Effective October 31, 2009
COMMITMENT TO PRIVACY
Your privacy is important to Matthew Freyer Productions. This Privacy Policy discloses online information practices and the way your information is collected and used. Use of this website signifies your consent to the Privacy Policy. Changes made to the Privacy Policy will be included here and are effective by the date listed below.

INFORMATION THAT MAY BE COLLECTED
This website, as do most, collects aggregated, non-personally identifiable information such as browser type and page requests. No personally identifiable information is collected unless you voluntarily submit such information by email, contact form, or similar method. This website does not use cookies.

HOW INFORMATION IS USED
Aggregated, non-personally identifiable information is used for internal purposes only, to improve website and service quality. Email addresses or phone numbers, as voluntarily provided by you in the contact form, are used only to respond to inquiries. Collected information is not used for any purposes other than described above, and it will never be shared with outside parties unless such release is necessary to comply with the law, enforce our site policies, or protect the rights, property, or safety of Matthew Freyer Productions and its clients.

CHILDREN'S PRIVACY
This website is in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). No information is collected or maintained from persons known to be under 13 years of age. This website, and the products and services provided by Matthew Freyer Productions are intended for persons who are 13 years of age or older.

MORE INFORMATION
Should you have other questions or concerns about these privacy policies or Matthew Freyer Productions, please email: info@matthewfreyerproductions.com



By accessing the Matthew Freyer Productions website, you signify your agreement to the following terms of use. Matthew Freyer Productions reserves the right to change this website, including these terms of use, at any time, without notice. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms of use which will continue in full force and effect.

COPYRIGHT PROTECTION
This website, including, but not limited to, all text, graphics, images, coding, ideas, and design concepts, is the property of Matthew Freyer Productions and is fully protected by intellectual property rights and copyright law.

No content from this website, or any website owned, operated, licensed or controlled by Matthew Freyer Productions or its licensors, may be modified, copied, reproduced, republished, posted, transmitted or distributed in any way without prior written permission from Matthew Freyer Productions. Content that has been specifically and intentionally indicated for download by website visitors may be used for personal use only, and may not be modified, copied, reproduced, republished, posted, transmitted, or distributed. You may download and/or print unmodified portions of this website only for the purpose of evaluating and purchasing services or products from Matthew Freyer Productions. The use of any such material for any other reason, without prior written permission from Matthew Freyer Productions, is strictly prohibited. Violation of these Copyright Protections will be prosecuted to the full extent of the law.



OWNERSHIP
Title to the Works shall remain with the Artist. The Artist shall retain all rights of ownership in the Works, all incidental Works made in the creation of the Works, and all copies and reproductions. The Artist shall have the right to use the Works, if the Artist so chooses, in accordance with the "WARRANTY OF ORIGINALITY" listed below. The Client has the right to use the Works in all media for business marketing purposes only.

SOLE AUTHORSHIP
The Artist is the sole author of the Works, the preliminary design, and any incidental Works made in the course of the creation of the Works. The Client makes no claim of copyright therein and agrees that these are not joint Works for purposes of copyright law.

COPYRIGHT
The Artist reserves all rights of reproduction and all copyrights in the Works and any incidental Works made in the creation of the Works. The Artist shall also receive authorship credit in connection with the Works or any reproductions of the Works.

PRIVACY
The Client gives to the Artist permission to use the Client's name, picture, portrait and photograph, in all forms and media and in all manners, including but not limited to exhibition, display, advertising, trade, and editorial uses, without violation of the Client's rights of privacy or any other personal or proprietary rights the Client may possess in connection with reproduction and sale of the Works or any incidental Works made in the creation of the Works.

REVISIONS & REDESIGNS
All revisions and redesigns which are made during the lifetime of the Artist are required to have the Artist's approval. To the extent practical, the Artist shall be given the opportunity to accomplish such revisions and redesigns at a reasonable fee.

For 3 months after the date the Client's website goes live (date website is uploaded to Client’s server), Matthew Freyer Productions will perform the following minor updates / modifications at no additional charge:

- Small text changes
- Changing / adding / deleting a link
- Changing / adding a photo / image
- Changing / adding keywords
- Changing / adding page descriptions
- Changing page URL's (if applicable)
- Uploading a new advertisement
- Changing / adding a calendar event
- Phone (limited) and email support

All content updates / modifications must be provided by the Client. After the 3 month period, and for the life of the website as designed and developed by Matthew Freyer Productions, all of the above minor updates / modifications are available at an hourly rate of $25.00.

If, at any time, you require more significant modifications, for example, adding additional pages to the website that will modify artwork and layout, you would be billed at an hourly rate of $55.00. The complexity of modifications will be determined by the Artist.

