Last Updated: April 2, 2025

Introduction

Welcome to Overnight Studio LLC (“we,” “us,”, “our”, or “Overnight”). These Terms and Conditions govern your access to and use of our website, [website URL] (the “Website”). By using the Website, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please refrain from using the Website.

Use of the Website

You agree to use the Website for lawful purposes only and in accordance with these Terms and Conditions. You agree not to use the Website:

• In any way that violates any applicable local, state, or federal law or regulation.

• To transmit any unsolicited advertising, promotional material, or other forms of solicitation (spam).

• To introduce any harmful code or virus to the Website.

• To transmit material that is harmful, defamatory, abusive, threatening, vulgar or obscene.

Intellectual Property Rights

The Website and its contents, including but not limited to text, images, logos, videos, designs, graphics, and trademarks (the “Content”) is the property of Overnight or its clients and/or licensors. The Content protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or otherwise use the Content or any portion thereof without prior written consent from Overnight.

Services

The Website provides information about the marketing services offered by Overnight. Any services provided or offered are subject to separate agreements between you and Overnight. The details provided on the Website regarding services are for informational purposes only and do not constitute a binding contract or offer.

User Submissions

If you submit any information through the “Contact Us” form or any other section of the Website, you agree that any information you provide is accurate, current, and complete to the best of your knowledge. You further represent and warrant that you own or have obtained the appropriate rights and/or permissions to any information that you provide to us. To the extent applicable and permitted by law, you retain ownership of and/or rights to any information you submit through the “Contact Us” form or any other section of the Website. 

By submitting information, you grant Overnight the right to use such information for the purposes of responding to your inquiry and/or providing you with requested services. We will not sell, rent, or lease your personal information to third parties.

Privacy

Your use of the Website is also governed by our Privacy Policy, which can be found at www.byovernight.com/privacy-policy. Please review the Privacy Policy to understand how we collect, use, and protect your information.

Links to Third-Party Websites

The Website may contain links to third-party websites. These links are provided for convenience and informational purposes only. Overnight does not endorse, control, or take responsibility for the content, policies, or practices of any third-party websites.

Disclaimers

The Website and its contents are provided “as is” without any warranties, either express or implied, including but not limited to the accuracy, completeness, or reliability of the information provided on the Website. Overnight does not guarantee that the Website will be free of errors, interruptions, or viruses.

Limitation of Liability

To the maximum extent permitted by applicable law, Overnight, its owners, officers, directors, employees, suppliers, service providers, agents and/or representatives shall not be liable for any indirect, direct, incidental, special, consequential, or punitive damages, or any loss of profits, data, or use, directly or indirectly resulting from your use or inability to use the Website, and/or reliance upon the Website and its contents, even if it has been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold harmless Overnight, its owners, officers, directors, employees, suppliers, agents, representatives, service providers, affiliates, licensors, agents, clients, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including but not limited to, any use of the Content without prior authorization or your reliance upon and/or use of any information obtained from the Website.

Modifications to the Terms and Conditions

Overnight reserves the right to modify or update these Terms & Conditions at any time. Any changes will be posted on this page with the updated “Last Updated” date. Your continued use of the Website after such modifications constitutes your acceptance of the updated Terms & Conditions.

Governing Law

All matters relating to or arising out of these Terms & Conditions including any disputes or claims, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any suit, action, or proceeding related to the Website, Content, and these Terms & Conditions shall be instituted exclusively in the federal or state courts located in New York or Kings County, New York.

No Waiver

No waiver by Overnight of any term in these Terms & Conditions shall be deemed a continuing waiver of such term or a waiver of any other term, and any failure of Overnight to assert a right under these Terms & Conditions shall not constitute a waiver of such right. If any provision of these Terms & Conditions is held by a court to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms & Conditions will continue in full force and effect. 

Entire Agreement

These Terms & Conditions and the Privacy Policy constitute the sole and entire agreement between you and Overnight in connection with the Website and Content, and supersede all prior understandings, communications, and/or agreements regarding the Website and Content.

Contact Information

If you have any questions about these Terms & Conditions, please contact us at hi@byovernight.com