TERMS OF SERVICE
These Terms of Service ("Terms") govern your access to and use of lamfilmedit.com (the "Site") and any services provided by LAMFILMEDIT ("LAMFILMEDIT," "we," "us," or "our"). By using the Site or engaging LAMFILMEDIT, you agree to these Terms.
1. ELIGIBILITY
You must be at least 18 years old and able to enter a binding contract under Indiana law. If you accept these Terms on behalf of a business, you represent that you have authority to bind that business.
2. SERVICES
LAMFILMEDIT provides creative services including, where contracted, video production, photography, video editing, graphic design, social media content, and web development. The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate written agreement, statement of work, or proposal (a "Service Agreement"). If the Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement.
3. FEES AND PAYMENT
- → Fees are stated in the applicable Service Agreement.
- → Invoices are payable in U.S. dollars on the terms stated in the Service Agreement. Standard terms are net seven (7) days.
- → Late payments accrue interest at the lesser of 1.5% per month or the maximum permitted by Indiana law.
- → Third-party costs (software, talent, location fees, licensed music, stock, or paid media) are billed at cost, in addition to fees.
4. CLIENT RESPONSIBILITIES
- → Provide timely access to accounts, brand assets, decisions, and approvals required to deliver the services.
- → Ensure all materials you supply do not infringe any third-party rights and comply with applicable laws.
- → Maintain reasonable security on accounts shared with LAMFILMEDIT during the engagement.
5. INTELLECTUAL PROPERTY
Upon full payment of fees for a deliverable, LAMFILMEDIT assigns to you the rights you need to use that deliverable for your business as contemplated by the Service Agreement, except that:
- → LAMFILMEDIT retains ownership of its pre-existing tools, presets, project files, frameworks, and processes used in the work.
- → LAMFILMEDIT may showcase the work in its portfolio and marketing, including reproducing the deliverable, naming you as a client, and publishing results, unless you ask us in writing not to before the work begins.
- → Third-party materials (fonts, stock, licensed music, software) remain governed by their own licenses.
6. CONFIDENTIALITY
Each party will protect the other's non-public business information disclosed during the engagement, using the same level of care it uses to protect its own confidential information and no less than a reasonable standard.
7. WARRANTIES AND DISCLAIMERS
LAMFILMEDIT will perform the services with reasonable professional skill. Except for that warranty, the Site and the services are provided "as is" without warranty of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Creative outcomes depend on many factors outside LAMFILMEDIT's control. We do not guarantee specific reach, view, engagement, or business outcomes unless expressly stated in writing.
8. LIMITATION OF LIABILITY
To the maximum extent permitted by law, LAMFILMEDIT's aggregate liability arising out of or related to these Terms or any engagement, whether in contract, tort, or any other legal theory, will not exceed the fees paid by you to LAMFILMEDIT in the three (3) months preceding the event giving rise to the claim. LAMFILMEDIT is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption.
9. INDEMNIFICATION
You agree to indemnify and hold harmless LAMFILMEDIT from third-party claims arising out of your use of the Site, materials you supply, your breach of these Terms, or your violation of law.
10. TERMINATION
Either party may terminate an engagement on the notice period defined in the Service Agreement (default: thirty (30) days written notice). Fees for work performed and committed third-party costs through the effective date of termination remain payable. Sections that by their nature survive termination (IP, confidentiality, warranties, liability, indemnification, governing law) will survive.
11. GOVERNING LAW AND VENUE
These Terms are governed by the laws of the State of Indiana, without regard to conflict-of-law principles. Any dispute will be brought exclusively in the state or federal courts located in Monroe County, Indiana, and the parties consent to personal jurisdiction there.
12. DISPUTE RESOLUTION
Before filing a claim, the parties will attempt in good faith to resolve the dispute through direct discussion for thirty (30) days. If unresolved, either party may proceed in the courts identified above.
13. CHANGES TO THESE TERMS
We may update these Terms from time to time. The updated version will be posted with a new "Last updated" date. Continued use of the Site or services after the update constitutes acceptance of the changes.
14. CONTACT
Questions about these Terms? Email hello@lamfilmedit.com.