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The Parties agree as follows: 1. SERVICES: Bat Aero LLC will perform the video and photographic services (the “Services”) described by the Client at the given date, time and location (collectively referred to as the “Event”)The time and date are subject to change by Bat Aero LLC for any reason including but not limited to: personal injury, illness or act of God. 2. EQUIPMENT: Bat Aero LLC will provide their own video and UAV related equipment necessary to perform the Services. 3. OWNERSHIP, COPYRIGHT & SHARING: The Parties agree that all work performed for the Client shall be considered as works made for hire as contemplated and defined in Section 101 of the United States Copyright Act. The Parties acknowledge and agree that the Client will not hold any intellectual property rights in the recording of the Event including, but not limited to, copyright and trademark rights. Our footage is rights managed and licensed on a per project basis, meaning you can only use it on one project, per purchase. The license is good for the life of your specific project. You agree to notify Bat Aero LLC in the event that you wish to change or amend the Purpose and at Bat Aero LLCs discretion you may be charged an additional Licence Fee. Use of an Image in a manner not specifically authorised by Bat Aero LLC constitutes a breach of these Terms & Conditions and an infringement of copyright. You must ensure any notice of copyright, trade mark or other propriety right is not removed from where it is placed on or embedded in the Image. You may alter, crop, manipulate and create derivative works from the Image(s), so long as you ensure any notice of copyright, trade mark or other propriety right is not removed from any place where it is placed on or embedded in the Image. You must not incorporate Images (or any part of them) into a logo, trade mark or service mark. You may not use the Image(s) in a pornographic, defamatory, fraudulent, racist, obscene or otherwise illegal manner. Bat Aero LLC has exclusive and complete ownership in the intellectual property inherent in the recording of the Event at any time after such recording. In addition the Client agrees that Bat Aero LLC shall still maintain a exclusive, transferable, sub-licensable, royalty-free, worldwide license to use the video and/or audio recorded for the Service, in promotion or for other marketing purposes. The Client agrees and acknowledges that Bat Aero LLC may reasonably use the recording of the Event in their portfolio or for stock purchase. Further, Bat Aero LLC may display the Client’s name and logo on their website as a party with whom they have worked. 4. COST: The Client agrees to the total amount stated in their Invoice. 5. PAYMENT: Client will make a one-time payment to Bat Aero LLC for the invoiced total OR Client shall pay Bat Aero LLC prior to any work being started as a reservation fee. This fee is not refundable and will be credited to the final amount owed OR Client will pay Bat Aero LLC multiple payments over a defined term. 6. PRIVACY OF PROPERTY AND PERSONS: Client warrants that they represent the owner or authority of any location or property being filmed, and have secured permission to film the selected location and/or property outlined for the Service. Client is responsible for notifying any person that shall be present at the Event, including but not limited to: Attendees and guests, the proper authorities, owners of property, government officials, agents or representatives and any other applicable parties that video and/or audio will be recorded by Bat Aero LLC. Bat Aero agrees to not include the likeness, image, or identifiable features of any person, property, or logo if instructed by the Client or persons present at the Event. 7. GENERAL PROVISIONS: (a) All work shall be completed in a professional manner, and in compliance with all applicable laws. Bat Aero LLC will not produce any product containing, lewd, inappropriate, or derogatory language or material. (b) Bat Aero LLC shall not be liable for any delay due to circumstances beyond our control. (c) Bat Aero LLC is an independent Contractor and not an employee of the Client. (d) No modification of this Contract shall be valid unless in writing and agreed upon by both Parties. Any changes to this document must be signed by both Bat Aero LLC and the Client. (e) Client shall indemnify and hold Bat Aero LLC harmless from all liability for loss, damage, or injury to persons or property resulting from the negligence or willful misconduct of the Client. (f) Bat Aero LLC’s liability for loss, damage, or failure to deliver the Event video shall be limited to the return of all payments made. (g) This Agreement shall be construed in accordance with the laws of the state of SC and GA. (h) Neither the Client nor Bat Aero LLC may assign this Agreement without prior written consent from the non-assigning party. (i) The headings of the sections herein are for convenience only, and shall not affect the meaning of the provisions of this Agreement. (j) This Agreement constitutes the entire agreement between the Client and Bat Aero LLC, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
