These terms and conditions outline the rules and regulations for the use of PearlVFX’s Website and services, located at pearlvfx.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use PearlVFX if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person logged onto this website and compliant to the Company’s terms and conditions. “The Company”, “Company”, “Ourselves”, “We”, “Our” and “Us”, refers to PearlVFX, LLC. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. “Invoice” or “Contract” refers to what is sent to Client in which the Client confirms accurately describes what services will be provided by paying or signing the Invoice or Contract. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of The United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing PearlVFX, you agreed to use cookies in agreement with the PearlVFX’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, PearlVFX and/or its licensors own the intellectual property rights for all material on PearlVFX. All intellectual property rights are reserved. You may access this from PearlVFX for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from PearlVFX
• Sell, rent or sub-license material from PearlVFX
• Reproduce, duplicate or copy material from PearlVFX
• Redistribute content from PearlVFX

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. PearlVFX does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of PearlVFX,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, PearlVFX shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

PearlVFX reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant PearlVFX a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of PearlVFX; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to PearlVFX. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of PearlVFX’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy.

reCAPTCHA

We have implemented reCAPTCHA v3 on our site. Our use of reCAPTCHA v3 is subject to the Google Privacy Policy and Terms of Use. reCAPTCHA may only be used to fight spam and abuse on our site. reCAPTCHA must not be used for any other purposes such as determining credit worthiness, employment eligibility, financial status, or insurability of a user.

You acknowledge and understand that the reCAPTCHA API works by collecting hardware and software information, such as device and application data, and sending these data to Google for analysis. The information collected in connection with your use of the service will be used for improving reCAPTCHA and for general security purposes. It will not be used for personalized advertising by Google. Pursuant to Section 3(d) of the Google APIs Terms of Service, we agree that if we use the APIs that it is our responsibility to provide any necessary notices or consents for the collection and sharing of this data with Google.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Use of Phone Numbers

We value your privacy. Phone numbers collected for the purpose of SMS/A2P messaging will be used exclusively to provide the services you have requested (such as [Order Updates/Two-Factor Authentication/Notifications]).

Non-Disclosure Guarantee

• No Third-Party Sharing: Your mobile phone number will not be shared, sold, or rented to third parties or affiliates for marketing or promotional purposes.

• Strictly Functional: Data sharing with subcontractors in support of our messaging services will be limited to those necessary to deliver the messages to you.

Consent & Opt-Out

By providing your number, you consent to receive [Frequency, e.g., “occasional”] messages. You can opt out at any time by replying STOP. For help, reply HELP.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Projects

PearlVFX offers services including but not limited to video production, video editing, graphic design, and digital marketing. Upon payment for our services, you are agreeing in the Invoice or Contract to:

• Accept our service as is delivered in file formats such as: “.mp4, .png, .mov, and .jpg” and/or through linking a file via an online file-sharing platform such as Google Drive.
• Understand any accepted Invoice or Contract may cover a certain amount of hours of work, and if applicable it will be stated in the invoice sent. Any further time needed will require a new contract or invoice agreement.
• Pay PearlVFX at least 50% the total project cost, if the project cost is a flat fee, before any services are provided. If applicable, the remaining 50% is to be paid after the service is delivered. Projects billed to the Client hourly are to be paid for upon the project’s first delivery by PearlVFX, minus any upfront payment made (if applicable). Additional hours may be billed if there are revisions.
• Understand that PearlVFX does not offer refunds.
• Understand that, unless otherwise specified in the Invoice or Contract, PearlVFX is not obligated to revise the delivered service.
• Understand that Client or PearlVFX may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written, typed, or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by PearlVFX. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, PearlVFX retains ownership of all copyrights and original work created.
• Accept that, if PearlVFX is involved with videography on-location with Client, during that period of time the Client is liable for any costs of replacing equipment in the event that it is damaged or required to be replaced if deemed the fault of Client by PearlVFX.
• Understand that, upon delivery, Client retains full responsibility of provided files. PearlVFX is not responsible for storage and safe keeping of files.
• Understand that, unless strict confidentiality is requested by Client in advance of the establishment of the Invoice or Contract, PearlVFX can display materials and final work created for Client.
• Understand that the services we provide for a particular project will be described in the Invoice or Contract (for example, a “.pdf” file sent to the client’s email). These services are described and restricted to the contents contained in the invoice or contract sent to the client, and any change to the requested services would require a new Invoice or Contract before payment or signature.
• Promise to pay for the services rendered by PearlVFX for the work as agreed upon. By paying for services described in an invoice or contract sent by PearlVFX, Client agrees they have read, understood, and are considered legally bonded to these terms.