4WT Media, LLC (“we” or "4WT") provides its service to you (“you” or the “Client”) subject to the following Terms and Conditions ("TERMS"), which may be updated by 4WT from time to time without notice to you. You should read the TERMS from time to time to ensure that you are happy with any changes. When using particular 4WT owned or operated services, you and 4WT shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TERMS. 4WT may also offer other services that are governed by different terms and conditions.
a) Scope. We will render services specific to the scope defined by the scope of the project. b) Pricing. Full payment due upon placing video order. Payment processed through online payment system using credit card or Paypal. When you submit an order to 4WT, you agree that all orders are final. The user thus agrees that 4WT is not responsible for any change in content after delivery and agrees to have no expectations of changes. c) Cancelation. Cancelations must be requested in writing at least 2 weeks before scheduled shoot date and will be charged a 10% fee of total purchase price. Cancelations requested within 2 weeks of scheduled shoot date are subject to fee of 50% of total purchase price. d) Money Back Guarantee. 4WT will issue a full refund if you are not satisfied with end video product. A formal refund request must be submitted with a detailed explanation of dissatisfaction. e) Delivery. All purchases and deliveries are final under this agreement and additional changes or revisions will be subject to additional charge. 4WT will deliver a final video product within 24 hours of video shoot through email with a downloadable link to the final video product. Final video will be delivered to email provided by client and 4WT is not responsible for email delivery failure or incorrect information provided. f) Deliverables: The final delivery of the video product includes only the finished video and will be in the following format: MP4 format, 1920x1080 pixels at 30 frames per second. Additional requests including raw footage, assets or project files are not included as deliverables and fall outside the scope of delivery. Any additional requests will be considered on an individual basis and may be subject to additional charges. 4WT will store final client deliverables for a period of no longer than 30 days and will not be responsible for storing files beyond 30 days from initial shoot date. g) Revisions. No client revisions will be permitted under initial order and payment. Video will be delivered “as is” and additional revisions will be charged at hourly rates based on standard 4WT service rates. h) Warranty. The video product will be delivered “as is” edited based on best use of product footage and company spokesperson interview. 4WT makes no guarantees on accuracy of information and will not be responsible if initial information provided was incorrect or interview subject matter was not accurate. Any revisions and adjustments required will be billed at hourly services rates. i) Logo. For the Client’s logo to be included in the video product, a hi-resolution asset is required which is defined as the following file types: PNG, PSD, TIFF of at least 800 x 800 pixels. Logos submitted that do not met requirements may not be included in final delivery and 4WT reserves the right to exclude any assets that may degrade final product quality. In the event a logo can not be included, 4WT will instead create an opening title with the Client’s company name as provided in the submission form. The Client agrees to submit any assets to be included in the video product at a minimum of 48 hours before the scheduled video shoot time and date. Assets submitted after that period may not be included in final edit. In certain instances, you may be able to submit content (e.g., logos) ("Materials"), to be included in the Video(s). You hereby also permit 4WT to retrieve assets from your website to be included in the Video(s) and such assets shall also be considered your Materials. In the event you do not submit enough assets or the quality of your assets is not sufficient, 4WT may use stock images to create your Video(s). You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these TERMS, (b) the Materials and the use of the Materials in the Video(s) will not infringe or misappropriate any copyright, trademark, patent or other intellectual property right of any third party or violate any other rights of a third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (c) the Materials are truthful and not misrepresentative or misleading, (d) the Materials and your use of the Video(s) will not plagiarize or contain any libelous, defamatory, obscene, indecent, harmful, threatening, abusive, harassing, vulgar, hateful, racially, ethnically or otherwise objectionable matter, or any matter contrary to law or to the rules and regulations of any government agency and (e), in the event that a third party purchased the Video(s) on your behalf, the Video(s) shall not imply that you or your business is in any way sponsored or endorsed by such third party. You are solely responsible for (i) the accuracy, non-deceptiveness, completeness, proprietary, and substantiation of the Video(s), including any scripts, if applicable, as used by you to advertise your business(es), (ii) all Materials, and (iii) any information, disclosures, disclaimers or requirements that are imposed upon you as a result of your business activities by any governmental, regulatory or oversight agency, body, tribunal or proceeding. You agree to review and approve all materials prepared by 4WT or submitted by you to confirm that descriptions and representations, direct or implied, with respect to your business(es), products, services, industry, and competitors, are accurate and supportable and that such descriptions and representations are in compliance with all legal and regulatory requirements, directives and guidelines.
