Terms & Conditions
Last updated: August 17, 2020
These Terms & Conditions govern your access to and use of toughalliance.com and the websites, content, forms, communications, and online services made available by Tough Alliance.
By accessing or using this website, you agree to these Terms & Conditions. If you do not agree with these terms, please do not use the website.
1. About These Terms
In these Terms & Conditions, “Tough Alliance,” “we,” “us,” and “our” refer to Tough Alliance. “You” and “your” refer to any person or organization accessing or using this website.
These Terms & Conditions apply to use of the Tough Alliance website. They do not replace any proposal, production agreement, statement of work, licensing agreement, estimate, contract, or other written agreement entered into between Tough Alliance and a client.
Where a separate written agreement applies to a photography, video, production, post-production, licensing, or related engagement, the terms of that agreement govern the project to the extent of any inconsistency with these website terms.
2. Permitted Use
You may use this website for lawful purposes, including learning about Tough Alliance, viewing our work and services, contacting us, and submitting legitimate business inquiries.
You agree not to use the website in any manner that could damage, disable, interfere with, compromise, or improperly access the website, its infrastructure, its content, or another user’s use of the website.
You may not:
Use the website for unlawful, fraudulent, deceptive, or abusive purposes.
Attempt to gain unauthorized access to the website, servers, systems, accounts, or data.
Introduce malicious code, malware, viruses, automated attacks, or other harmful technology.
Scrape, harvest, extract, reproduce, or systematically collect website content without authorization.
Impersonate Tough Alliance or falsely represent an affiliation with Tough Alliance.
Use website content in a way that infringes intellectual property, privacy, publicity, or other legal rights.
Use the website to transmit spam, unsolicited commercial material, or unlawful communications.
Interfere with the normal operation, security, or availability of the website.
3. Intellectual Property
Unless otherwise stated, the content appearing on this website is owned by, licensed to, or used with permission by Tough Alliance.
This may include:
Photography
Video
Films and edits
Graphics
Motion graphics
Logos
Branding
Text
Copywriting
Website design elements
Layouts
Illustrations
Audio
Case studies
Project descriptions
Other creative material
Website content is provided for viewing and informational purposes only unless Tough Alliance expressly grants another use in writing.
You may not reproduce, republish, distribute, modify, sell, license, commercially exploit, publicly display, or create derivative works from protected Tough Alliance website content without prior authorization from the applicable rights holder.
4. Client, Brand & Third-Party Content
The website may display photography, video, trademarks, logos, products, venues, events, campaigns, individuals, or other materials associated with clients, collaborators, venues, brands, agencies, or third parties.
All third-party trademarks, logos, names, and other intellectual property remain the property of their respective owners.
Displaying a third-party brand, event, person, product, venue, or organization on this website does not necessarily imply sponsorship, endorsement, ownership, partnership, or an ongoing commercial relationship unless expressly stated.
5. Portfolio Content
Portfolio images, videos, project descriptions, case studies, production examples, and other work displayed on the website are intended to demonstrate the nature and quality of Tough Alliance’s creative and production services.
Every production is different. Previous work, creative examples, production methods, deliverables, timelines, locations, crew configurations, or project results do not guarantee that another project will be identical.
Specific project requirements and deliverables are established through the applicable proposal or written production agreement.
6. Accuracy of Information
Tough Alliance aims to keep information on this website accurate and current. However, website content may occasionally contain errors, omissions, outdated information, or information that changes after publication.
Services, availability, production capabilities, deliverables, pricing structures, geographic coverage, website content, and other information may be updated or changed without prior notice.
Nothing published on the website constitutes a binding offer unless Tough Alliance expressly states otherwise in writing.
7. Requests for Proposals & Inquiries
Submitting a contact form, proposal request, email, telephone inquiry, or other communication does not create a client relationship or require Tough Alliance to accept a project.
Project availability is not guaranteed until the parties have agreed to the applicable production terms and any booking requirements stated in the applicable proposal or agreement have been satisfied.
Any estimate, preliminary scope, availability indication, or informal discussion remains subject to confirmation through the applicable written proposal or agreement.