The Data Controller Privacy Policy This privacy statement (“Privacy Statement”) applies to the treatment of personally identifiable information submitted by, or otherwise obtained from, you in connection with the associated application (“Application”). The Application is provided by The Data Controller (and may be provided by another company on behalf of a The Data Controller licensor or partner (“Application Partner”). By using or otherwise accessing the Application, you acknowledge that you accept the practices and policies outlined in this Privacy Statement. WHAT PERSONAL INFORMATION DOES THE DATA CONTROLLER COLLECT? We collect the following types of information from our users: Personal Information You Provide to Us: We may receive and store any information you submit to the Application (or otherwise authorize us to obtain – such as, from (for example) your Facebook account). The types of personal information collected may include your full name, email address, gender, IP address, browser information, username, demographic information, and any other information necessary for us to provide the Application services. Personal Information Collected Automatically: We receive and store certain types of usage related information whenever you interact with Application. For example, THE DATA CONTROLLER may automatically receive and record information regarding your computer’s IP address, browser information, Facebook user ID, Facebook Page fan status, and URLs accessed. Such information may be shared in aggregate (non-personally identifiable) form with our partners. HOW DOES THE DATA CONTROLLER USE THE INFORMATION IT COLLECTS? THE DATA CONTROLLER uses the information described in this Privacy Statement (i) internally, to analyze, develop and improve its products and services, and (ii) as set forth below in the “Will THE DATA CONTROLLER Share any of the personal information it Collects” section below. APPLICATION PARTNER TREATMENT OF PERSONAL INFORMATION THE DATA CONTROLLER may provide personal information to the applicable Application Partner. The Application Partner’s use of your personal information is subject to the Application Partner’s separate privacy policy – and not this Privacy Statement. The Application Partner’s privacy policy is linked to from within the Partner’s Facebook application. WILL THE DATA CONTROLLER SHARE ANY OF THE PERSONAL INFORMATION IT RECEIVES? Personal information about our users is an integral part of our business. We neither rent nor sell your personal information to anyone (with the exception of sharing your information with an applicable Application Partner – see the “Application Partner Treatment” section above). We share your personal information only as described below. Application Partners: We will share your personal information with an applicable Application Partner (see the “Application Partner Treatment” section above). Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, THE DATA CONTROLLER’s agents do not have any right to use personal information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of personal information for the above purposes. Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if THE DATA CONTROLLER, or substantially all of its assets were acquired, or in the unlikely event that THE DATA CONTROLLER goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of THE DATA CONTROLLER may continue to use your personal information as set forth in this policy. Protection of THE DATA CONTROLLER and Others: We may release personal information when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of THE DATA CONTROLLER, our employees, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. With Your Consent: Except as set forth above, you will be notified when your personal information may be shared with third parties, and will be able to prevent the sharing of this information. CONDITIONS OF USE If you decide to use or otherwise access the Application, your use/access and any possible dispute over privacy is subject to this Privacy Statement and our Terms of Use, including limitations on damages, arbitration of disputes, and application of California state law. THIRD PARTY APPLICATIONS/WEBSITES The Application may permit you to link to other applications or websites. Such third party applications/websites are not under THE DATA CONTROLLER’s control, and such links do not constitute an endorsement by THE DATA CONTROLLER of those other applications/websites or the services offered through them. The privacy and security practices of such third party application/websites linked to the Application are not covered by this Privacy Statement, and THE DATA CONTROLLER is not responsible for the privacy or security practices or the content of such websites. WHAT PERSONAL INFORMATION CAN I ACCESS? THE DATA CONTROLLER allows you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list may change in the event the Application changes. - Account and user profile information - User e-mail address, if applicable - Facebook profile information, if applicable - User preferences - Application specific data CAN CHILDREN USE THE APPLICATION? Our site and the services available through THE DATA CONTROLLER are not intended for children under the age of 13. THE DATA CONTROLLER does not knowingly or specifically collect information about children under the age of 13 and believes that children of any age should get their parents’ consent before giving out any personal information. We encourage you to participate in your child’s web experience. CHANGES TO THIS PRIVACY STATEMENT THE DATA CONTROLLER may amend this Privacy Statement from time to time. Use of information we collect now is subject to the Privacy Statement in effect at the time such information is used. If we make changes in the way we use personal information, we will notify you by posting an announcement on our Site or sending you an email. Users are bound by any changes to the Privacy Statement when he or she uses or otherwise accesses the Application after such changes have been first posted. QUESTIONS OR CONCERNS If you have any questions or concerns regarding privacy on our Website, please send us a detailed message at the contact tab. We will make every effort to resolve your concerns. Effective Date: May 2, 2016