Please view our terms and conditions below. These terms and conditions are applicable to you upon your accessing the Site and/or completing any registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by AlightDigital without notice at any time for any reason.
All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on AlightDigital.com and all content (including all applications) located on the site shall remain vested in AlightDigital. You may not copy, reproduce, republish, disassemble, download, post, broadcast, transmit, make available to the public, or otherwise use AlightDigital content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any AlightDigital content except for your own personal, non-commercial use. Any other use of AlightDigital content requires the prior written permission of AlightDigital. The names, images and logos identifying AlightDigital and the AlightDigital products and services are subject to copyright, design rights and trade marks. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of AlightDigital.
All payment through the website is in pounds sterling (GBP).
The AlightDigital refund policy is only related to products or services bought from the AlightDigital website. A complete refund will be offered for any products or services purchased if the purchase is cancelled prior to technical development work being carried out or a location visit by one of our consultants. If any work has been carried out or any costs have been incurred, the costs will be deducted from the refund. The cancellation of any services takes affect from the moment we receive your notification, either by email or by telephone. Once an AlightDigital consultant has visited your property or location, no refund is available due to time and travel costs incurred.
Interruption of services
We use a third party hosting company to host all AlightDigital products including websites we undertake and host. Although we use a reputable Company which has a good track record in “up-time” AlightDigital cannot be held responsible for third party interruptions to any services.
Services can be bought from outside of the UK. In this case you must check with AlightDigital centrally if we can support your requirements before purchasing any of our services. AlightDigital operate on a national basis in the UK and in an increasing number of countries overseas. Any charge for refunds will be met by the purchaser.
Every AlightDigital / AlightDigital.com project is governed and bound by these terms and conditions, so please make sure you’re happy with them before agreeing your project.
For questions relating to the terms and conditions, please email us.
Payment types accepted are BACS, invoicing Paypal, cheque or in certain prior agreed circumstances, cash. All payments will be invoiced before project completion.
Cancellations made 7 working days prior to the agreed shoot date will be subject to a 20% fee of the total quote amount.
Cancellations made 3 working days prior to the agreed shoot date will be subject to a 50% fee of the total quote amount.
Cancellations made on the day of the agreed shoot will be subject to 100% of the total quote amount.
When the first drafts are completed the client will have an initial 5 working days to request changes. However, you do have a total of 28 days to request changes after the invoice has been completed.
Late invoices will incur a fee of 2.5% every 28 days the account remains unpaid.
AlightDigital reserve the right to re-poses any material or services that have been associated with the project while an account remains in arrears. Continuing to display work produced by AlightDigital will be in breach of copyright law, and could result in legal action.
Large projects covering multiple locations require a 50% deposit at least 5 working days prior to the agreed first shoot date. This cannot be refunded if the project is cancelled by you (the client) after shooting has begun, however the amount is refundable if we (AlightDigital .) are unable to fulfil our responsibilities set out in the initial project discussions.
Quotations & Pricing
Quotations remain valid for 28 days from date sent.
Quotations will contain any additional charges that we (AlightDigital) estimate will be incurred. Should there be any extra charges made during the project, we will notify the designated shoot contact prior to continuing any work.
Our pricing is subject to change without notice. This could be an increase, or decrease in advertised or previously quoted rates. This also applies to white label customers. A fixed pricing plan can be agreed, although this will be subject to review every 6 months.
Copyright & Usage
AlightDigital remain the copyright holders of all work produced, this includes all:
– Post Production
– Website Design
– Printed Media
– Virtual Environments (Tours, SWF, QTVR, DEVAL VR or Java formats)
AlightDigital reserve the right to display on it’s work the standard copyright logo (c) plus year of creation and / or the words ‘Content by AlightDigital.com’ or ‘Photography by AlightDigital.com’.
White Label work is the only exception to copyright, although the work will still be subject to copyright laws and will be copyright AlightDigital.
All work produced by AlightDigital can only be used as agreed during the initial project discussions. If the work produced is used in a way that may be in conflict with AlightDigital’s working ethics or practices or used in direct competition we reserve the right as copyright holders to reposes work created.