HOURLY WEBSITE MAINTENANCE
- Payments must be made before any update / modification work begins
- $25 minimum charge for any updates requiring less than 1 hour of updates
- Urgent edits will be completed within 24 to 72 hours
- Non-urgent edits will be completed within 5 business days
- Payment will be accepted by check or money order only
- $30 fee for returned checks

PAYMENT & DEPOSIT
The Client agrees to pay a 50% deposit of the project quote before the commencement of any Works, and 50% final payment due upon completion of the Works. DEPOSIT IS NON-REFUNDABLE.

Additional expenses may be incurred for necessary and extensive services, including, but not limited to, photography and art direction, photography searches, license acquisition for design elements not provided by the Artist, media conversion, digital image processing, or data entry services. The Client will be notified of any additional services required, and the final invoice will include these charges.

The final payment will be collected when the Works are completed and the Client has given approval. The electronic files containing the Works will be released to the Client on CD-ROM only when final payment is received by the Artist. Client will not receive discounts for early payment. Accounts outstanding 30 days past the invoice due date will incur an additional late fee of 5% per month. The Client agrees to compensate Matthew Freyer Productions for reasonable legal expenses and third party collection agency fees required for the enforcement of these terms. If, upon the Artist presenting the Client with written notice of payment being due, the Client fails to make said payment for an extended period of time (determined by Artist), termination of the agreement will result.

TERMINATION
The Artist shall have the right to terminate this Agreement in the event the Client is late in making any payment. Upon termination, the Artist shall retain all rights of ownership and the Client resigns all rights of usage and agrees to destroy all incidental Works made in the creation of the Works, and all copies and reproductions thereof and of the Work itself.

If the Client chooses to terminate this agreement, formal notification must be made in writing, by electronic or postal delivery. Termination of this agreement, by either party, does not relieve the Client from their obligation to pay for work that has been completed. At the Artist's discretion, an invoice for all work completed beyond the initial non-refundable deposit may be delivered to the Client.

This Agreement shall automatically terminate in the event of Artist's death. All rights of usage to incomplete Works, or incidental Works made in the creation of the Works, will be terminated. The Client may still retain rights of usage for any completed work as described in these terms, with the understanding that ownership and copyright still belong, in their entirety, to the Artist and/or the Artist's Estate.

NON-DESTRUCTION, ALTERATION & MAINTENANCE
The Client agrees that the Client will not intentionally destroy, damage, alter, modify, or change the delivered final Works in any way whatsoever. If any alteration of any kind occurs after receipt by the Client, whether intentional or accidental and whether done by the Client or others, the Works shall no longer be represented to be the Works of the Artist without the Artist's written consent. The Client agrees to see that the Works are properly maintained. The Artist agrees to maintain the performance of the Works for no longer than three months after the completion (determined by the Artist) of the Works.

The Artist makes no guarantees regarding long term storage and availability of resource materials following delivery of the project. Modification requests may be refused if the Client is unable to provide the materials necessary.

PROPERTY & SUPPLIERS
Matthew Freyer Productions will take all reasonable precautions to safeguard any property, physical or intellectual, that is provided by the Client. Matthew Freyer Productions, if necessary, may collaborate with carefully scrutinized and reputable third party vendors or service providers. However, Matthew Freyer Productions is not responsible for loss or damages that result from negligence or unauthorized use by third party vendors. Clients may request specific vendors of their choosing; however, the responsibility for quality, price, and performance will belong solely to that vendor.

ERRORS & OMISSIONS
It is solely the Client's responsibility to carefully inspect project proofs before approval. Matthew Freyer Productions is not liable for errors or omissions of any kind once the proof has been approved by the Client.

RIGHTS OF REFUSAL
Matthew Freyer Productions reserves the right to refuse any submitted material, for reasons including, but not limited to ethical, legal, or quality concerns. Material found to be in violation of these terms and conditions may be removed or replaced by the Artist at any time, without penalty.

INDEMNITY
The Client agrees to fully indemnify and hold harmless Matthew Freyer Productions in any and all claims as a result of the Client not securing, in advance, the copyright, patent, or other necessary permissions for submitted materials. The Client also agrees to indemnify, defend, and hold harmless Matthew Freyer Productions in any claim of loss, expense, or damages made against the Client. This includes, but is not limited to, claims against the Client or the Client's products and services referenced in Works that have been approved by the Client.

WARRANTY OF ORIGINALITY
The Artist warrants and represents that the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis, that the Artist has full authority to make this agreement, and that the work prepared does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of the Artist’s product which may infringe on the rights of others.