tape, disk, physical or visual form) relating to this Agreement and the Works, and all know-how, trade secrets, tactical, scientific, statistical, financial, commercial or technical information of any kind disclosed by Yellow Productions to the Client whether in existence prior to the parties entering into this Agreement or which subsequently comes into existence, including any copies, reproductions, duplicates or notes in any form whatsoever.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\u201cContract for Services\u201d means any subsequent contract for the provision of Services entered into between Yellow Productions and the Client pursuant to these Terms.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\u201cIntellectual Property Rights\u201d means copyright (including rights in computer software), database rights, design rights, moral rights, patents, trademarks, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing, trade or business names, and topography rights, know-how, secret formulae and processes, lists of suppliers and customers and other proprietary knowledge and information, internet domain names, rights protecting goodwill and reputation, and all intellectual property rights and forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all rights under licenses and consents in respect of any of the rights and forms of protection mentioned in this definition.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\u201cQuote\u201d means any quote or estimate presented by Yellow Productions in respect of Services to be provided to the Client.\n
\n\u201cServices\u201d means the services to be provided by Yellow Productions for the Client pursuant to the Quote and this Agreement, and includes the Works (as defined below) arising out of the Services.\n
\n\u201cTerms\u201d means these terms and conditions of business contained in this Agreement.\n
\n\u201cWorks or Deliverables\u201d means the video products and materials created, developed and produced by Yellow Productions for the Client pursuant to this Agreement.\n
\n\u201cWork Product\u201d means and includes all software formatted data files, the underlying software itself in any kind or format, and any third party software.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t1.2<\/strong> Headings used in these Terms are purely for ease of reference and do not form any part of or affect the interpretation of these Terms.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t1.3<\/strong> The words “include” and “including” shall not be construed restrictively.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t1.4<\/strong> Any reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t1.5<\/strong> Terms and services below apply to all photography and video. If \u201cfootage\u201d is listed in a term, it also stands for \u201cphotography\u201d\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Formation Of Contract\n<\/h6>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t2.1 <\/strong> The Services will be carried out in accordance with these Terms, any Quote and any subsequent Contract for Services to the exclusion of any other terms and conditions the Client seeks to impose whether orally or in writing, unless agreed otherwise in writing by the parties. \t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t2.2 <\/strong> All representations, conditions or warranties, or other terms concerning the Services which might otherwise be implied or incorporated in this Agreement, whether by statute, common law or otherwise are, to the maximum extent permitted by law, excluded from this Agreement or any variation thereof, unless expressly accepted by Yellow Productions in writing. \t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t2.3 <\/strong> Upon requesting Services from Yellow Productions, the Client shall be deemed to have accepted these Terms and these Terms shall become binding as between the Client and Yellow Productions, notwithstanding the absence of any formal acknowledgement.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t2.4 <\/strong> The Client and Yellow Productions will enter into a Quote for Services which will constitute a binding contract between the parties which shall incorporate (with any necessary changes) these Terms. In the case of any conflict or inconsistency between these Terms and any subsequent contract for services, these Terms shall take precedence.\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Prices And Terms Of Payments\n<\/h6>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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