Virtual Environments created as part of our white label service and / or regular service must not be used to sell virtual environments that will not be created by AlightDigital.
Finished projects will be featured within our ‘portfolio’ section, and at certain times, featured within our website and home page. This also applies to white label work.
It is the clients responsibility to ensure the locations are ‘dressed’ and suitable for the shoot and to the standard they expect. AlightDigital photographers will not ‘dress’ a location and will shoot the rooms as presented. Any photography that requires a re-shoot due to a lack of preparation will be charged for as per our pricing structure.
If delays are attributed to lack or preparation on the client’s side, additional charges will be made on the final invoice at our standard rate of £50 per hour.
Health & Safety regulations are the responsibility of the client and site owner. If our photographer feels his safety may be in danger he has the right to stop all work. This delay will be charged at a rate of £50 per hour, and will be shown on the final invoice, unless otherwise agreed.
Models / live subjects used within photography / virtual environments that are under the age of 18 will need to have permission (completed model releases must be signed) from a parent / legal guardian. Where possible, this must be arranged prior to the shoot to avoid any delays.
Models / live subjects used within photography / virtual environments will need to have given permission (completed model releases must be signed) for their picture to be taken and used within your project. Where possible, this must be arranged prior to the shoot to avoid any delays.
It is the responsibility of the client to ensure that the project works are suitable for their own website. AlightDigital will always help the client’s web developers, although the final responsibility is with the client. Any additional help given other than the supply of code and general fault finding will be charged at £50 per hour, and will appear on the final invoice.
When the projects are complete, the images will be made available for you to view on our website. If these are then signed off as acceptable (i.e. you give the go ahead for us to complete the project and provide the files to you for use) any further changes requested after this time will be charged at an hourly rate of £50.
Additional post production outside of the initial agreed quote will be charged at £50 per hour, with a minimum charge of £50.
Any changes to virtual environment images, skins or templates that are requested after the completion / sign off of your project will be charged at £50 per hour.
Projects are, on average, completed within 10-15 working days of the shoot date, providing subsequent information we require has been provided in a timely manner (i.e. logos for the tour skin, location names etc). This is based on a project with 10 scenes. More complex tours will vary in completion times and expected completion dates will be outlined in your quote.
AlightDigital cannot be held responsible for any damages incurred as a result of the services provided. AlightDigital cannot be held liable for any costs associated with failure of its performance with regards to the services produced.
AlightDigital cannot be held responsible or liable for any costs incurred due to a delay in the production of any of our services, as due to the nature of work exact time limits cannot be specified.
These terms and conditions are subject to constant review, always ensure you have read the latest version prior to any project.
Warranty & Performance
Due to the nature of our services, AlightDigital do not offer any warranty. If you identify any bugs or errors, these must be made clear to us within 10 working days of receipt of the goods / service.
All our environments are produced to be run on Adobe’s Flash platform or Apples QuickTime. Due to the constant changing nature of flash, we cannot guarantee that in future Flash updates our virtual environments will perform as when produced. We do however always keep an eye on technological advances and always ensure our virtual environments comply with current releases.
Flash performance varies on different computer setups. For example, as there are now many different browsers available on the market this may have an effect on the virtual environments performance. This also applies to a machines memory, broadband speed and also the type of computer i.e. MAC, laptop, Iphone, Net-book etc. AlightDigital cannot be held responsible for virtual environments that do not run on some users computers.
WEBSITE TERMS & CONDITIONS
1. Service Overview
Welcome to www.alightdigital.com, a Web-based service of AlightDigital, and alightdigital.com (collectively, “AlightDigital”). The following Terms and Conditions (the “Agreement”) form a binding agreement between You and AlightDigital. This Agreement applies to all users of this website (the “Site”), including users who are also contributors of image or video content, information, opinions and other materials or services on the Site. Please review the following terms carefully. By using the Site, You are agreeing to these terms, and these terms will govern Your use of the Site. If You do not agree to these terms, You must cease use of this Site. The term “AlightDigital” or “us” or “we” or “our” refers to AlightDigital. The term “You” or “Your” refers to the user or viewer of the Site.
