Last Update on 05th Sept 2023
Welcome to Tickling Trees!
By accessing and using the Tickling Trees website you accept the contents of this Agreement. If you do not agree to the Terms and Conditions of Use for this service, you may not use the ticklingtrees.com website.
Tickling Trees operates ticklingtrees.com and associated sites. Please read these Terms and Conditions of Use carefully. They govern your access to and use of ticklingtrees.com, its content, and the services offered on or through it. These Terms and Conditions of Use constitute a binding legal agreement between Tickling Trees and you.
Your access or use of Tickling Trees website means that you have read and understood and agree to be bound by these terms and conditions of use. If you access or use Tickling Trees website on behalf of an entity, you represent that you have the authority to bind that entity, and these terms and conditions of use are the agreement of such entity. If you do not agree to these terms and conditions, then you have no right to access or use Tickling Trees’ website and its content or services.
Tickling Trees will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our website www.ticklingtrees.com. Tickling Trees will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue the use of the Service.
You agree to engage Tickling Trees in consideration for the packages, and Tickling Trees agrees to produce the deliverables to you under these terms and conditions. The material produced will be as per the directions of the client.
You must complete your order by making a payment through the website. In addition, you can request a Custom Order which addresses your specific requirements and receive a Custom Offer through the Tickling Trees sales team.
Once payment is confirmed, your order will be created, and Tickling Trees may contact you for further information. You can connect with Tickling Trees through email or phone for discussing your requirements with the Tickling Trees project manager or creative director. Tickling Trees will provide you with a draft edit of the video/s for approval within the prescribed time limit.
CHANGES OR AMENDMENTS
You must notify Tickling Trees in writing of all proposed changes within certain days of receipt of the draft copy. Tickling Trees shall provide you with a draft copy of an edited video file within 24-48 hours after receipt of the proposed changes. You will be incurred additional charges if you want changes in features approved at a particular stage of production.
Tickling Trees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under this Agreement except as may be required by a court or governmental authority.
Any estimate of the date by which Tickling Trees will complete any part of the Services is contingent upon you providing complete instructions to Tickling Trees and fully cooperating with Tickling Trees until Tickling Trees has ceased providing Services to you. Tickling Trees will not be liable for any delays which are beyond the scope of Tickling Trees such as equipment failure or third-party delays or, any other reason which is not the direct fault ofTickling Trees. If you fail to pay a milestone in the specified time period, Tickling Trees reserves the right to stop the production process without any obligations toward you.
You will receive high-quality audio and video files after the completion of the production. Raw materials or source files will also be delivered to you unless mentioned in the package. You will receive the output files without the watermarks upon paying the full amount of orders or invoices.
Raw Footage, source files, video files, audio files, and edited files will not be retained by Tickling Trees. You’re requested to collect them from your assigned manager before approving their project.
The Raw materials, video files, audio files, and edited video files remain the property of Tickling Trees until full payment is made for the Services. Where Services remain unpaid or if the final agreed payment is not made, Tickling Trees reserves the right to withhold all recordings and finished works and use all or portions of the recordings and finished works.
When the work is delivered by Tickling Trees, and subject to payment, you are granted all intellectual property rights, including but not limited to, copyright in the work delivered by Tickling Trees, and Tickling Trees waives any and all moral rights therein. Accordingly, Tickling Trees expressly assigns you the copyright in the delivered work. All transfer and assignment of intellectual property to you shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.
LIABILITY AND WARRANTIES
In no event will Tickling Trees, its affiliates or their licensors, service providers, employees, agents, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the site or such other websites or any services or items obtained through the site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Tickling Trees will use all due care and diligence in providing the service to you. Tickling Trees shall provide original content to you and must not infringe any copyrights of concerned persons. Tickling Trees shall not deliver materials that are defamatory to you.
Tickling Trees reserves the right to assign or subcontract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or subcontract for the performance of services selected under the package provided on the website.
If you are dissatisfied with the services of Tickling Trees and have requested revisions, but Tickling Trees failed to incorporate the revisions, you can get a full refund within 7 working days. Once a refund is issued, no legal rights will be allotted to you on deliverables created by Tickling Trees.
You will be issued an invoice by Tickling Trees in respect of services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice.
Tickling Trees will terminate the services to the client if you have failed to perform the obligations under the terms and conditions. If you fail to send a response for any queries or feedback within 10 working days,Tickling Trees will automatically consider the project as complete and you will be liable to pay the remaining amount of your order or invoices.
Tickling Trees will not disclose personal information except mentioned under the terms and conditions without your written consent. Tickling Trees will not make unlawful or unauthorized use of your data. Tickling Trees will notify you if there is a breach of personal data.
This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed under the laws of India.