Welcome to Whirlyrig!

These terms and conditions outline the rules and regulations for the use of this website, http://www.whirlyrig.com (our site). Please read these terms of use before you use the site. By using our site, you indicate that you agree to abide by terms and conditions in full.

     

  1. About Us
    1. http://www.whirlyrig.com is owned and operated by Whirlyrig
      Studios Ltd, Reg’d Adress: Ingoe Street, Lemington, Newcastle Upon Tyne, NE158DQ, and registered in
      England and Wales, number 10454122.
    2. Email Adress: ask@whirlyrig.com
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  3. Definitions
    1. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:
    2. “Client”, “You”, “Your” and “User” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
    3. “The Company”, “Ourselves”, “We”, “Our”, “Whirlyrig”, and “Us”, refers to our Company.
    4. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
    5. “UAV”, an abbreviation of Unmanned Aerial Vehicle,  refers to any aerial platform, commonly known as a drone.
    6. “UAV Operator” shall refer to the Pilot and/ or payload operator for the UAV in use.
    7. “Data”, shall refer to any data collected by the UAV and or its onboard cameras or payloads, including photographs and video.
    8. “Product”, shall refer to any images, videos, or other output provided by Whirlyrig Studios Ltd, to the client.
    9. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable, and therefore as referring to the same.
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  5. Privacy Policy & Cookies
    1. We process information about you in accordance with our privacy policy. By using our site you consent to the terms of this, and any other policy published on this website.
    2. We employ the use of cookies. By using our website, you consent to the use of cookies in accordance with our privacy policy.
    3. Most modern-day interactive web sites use cookies to streamline user experience. Cookies are used in some areas of our site to enable the functionality of this area, and ease of use for those people visiting.
    4. Some of our affiliate / advertising partners may also use cookies.
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  7. Intellectual Property and Acceptable Use
    1. All content included on our website, unless uploaded by users, is the property of Whirlyrig Studios Ltd, our affiliates, or other third parties. In these terms and conditions, “content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code, and software, and any other form of information capable of being stored on a computer, that appears on, or forms part of this website, including any such content uploaded by users. By continuing to use this website, you acknowledge that such content is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s express written permission.
    2. Unless otherwise stated, Whirlyrig and/or it’s licensors own the intellectual property rights for all material on http://www.whirlyrig.com. All intellectual property rights are reserved. You may view and/or print pages from http://www.whirlyrig.com for your own personal use subject to restrictions set in these terms and conditions.

     

  8. Prohibited Use
    1. You may not use the website for any of the following purposes:
    2. In any way which causes, or may cause, damage to the website, or interfere with any other person’s use, or enjoyment of the website;
    3. In any way which is harmful, illegal, abusive, harassing, or otherwise objectionable, or in breach of any applicable law, regulation, or governmental order;
    4. Making, transmitting, or storing electronic copies of content protected by copyright without permission of the owner.

     

  9. Links to Other Sites
    1. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
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  11. Linking to Our Site
    1. You may link to any of the pages of our site, provided that any such links:
    2. are fair and legal;
    3. do not damage our reputation, or take advantage of it;
    4. do not suggest or implicate any form of association, endorsement, or approval on our part where none exists.
    5. Are not published on a website, or any publication, (online, or otherwise), which contains distasteful, offensive, or controversial material, or links to such material.
    6. Do not infringe on the intellectual property rights, or other rights of any other person.
    7. We reserve the right to withdraw, or alter linking permissions at any time, without notice.

     

  12. Limitation of Liability
    1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
    2. While we make reasonable endeavour to ensure that this site is secure, free of errors, viruses, and other malware, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material, due to your use of our site, or to your downloading of any material posted on it, or on any website linked to, or from it.
    3. We accept no liability whatsoever for any disruption or non-availability of this website.
    4. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
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  14. Submission/ Upload of Material
    1. When you publish content or information to our site, it means that you are allowing everyone, including other Website users, to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
    2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
    3. Any content submitted to us for inclusion of our website, or any material uploaded to it should comply with the following guidelines. Contributions should not:
    4. be defamatory to any person/ group, or be obscene, offensive, hateful, inflammatory, sexually explicit, discriminatory, knowingly deceptive, or dishonest, threatening, abusive, or promote violence.
    5. Infringe on any copyright, database right, or trademark
    6. Be in breach of any legal duty owed to a third party.
    7. Advocate, promote, or assist any unlawful act.
    8. Suggest or implicate our association, endorsement, or approval where none exist.
    9. Any material in breach of these guidelines, or otherwise, and by our sole discretion, may be removed at any time.

