WEBSITE TERMS & CONDITIONS
These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions. Minors or people below 18 years old are not allowed to use this Website.
2. Intellectual Property Rights
Other than the content you own, under these Terms, Cloudbreak Creative and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following
• publishing any Website material in any other media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Cloudbreak Creative may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
4. Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Cloudbreak Creative a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Cloudbreak Creative reserves the right to remove any of Your Content from this Website at any time without notice.
5. No warranties
This Website is provided “as is,” with all faults, and Cloudbreak Creative express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
6. Limitation of liability
In no event shall Cloudbreak Creative, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Cloudbreak Creative, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Cloudbreak Creative from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
9. Variation of Terms
Cloudbreak Creative is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The Cloudbreak Creative is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Entire Agreement
These Terms constitute the entire agreement between Cloudbreak Creative and you in relation to your use of this Website, and supersede all prior agreements and understandings.
12. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of State, and you submit to the non-exclusive jurisdiction of the state and federal courts located in State for the resolution of any disputes.
CLOUDBREAK CREATIVE RENTAL TERMS AND CONDITIONS
1. These Cloudbreak Creative Rental Terms and Conditions written on this webpage shall manage your use of Studio A, Studio B, or the entire Cloudbreak Creative facility when booking rental time through CloudbreakCreative.com. Bookings confirmed over the phone, text, or email may require the client to submit a signed copy of these terms and conditions. These Terms will be applied fully and affect to your use of Cloudbreak Creative, located at 744 Yorkshire, Houston, TX 77022. By making any purchase on CloudbreakCreative.com, you agree to accept all terms and conditions written in here. You must not use make a purchase if you disagree with any of the following Rental Terms and Conditions. Minors or people below 18 years old are not allowed to do business with Cloudbreak Creative without a parent or guardian approval. Any and all clients and or the representatives of any individual or group renting space from Cloudbreak Creative must first read and sign this Rental Agreement prior to the initial booking. It is the responsibly of the undersigned Client and or their representatives to inform the individuals renting the space of the below terms and conditions. Cloudbreak Creative is to be held harmless for any injuries, damage, or loss that may occur on said premise. Cloudbreak Creative is not responsible for any personal property that may be stored on the premises.
2. The undersigned (the renter) must provide a state issued photo ID and a credit or debit card for electronic payment of any overages or assessed damages. The minimum damages assessment will be $250. People and equipment must be kept at least 3 feet from the bottom of the cyc walls. Any damage to the cyc walls will be assessed and fees will be collected at the end of the rental. Discard all trash, clean up all areas used and remove all personal possessions to avoid a $150 cleaning fee.
3. There will be no smoking inside Cloudbreak without prior approval. The smoking section is outside, at the southeast corner of the building. Beverages and food may be consumed in areas outside Studio A and Studio B. Animals may be admitted if part of the renter’s project, with prior review and approval by Cloudbreak management. Children under the age of 16 must be supervised by an adult parent or guardian. Open flame, fire or pyrotechnics are prohibited at all times.
4. The renter will sign for all equipment rentals at the beginning and the end of the studio rental session.
5. Free Wi-Fi is available. SSID/Password available on site.
6. Cloudbreak accepts no liability for injury, loss or damage caused during the use of the Cloudbreak facilities. The renter is solely responsible for any legal infractions the renter or members of the renter’s party may make while at Cloudbreak. The renter agrees to be responsible for the conduct and well-being of the renter and the renter’s party while at Cloudbreak. The renter understands that if Cloudbreak staff or appointees observe any dangerous, negligent, illegal or inappropriate practices during the rental Cloudbreak reserves the right to stop the rental and require the rental party to leave the premises. No refund will be given in such circumstances. The renter agrees that Cloudbreak is not obliged to act and assumes no responsibility to act in such circumstances. The Cloudbreak facilities are not to be used for illegal, disreputable, discriminatory, pornographic or other questionable purposes, nor are they to be used to create material of such nature. Cloudbreak accepts no liability arising from the creation and dissemination of illegal, disreputable, discriminatory, pornographic or other questionable material arising from the renter’s use of Cloudbreak.
7. It is the renter’s responsibility to carry general liability, professional liability insurance, in addition to any and all others insurances they may need. The renter is responsible for adding both “Cloudbreak Creative,” the property manager, and “Artistico LLC,” the property owner to any liability policies related to the production. The renter is responsible for obtaining any releases or permissions required for their rental.
8. In the event Cloudbreak becomes inoperable due to an unforeseen circumstances such as a weather disaster, blackout etc. Cloudbreak will negotiate rescheduling of any remaining studio time with the renter.
9. The renter agrees to indemnify and hold Cloudbreak and its property owner Artistico LLC harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the activities performed or produced at Cloudbreak or anywhere on the Artistico LCC property.
10. Clients booking on CloudbreakCreative.com will pay in full upon booking. Other bookings made through email, text, or phone may be required to pay a minimum deposit upon confirmation of the rental, with the total balance due by the start of the rental. Exceptions to payment terms (i.e. Net 15, Net 30) will be made for creditworthy clients. Sales tax will be added to all charges. Non-profit groups must submit their tax ID number and other required information to receive sales tax exemption. Payment can be made by cash, check, or PayPal. Payments made by credit card may incur a 3% processing fee.
11. Cancellations made with at least 48 hours notice will receive a 50% refund of the deposit or payment. Cancellations made within 48 hours of the reservation will not receive a refund of the deposit or payment.