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TERMS OF SERVICE

Legal Terms

Full Agreement The following terms and conditions govern all use of this website and all content and services available at or through this website (herein referred to as the "Services"). Services are owned and operated by TruFocus Productions ("TruFocus Productions"). The Services offered are subject to your acceptance, without modification, of all the terms and conditions contained herein and all other rules and policies (including, without limitation, our Privacy Policy) and other procedures that may be published from time to time on this website (collectively referred to as the "Agreement").

Please read this Agreement carefully before further using our website or ordering services. By accessing and using our website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all of the terms and conditions, then you may not access the website or use our Services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms. The Services are only available to individuals at least 18 years old.

You hereby accept the following:

No Violation of Laws. You agree that you will not, in connection with your use of the Services, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through TruFocus Productions Inc., or our Services, any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
Misuse of Services. You may not connect to or use the Services in any way not expressly permitted by this Agreement. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon our website or otherwise attempt to disrupt the Services or any other person's use of the Service; or (b) attempt to gain unauthorized access to TruFocus Productions Inc. or TruFocus Productions Inc. Services, Accounts registered to other persons, or TruFocus Productions Inc. computer systems or networks.
Your Account. If you login on the Services, you are responsible for maintaining the security of your account, the accuracy of information associated with your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Services. You must immediately notify TruFocus Productions Inc. of any unauthorized uses of your account or any other breaches of security. TruFocus Productions Inc. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Changes. TruFocus Productions Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. TruFocus Productions Inc. may also, in the future, offer new services and/or features through TruFocus Productions Inc. and the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms of this Agreement.
Links to Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which this website links, and that link to this website. TruFocus Productions Inc. does not have any control over external websites and web pages, and is not responsible for their contents or their use. By linking to an external website or web page, TruFocus Productions Inc. does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We hereby disclaims any responsibility for any harm resulting from your use of external websites and web pages.
Intellectual Property. This Agreement does not transfer from us to you, nor any third party intellectual property. All right, title and interest in and to such property will remain (as between the parties) solely with the original property owners. TruFocus Productions's logo, and all other trademarks, service marks, graphics and logos used in connection with TruFocus Productions Inc. or the Services are copyright, trademarks or registered trademarks of TruFocus Productions or TruFocus Productions’s licencors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any TruFocus Productions or third-party trademarks.
Termination. TruFocus Productions may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Services are provided “as is”. TruFocus Productions and its suppliers and licencors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchant ability, fitness for a particular purpose and non-infringement. Neither TruFocus Productions nor its suppliers and licencors, makes any warranty that the Services or TruFocus Productions Inc. will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services and TruFocus Productions Inc. at your own discretion and risk.
Limitation of Liability. In no event will TruFocus Productions, or its suppliers or licencors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. TruFocus Productions shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that your use of the Services will be in strict accordance with our Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside).
Indemnification. You agree to indemnify and hold harmless TruFocus Productions, its contractors, and its licencors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services or TruFocus Productions Inc., including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between TruFocus Productions and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TruFocus Productions Inc., or by the posting by TruFocus Productions Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of the state of Illinois. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. TruFocus Productions Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Video Production & Videography Terms

Digital File Ownership
When hiring TruFocus for editing services you do not own the rights to the digital project files. Such as Premiere, Photoshop, Illustrator, etc. To acquire this content you will need to pay for these assets additionally unless otherwise agreed upon during the initial invoicing.
Overtime Videography
If TruFocus is requested to stay later than the agreed upon time as per the paid upon invoice. The client agrees to pay an additional hourly fee of overtime cost at a rate of $250/hr for any of the daily videography or wedding packages.
Video Storage Hosting Via Google Drive
TruFocus will host the online video footage via “Google Drive” for up to 30 days. Because of server storage capacities the footage will be taken down after 30 days from being uploaded online. Additional fees will be charged for any requests to re-upload the footage at a later time.
Music
TruFocus provides three standard options related to music:
1) TruFocus selects from Envato.
2) You provide per film, emailing us the song.
3) You email us a library of songs to choose from.
If you provide us watermarked music for a project, we can swap at a later date to non-watermarked versions without charge as part of the standard Revision Process.
If you request TruFocus selects the song for a film, either from MotionArray, your profile or another list you provide, and then you later request a change to songs in your revision request, please note: TruFocus will not select a song a second time. When you request a song change, to a song we selected, you must advise us of a specific replacement song. If you would like us to select a second time, fees apply.
Editing Revisions
TruFocus offer up to 3 rounds of revisions for each editing project. Additional costs may incur based on the complexity of the additional hours needed for additional rounds of revisions. You can assume a minimum fee of $125 USD/hour

Terms of Sale

Schedule Changes
Any schedule changes or cancelations 1 weeks prior to the scheduled production date are subject to a 20% fee of the total project.
Any schedule changes or cancelations 24-48 hours prior to the scheduled production date are subject to a 100% fee of the total “Video Production” portion of the project.
Schedule changes may be incompatible with our availability — in which case, cancelation policies apply.
Cancelations & Fees
All orders are immediately 50% non-refundable. By contracting Services from TruFocus Productions, we reserve equipment, videographers and other resources for your video project and this reduces our availability with other customers.
All cancelations must be made at least 30 days prior to filming, any cancelation thereafter will be considered a forfeiture of 50% of the order.
Upon Arrival
Once our videographers have arrived to your specified location, at your specified time, your shoot cannot be canceled, shortened, or refunded in whole or in part.
Refunds
Service is not refundable. We are only able to refund up to 50% of the order when (a) no services have been performed, (b) the order has been canceled with advance notice as mentioned above, AND (c) we have not incurred any production expenses; e.g., booking, procurement, travel or similar expenses.
The cancelation fee is 50% of the order total, after incurred expenses have been deduced — or, 100% if not canceled within 30 days prior to filming.
Please note, we reserve personnel and gear for accepted / booked orders, and actively refuse other customers to prevent overbooking. Our cancelation fee is what allows us to confidently plan and book projects in advance.
Acts of God
TruFocus Productions may terminate this agreement and suspend fulfillment of all Services, in whole or in part, in the event of acts of God beyond our control, including war, government regulation, terrorism, natural disasters, strikes, civil disorder, curtailment of transportation, or similar emergency beyond our control, making it impossible, illegal, or commercially inadvisable, or which materially affects our ability to perform our obligations under this Agreement in whole or in part. We may also cancel any order, or suspend Services without liability.

The following terms are incorporated by reference:

Privacy Policy. This Privacy Policy describes how we collect and use information you send to us by visiting our website or by ordering service. Do not use our website and do not order our services if you do not agree to our privacy practices described in this policy.