8. Pricing & Estimates
Any prices, starting rates, estimates, examples, or general pricing information displayed on the website are informational unless expressly incorporated into a written proposal or agreement.
Final project pricing may depend on factors including:
Production scope
Event duration
Crew requirements
Location
Travel
Photography requirements
Video requirements
Equipment requirements
Interviews
Deliverables
Editing
Post-production
Motion graphics
Turnaround requirements
Licensing or usage requirements
Production complexity
Additional client requirements
Taxes and other applicable charges may be added where required.
9. No Client Relationship Created by Website Use
Accessing this website, viewing our work, subscribing to communications, sending an inquiry, or requesting a proposal does not by itself establish a photographer-client, producer-client, contractor-client, agency, partnership, fiduciary, or other professional relationship.
A production relationship is created only when Tough Alliance and the client agree to the applicable project terms.
10. Information You Submit
When you submit information through the website, you agree that the information you provide is accurate to the best of your knowledge and that you have the authority to provide it.
You should not submit highly confidential, privileged, proprietary, or sensitive material through a general website inquiry form unless Tough Alliance has specifically requested it or an appropriate confidentiality arrangement is already in place.
Personal information submitted through the website is handled in accordance with our Privacy Policy.
11. Third-Party Links & Services
The Tough Alliance website may contain links to third-party websites, platforms, services, social networks, vendors, venues, brands, clients, or other external resources.
Tough Alliance does not control third-party websites and is not responsible for their content, availability, security, privacy practices, terms, products, or services.
A link to an external website does not necessarily constitute an endorsement of that website or its operator.
12. Website Availability
We may modify, suspend, restrict, discontinue, redesign, or remove any portion of the website at any time.
Tough Alliance does not guarantee that the website will always be uninterrupted, error-free, secure, or available.
Maintenance, software issues, hosting interruptions, third-party services, technical failures, security incidents, or circumstances outside our control may affect website availability.
13. Website Disclaimer
The website and its content are provided for general informational and promotional purposes.
To the fullest extent permitted by applicable law, the website is provided without representations or warranties regarding uninterrupted availability, completeness, accuracy, fitness for a particular purpose, or freedom from technical errors.
Nothing on this website should be interpreted as a guarantee of a particular commercial, marketing, financial, creative, audience, sales, publicity, or other business result from photography, video, event content, or related production services.
14. Limitation of Liability
To the fullest extent permitted by applicable law, Tough Alliance will not be liable for indirect, incidental, consequential, special, exemplary, or similar damages arising solely from your use of, inability to use, or reliance on this website or its general informational content.
Nothing in these Terms & Conditions excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability that cannot legally be excluded or restricted.
Liability relating to an actual photography, video, production, post-production, licensing, or client engagement is governed by the applicable project agreement rather than this website provision.
15. Responsibility for Misuse
To the extent permitted by applicable law, you are responsible for losses, claims, liabilities, or expenses arising from your unlawful misuse of this website, your infringement of another person’s rights, or material you submit through the website in violation of these Terms & Conditions.
16. Privacy
Your use of the website may involve the collection and processing of personal information, including information provided through contact and proposal forms.
For information about how Tough Alliance handles personal information, please review our Privacy Policy.
17. Changes to These Terms
Tough Alliance may update these Terms & Conditions periodically to reflect changes to the website, our operations, or applicable requirements.
The current version will be posted on this page with an updated revision date.
Your continued use of the website after updated terms are published constitutes acceptance of the revised terms to the extent permitted by applicable law.
18. Severability
If any provision of these Terms & Conditions is determined to be invalid, unlawful, or unenforceable, that provision will be interpreted or limited to the extent necessary under applicable law, and the remaining provisions will continue in effect where legally permitted.
19. Governing Law
These Terms & Conditions and your use of the website are governed by the laws of the Province of Québec and the applicable federal laws of Canada, without limiting any mandatory rights or protections that cannot legally be waived or restricted.
Any dispute relating specifically to a client production or service engagement remains subject to the governing-law and dispute-resolution provisions contained in the applicable written project agreement, where one exists.
20. Contact Tough Alliance
Questions regarding these Terms & Conditions may be directed to:
Tough Alliance
office@toughalliance.com