AlightDigital provides an online service permitting its users to upload video and location-based content and materials to the Site (“Submissions”). From time to time we may also invite users to provide feedback and opinions (collectively, “Audience Input”) about particular Submissions that are available for viewing on the Site and other content, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, other than Submissions (collectively, with Audience Input, the “User Content”).
We may modify the terms and conditions of this Agreement at any time without prior notice. Any such modifications become effective immediately upon being posted to the Site. It is Your sole responsibility to check this Site from time to time to view any such changes in the Agreement. If You object to any such changes, Your sole recourse is to discontinue use of the Site. Continued access and/or use of the Site or services in any way shall indicate Your assent to and acceptance of such changes. AlightDigital reserves the right to terminate this Agreement, or to discontinue the Site, at any time and for any reason without prior notice. This Agreement will automatically terminate in the event that You violate any of the terms and conditions set forth herein.
3. Access and Limited Use
Subject to these terms and conditions, we will permit You to access and view the Site, including any Submissions and User Content that we make generally available to users of the Site. We do not allow, and You are not permitted, any other use of the Site, services or content therein, including but not limited to copying and distribution, whether commercial or non-commercial, unless explicitly stated in this Agreement.
In order to provide User Content or to contribute a Submission to the Site, You must register and create an account. Certain other features of the Site may also require You to register for an account.
If registration is requested, and You choose to register for an account and provide information to us, You agree to provide only accurate and complete registration information, including Your real name. You may not authorise any third-party to use Your account. You are solely responsible for any activity that occurs on Your account and for preventing unauthorised use. AlightDigital will not be liable for Your losses caused by any unauthorised use of Your account. You must notify AlightDigital immediately of any breach of security or unauthorised use of Your account.
The Site is not marketed or intended for use by persons under thirteen (13) years old. You must be at least eighteen (18) years old to register for an account. By registering, You certify under penalty of law that You are at least eighteen (18) years old; or that You are the parent or legal guardian of a minor under the age of eighteen (18) whose use of the Site You have authorised (including sections of the Site for which registration is required). If You are a parent or legal guardian who is registering on behalf of a person under the age of eighteen (18), You agree to the terms of this Agreement, and You agree to be liable for such person’s use of this Site in accordance with the terms of this Agreement. Your account may be terminated without warning at any time if we believe You are under the age of eighteen (18).
5. User Content
From time to time we may offer features of the Site enabling users to submit User Content. If You elect to provide User Content, You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit the material to us and to grant AlightDigital all of the license rights granted herein; (ii) publish falsehoods or misrepresentations; or (iii) submit material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate. Submissions are not considered part of the User Content.
6. Special Terms for Submissions
We require that, before You upload any Submission to the Site, You must first procure, at Your own expense, any and all releases, permissions, licenses or other rights that are necessary for Your creation of the Submission (“Necessary Rights”), Your uploading of the same to the Site, Your grant of rights to us as contemplated below, and the exercise of those rights by us or by our licensees or assignees, including the use and exploitation of such Submissions to the full extent contemplated in this Agreement.
You shall be solely responsible for Your own Submissions and the consequences of posting or publishing them. You represent, warrant, certify and guarantee that: (i) You own or have procured all Necessary Rights, as defined above; (ii) the information that You upload for any particular Submission is accurate and complete, and that no persons, media, materials or other subject matter are included within Your Submission for which releases or licenses are required; and (iii) that the releases, licenses and other documentation You upload in connection with any particular Submission grant all Necessary Rights, or that You own any Necessary Rights for which no such documentation is uploaded.
You further represent and warrant that Your Submission does not include fraudulent misrepresentations and does not contain material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
7. User Conduct
You agree not to collect or harvest any personally identifiable information from the Site, including account names, nor will You use the communication systems provided by the Site for any commercial solicitation purposes. You further agree not to conduct or promote any illegal activities while using the Site, or will You upload, submit, or transmit any form of virus, worm, Trojan horse, or malicious code, or impersonate another user. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content (as defined below) or enforce limitations on use of the Site or the Content therein.