You agree to indemnify and hold 4WT and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TERMS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
4WT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 4WT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Without limiting anything else herein, you acknowledge that 4WT may syndicate the Video(s), on your behalf or on behalf of 4WT, on third-party websites which are now, or later become, available (the "Third-Party Websites") in any and all media now known or hereafter developed. You understand that the syndication of the Video(s) through Third-Party Websites may require that the Video(s) be loaded to third-party servers over which 4WT maintains no control and that once the Video(s) has/have been loaded to third-party servers that content may continue to be streamed and distributed at the third-party's sole discretion. 4WT will have no, and hereby disclaims any, liability from (a) any use of the Video(s), or timing thereof, by any such third-party and (b) any content on such Third-Party Website that was not created by 4WT. Additionally, should your subscription or free trial include syndication to Third-Party Websites, the streaming of your Video(s) will be subject to the third-party's sole discretion. In order to continue streaming of your Video(s), such third-parties, in their sole discretion, may require that (i) you be a paying customer on such Third-Party Website and (ii) you and each Video comply with the terms of service, terms or use and other terms and conditions of such Third-Party Website.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 4WT has no control over such sites and resources, you acknowledge and agree that 4WT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 4WT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 4WT or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. 4WT grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by 4WT for use in accessing the Service.
If you purchase Video(s) pursuant to these TERMS, then 4WT grants you a limited license to use and display the Video(s) that you purchased. All rights, title and interest, including all copyrights, intellectual and other proprietary rights, in and to each Video as well all raw footage shot by 4WT, including, without limitation, tapes, out-takes, "b-roll", interviews, location shots and clips (the "Raw Footage"), shall be the property of 4WT. 4WT shall have the right, but not the obligation, to archive the Raw Footage. No intellectual property rights in any Video will be transferred to you, other than the limited license to use and display the Video(s) that you purchased pursuant to these TERMS. 4WT shall own exclusive rights in any and all derivative works created from any Video. The incorporation of any of your Materials into any Video will not affect 4WT' continued and separate copyright ownership in such Video and 4WT' ownership will not merge with your ownership of your Materials nor deprive 4WT of its copyright ownership. If you receive a file or embed code of any Video (as specified on the order page), then, subject to your compliance with these TERMS (including all payment terms), you are hereby granted a revocable, non-exclusive, worldwide, license to distribute, transmit and stream the Video(s) as provided by 4WT. Notwithstanding any of the foregoing, you agree not to (i) copy any Video from any third-party site using an plug-in or similar software, and (ii) distribute, transmit, stream or otherwise display any Video on any website that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous or displays pornographic or sexually explicit material of any kind. Without limiting any of the foregoing, 4WT or 4WT' third party licensors retain all ownership rights, including copyrights, to any music included in any Video by 4WT, including without limitation any original musical compositions created by 4WT and any music licensed by 4WT from a third-party, and all related rights of every kind to such music, including without limitations the rights to the musical composition, sound recording, arrangement, reproduction, transmission, broadcast, 4WTemination by any manner, performance and moral rights (all such rights together, the "Music"). You hereby grant to 4WT a perpetual, irrevocable, royalty-free, non-exclusive, fully transferable and sublicensable right and license to access, store, copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all of your Materials in connection with the applicable Video in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights. You further grant to 4WT a royalty-free right and license to use your name, image and likeness in advertising and in connection with the licensed rights for the Materials. 4WT shall have no obligation to return the Materials to you following production of the applicable Video.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 4WT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. B. 4WT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. C. 4WT DISCLAIMS ANY WARRANTY NOT ALREADY STATED IN THESE TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO THE VIDEOS, AND 4WT EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. D. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 4WT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. F. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 4WT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 4WT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCALIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TERMS, there shall be no third-party beneficiaries to this agreement.
4WT may provide you with notices, including those regarding changes to the TERMS, by email, regular mail or postings on the Service.
4WT respects the intellectual property of others, and we ask our users to do the same. 4WT may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the 4WT Team the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The 4WT Team can be reached at our corporate offices: By mail: Copyright Issues c/o 4WT Media, 10426 Regent St. Los Angeles, CA 90034 By email: firstname.lastname@example.org
Entire Agreement. The TERMS constitutes the entire agreement between you and 4WT and governs your use of the Service, superseding any prior agreements between you and 4WT with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 4WT services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TERMS and the relationship between you and 4WT shall be governed by the laws of the State of Kentucky without regard to its conflict of law provisions. You and 4WT agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. Waiver. The failure of 4WT to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. Severability of Terms. If any provision of the TERMS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your 4WT account is non-transferable and any rights to your 4WT Profile or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred. Section Titles. The section titles in the TERMS are for convenience only and have no legal or contractual effect.
Please report any violations of the TERMS to any of the 4WT Team Members through the email: email@example.com.