     

  15. General
    1. You may not transfer any of your rights under these terms and conditions to any other person or group.
    2. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
    3. These terms and conditions may be varied by us from time to time, without notice. Such reviewed terms will apply to the website and your use of it for the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the current version.
    4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions, and no third party will have any right to enforce, or rely on any provision of these terms and conditions.
    5. If any court or competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected. If any invalid, unenforceable, or illegal provision of the Contract would be valid, enforceable, and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable.
    6. A waiver of any right or remedy under the Contract is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
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  17. Terms Of ServiceIn contracting our services, the client agrees that:
    1. A 30% deposit is required to secure a booking.
    2. Payment, in full, is due no later than 30 days after completion.
    3. Booking deposits are non-refundable. In the event of cancellation by a client, any costs already incurred, must be met by the client. Rescheduling by the client is acceptable, provided that the new date is available, in which case the 30% booking fee will be transferred to the new date.
    4. If we are not able to fly as a direct consequence of adverse weather, we will transfer our booking fee to an agreed later date. If the nature of the shoot means that rescheduling is impossible (live/ special events etc.), this will have been discussed in the preliminary stages of planning, and a tailored, written cancelation policy, pre-agreed by both parties will come into effect.
    5. Any costs incurred by us relating to provision of service, will be met by the client.
    6. Digital files will be made available to the client on a Client supplied storage device (such as a USB), or sent electronically. It is not always possible to do this immediately following an operation, particularly in remote areas.
    7. The Client has full, but non-exclusive rights to use, reproduce, and print/ publish the product provided. However, the client does not have the right to sell, or gift the use of the product to 3rd Exclusive rights can be purchased at the Clients request, otherwise Whirlyrig Studios Ltd. retain copyright, and the right of use for our own advertising/ commercial purposes.
    8. The client will assist and cooperate with the UAV Operator in obtaining the desired data. The UAV Operator shall not be responsible for failures to capture data, as a direct result of the client’s failure to provide reasonable assistance and/ or cooperation, and/ or the client acting against advice.
    9. Work performance is on a best efforts basis, and cannot always be guaranteed due to unforeseeable external factors, such as unforecasted weather, aerial, or public incursions etc.
    10. Sufficient time is required to plan, stage, and execute a shoot, as advised by our pilot/ payload operator. Safety and risk management will always be our primary concerns. If sufficient time is not allocated, the product, and NOT the method, safety, and regulations, may be compromised.
    11. The UAV operator (pilot) has the right to refuse to fly if they judge an operation to be unsafe or unlawful.
    12. The UAV Operator has the right to make changes to a flight plan if it is determined that any aspect of the operation could undermine the operational safety of the equipment, or the safety of persons, or property, or violate local, or national laws (including privacy).
    13. In the highly unlikely event that equipment malfunctions, or becomes damaged during an operation, the Client will make payment for the hours worked until that time. If payment was made in advance, the excess will be refunded in full, and data taken up until that time will be supplied to the client.
    14. Expenses are charged as follows: Mileage, £0.42 pence per mile/ Pre-production work, £20 per hour/ Non-filming days (travel, briefs, recon etc) £200 per day. Any disbursements or out of pocket expenses (necessary consumables, meals, travel, charges and tolls, above ordinary maintenance/ cleaning costs due to extreme environments etc.) will be added to the final invoice.
    15. Landowner permission is required for landing and take-off. If landowner permission cannot be secured for the location of the operation, then the aerial operation cannot go ahead. Any costs or charges incurred by us, and in the course of obtaining landowner permissions, will be met by the client.
    16. Please ensure you understand these Terms of Service before accepting any quotations by the us. For queries contact ask@whirlyrig.com.
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  19. Governing Law and Jurisdiction
    1. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter, or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.