8. Intellectual Property Ownership
Other than User Content and Submissions, we retain all intellectual property rights in all content on the Site, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks, logos and the like (collectively “Content”). Content is protected by copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Any Content made accessible on the Site is provided “AS IS” for Your information and personal use only, and no license is granted to You under any intellectual property rights. You may not use, reproduce, publicly perform, digitally transmit, publicly display, adapt, translate, modify, create derivative works of, or distribute any Content or otherwise exploit the Content for any other purposes whatsoever without the prior written consent of the respective owners. AlightDigital reserves all rights not expressly granted in and to the Site and the Content.
We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
A statement by You, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent. Email Us
9. Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, AND/OR USE OF, THE FEATURES AND FUNCTIONS MADE AVAILABLE TO YOU ON THE SITE ARE AT YOUR OWN RISK. THE SITE, CONTENT, OUR SERVICES, AUDIENCE INPUT AND SUBMISSIONS ARE MADE ACCESSIBLE “AS-IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS.” ALIGHTDIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY AUDIENCE INPUT OR SUBMISSIONS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE HEREBY DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). THE SITE, CONTENT, OUR SERVICES, AUDIENCE INPUT AND SUBMISSIONS MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS, AND WE DO NOT WARRANT THAT THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT PROBLEMS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER WE NOR OUR AFFILIATED PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF DATA THAT YOU SUBMIT TO US, NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF ANY SUCH DATA AND/OR SUBMISSIONS.
Without limiting the generality of the preceding paragraph, You understand and acknowledge that AlightDigital does not endorse any User Content or any feedback, opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. You understand and agree that when using the Site, You may be exposed to User Content from a variety of sources, and that AlightDigital is not responsible for the accuracy, usefulness, quality, safety or legality of such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against AlightDigital with respect thereto.
10. Links From the Site to Other Websites
11. Limitation of Liability
IN NO EVENT SHALL ALIGHTDIGITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING IN CONNECTION WITH THIS AGREEMENT, WHETHER THE NATURE OF THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALIGHTDIGITAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, AND BY WAY OF EXAMPLE, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER; (III) ANY UNAUTHORISED ACCESS TO, OR USE OF, OUR SERVERS AND/OR INFORMATION STORED THEREIN (INCLUDING PERSONAL AND FINANCIAL INFORMATION); (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD-PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE CUMULATIVE LIABILITY OF ALIGHTDIGITAL TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE AND OUR SERVICES SHALL NOT EXCEED ONE HUNDRED POUNDS (£100). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ALIGHTDIGITAL SHALL NOT BE LIABLE FOR AUDIENCE INPUT, SUBMISSIONS, OR OTHER USER CONTENT OR SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. WITHOUT SUCH LIMITATIONS, WE WOULD NOT BE WILLING TO ENTER THIS AGREEMENT WITH YOU, OR TO OFFER YOU THE RIGHTS GRANTED IN THIS AGREEMENT.
The Site is offered by AlightDigital from its facilities in the United Kingdom. AlightDigital makes no representations that the Site is appropriate or available for access or use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to indemnify, defend and hold harmless AlightDigital, its corporate affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, liabilities and expenses (including, but not limited to, attorneys’ fees) arising from a claim made by a third-party in connection with: (i) Your use of and/or access to the Site or the use of and/or access to the Site by anyone to whom You may have given consent; (ii) Your violation of these Terms; (iii) Your violation of any third-party rights, including, without limitation, any intellectual property rights (including copyrights, trademarks, service marks and other similar rights), trade secrets, privacy rights or rights of publicity; or (iv) any claim that any User Content or Submission provided by You constitutes defamation, libel, slander, obscenity, fraud, or any other tort, or that the same constitutes Your breach of contractual duties to any third-party. This indemnification obligation shall survive this Agreement and Your use of the Site.
13. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Site and our services. In addition, You agree to comply with all applicable laws, rules, codes and regulations regarding the export of data from the United Kingdom. This agreement, its validity and effect, shall be interpreted under and governed by the laws of England and be subject to the exclusive jurisdiction of the English courts.
14. General Terms
15. Reporting Violations
Violations of the terms outlined in this Agreement must be reported here: Email Us.