This Terms of Service Agreement ("Agreement") is between you, the customer ("You" or "Customer"), and Book Candy Studios ("BCS", "We", "Our" or "Us").

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1. Product Creation and Delivery Schedule: BCS guarantees that all materials used in the creation of the deliverable, excluding customer-supplied materials, are licensed and royalty-free. On a per-project basis, BCS may employ third-party AI video generation tools to create video assets. Should BCS use AI video generation tools, all generated video assets will be disclosed to the Customer for approval prior to inclusion in the final deliverable. The timeline for customer orders is dependent on BCS’s production schedule and availability. For orders involving multiple deliverables, BCS will execute these in a sequential manner, rather than simultaneously. BCS is not liable for delays or failures to perform due to events beyond its reasonable control, including but not limited to third-party service outages, natural disasters, or governmental actions.

2. Purpose and Restrictions on Use of Deliverables: The deliverable crafted by BCS is intended exclusively for internet advertising and promotional use. Redistribution, licensing, or selling of the deliverable is strictly prohibited. Moreover, the Customer is not permitted to claim copyright on any individual media elements, such as images, videos, music, or AI-generated assets, that are part of the deliverable composite.

3. Liability Protection for BCS: Except in cases of BCS’s gross negligence or willful misconduct, BCS shall be held harmless against any accusations or legal actions of libel, copyright, or trademark infringement related to the creation and use of the deliverable that might be initiated against the Customer. Upon acceptance of the final deliverable, which may include approved AI-generated video assets, BCS shall be held harmless against any accusations or legal actions of libel, copyright, or trademark infringement related to the creation and use of the deliverable that might be initiated against the Customer. BCS is not liable for violations of third-party advertising platform policies arising from Customer’s use or modification of the deliverable after delivery.

4. Customer-Supplied Materials: In cases where the Customer provides BCS with creative materials for use, the Customer confirms their full ownership of the copyright to these materials or that they have obtained the necessary permissions from the rightful copyright owners. The Customer agrees that any materials provided to BCS may be used on third-party AI image and video cloud services for the purpose of creating or enhancing the deliverable. Customer warrants that any materials provided comply with the terms of service of third-party AI image and video cloud services used by BCS. The Customer agrees to indemnify BCS and hold BCS harmless against any potential legal actions of libel, copyright, or trademark infringement, or violations of third-party AI service terms, that might be initiated against BCS due to the use of these customer-supplied materials. BCS will take reasonable measures to protect customer-supplied materials but is not liable for data breaches or privacy violations occurring on third-party AI cloud services. Customer acknowledges that materials submitted may be processed on external platforms and warrants compliance with applicable privacy laws.

5. Right to Reject Materials or Requests: BCS retains the right to decline any creative materials or requests from the Customer that might contradict BCS’s design methodology, production procedures, or brand identity.

6. Ownership of Intellectual Property: BCS will retain full ownership of the license and intellectual property rights of the individual components (e.g., stock footage, music, photographs, etc.) incorporated in the final deliverable. BCS maintains full ownership and copyright on all AI-generated images and video assets incorporated into the Customer’s derivative work, subject to the terms of service of third-party AI tools. BCS is not liable for any claims alleging that AI-generated outputs infringe on third-party rights due to the AI tool’s training data or processes.

7. Third-Party Terms and Conditions: BCS is not accountable for any terms and conditions imposed by third parties that may pertain to the digital distribution of the deliverable or the results of advertising initiatives.

8. Warranty Disclaimer: BCS provides deliverables “as is” and disclaims all implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted by law.

9. Payment and Termination: Full payment is required before BCS starts production on a project. No refunds will be issued once work on the project has begun, regardless of Customer’s rejection of the deliverable after approval.

10. Legal Authority and Governing Law: BCS is a legally established corporation with the authority to engage in such work. This Agreement, including its interpretation and any disputes that may arise hereunder, will be governed by and construed in accordance with the laws of the State of Georgia, United States. Any disputes arising under this Agreement shall be resolved through binding arbitration in Atlanta, Georgia, under the rules of the American Arbitration Association.

 

By engaging BCS’s services, the Customer agrees to abide by the above terms and conditions.