Welcome to the “ESellVids” website (the “Website”). The terms “we”, “us”, “our”, and “ESellVids” refers to ESellVids, LLC, a limited liability company organized under the laws of the State of California, and its subsidiaries and assigns. The term “you”, “yourself”, and “Purchaser” refers to the individual, and all legal entities associated with the individual, who views this Website and/or purchases the services and products offered by the Website. This Website, and all services and products you may purchase from us are conditioned on your acceptance of the terms and conditions set forth below, without modification (the “Agreement”).
By clicking the acceptance box and/or making payment, you are accepting and agreeing to these terms and conditions, and you are creating a contract which is legally binding and enforceable between us and you in a court of law.
Therefore, you should read this Agreement carefully. By accessing the information included in this Website, you agree you will use this Website in accordance with this Agreement. We retain the right, at our sole discretion, to deny access to anyone to this website and the services and products we offer, without reason, including, without limitation, for violation of this Agreement.
If you do not agree with all of the provisions set forth in this Agreement, you should not continue to view this Website, and you should not purchase any service or product from this Website. We recommend that you return to this page on a periodic basis to review the current version of this Agreement. We reserve the right at any time, and without notice, to modify this Agreement, in which case your continued access to this Terms and Conditions Agreement will keep you up to date with the latest version and your continued use or access of the Website constitutes acceptance of any modified Agreement. Notice of change.
2) The content and information on this Website, as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or re-sell any information, software, products, or services obtained from or through this Website. You further agree not to use this Website for any illicit or illegal purposes.
3) You acknowledge and agree to the following:
(i) that all of the information you provide to us is true, accurate, current and complete; (ii) that you will not access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) that you will not incorporate any part of this Website into any other website without our prior written consent; (iv) that you will not take any action which could, in our sole opinion, impose an unreasonable load on our bandwidth; (v) you hereby acknowledge and agree that the products and services we provide to you are for business purposes only and that, by their very nature, business endeavors are subject to failure due to events and circumstances beyond our control.
4) Disclaimers:
Our prices can change at any time.
ESellVids is not responsible for any copyright issues that may result. ESellVids reserves the right to refuse any content deemed inappropriate or unacceptable.
ESellVids cannot predict or guarantee the approval of Video content on Facebook or Amazon. ESellVids can only suggest and make revisions according to Facebook's & Amazon's ever-changing compliance policy found here:
https://www.facebook.com/policies/ads/.
If client's video does not get approved ESellVids will allow up to 3 minor revisions to attempt to get the video approved. If unsuccessful, client may request a refund of 50%.
Pets may be unpredictable and cooperation is not guaranteed. If a pet is uncooperative and additional production time is expended, the client may be subject to additional fees and/or video delivery will be delayed.
ESellVids is not liable for loss or any consequence of loss of products or information during shipment.
5) Force Majeure:
ESellVids cinematographers will perform their tasks to the best of their ability, but ESellVids accepts no responsibility for force majeure, act of God or other unforeseen circumstance including but not limited to equipment failure, power outages, inability to attend and perform services due to illness, and/or any other situation beyond ESellVid's control. In the event that unforeseen circumstances occur, ESellVids Cinematographers will use best efforts to provide similar services.
6) Refund Policy:
Client has up to 90 days to fulfill their order by sending their product to ESellVids. After the 90-day period is up, the original price of their purchase may be credited to their account for purchase of another package and may be subject to pay the difference due to price increase, or Client may request a 50% refund of original purchase.
Refunds will be issued at a 50% payback of the original purchase price of appropriate content within 7 days after the refund has been approved.
Rush Delivery fee is non-refundable. Footage purchased is non-returnable.
In a period of 21 days from the date of completion and delivery of the video product, the original edited footage will be deleted. Replacement of the video product due to loss by you will be considered as a new purchase and full price must be received.
7) Delivery Date:
A review copy of the Video will be ready within 15 business days (minimum) from the shoot date, provided the Client has supplied ESellVids with all necessary materials within a reasonable amount of time from ESellVid's request. These include, but are not limited to photos, interview schedules, etc. Client understands that any delay on Client’s part to deliver needed materials for the Video, or to schedule time to record interview sessions, may affect the final delivery date.
After purchase, customer has 60 days to ship us your product and fill out a questionnaire. It is not ESellVids’s responsibility to remind customer to complete questionnaire or ship product. Questionnaire must be FULLY completed; if exited half way through, your video will not be fulfilled. It is customer responsibility to e-mail info@ESellVids.com to inquire about project details if questionnaire is completed + product is shipped. Customers must ship product with their name on it that matches the questionnaire filled out.
After 60 days and the Client has not shipped product, the amount paid for the package will be credited to the Client's account. If prices have increased since purchase, the Client will be responsible for the paying the remaining difference for the video package.
Any specific Client requests may delay delivery of Video. These include but are not limited to specific actor demographics, specific actor requests, script approval before production, specific scene requests, off-location sets, etc.
8) Revisions:
It is the responsibility of the Purchaser to have all content of scripts, images, and video to be used in the constructed video and/or website to be approved prior to completion.
Here at ESellVids we value your satisfaction and strive to provide the best client experience.
In order to maintain and preserve the quality of our service, we offer 3 minor revisions to your video - any additional revisions will be an additional cost.
Please include as much information as possible in each video revision request to keep your revisions to a minimum due to the lengthy process of revisions. Understand that every additional round of revisions will be extending the deadline of your project.
Three minor revisions include, but are not limited to:
* Minor Caption Modifications (Grammar, Font Choice, Style/Color, Sizing, Positioning, Removing, Adding, Stylization)
* Sequencing & Composition (Re-arrangement of Footage and Basic Framing)
* Effect Modifications (Remove or Replace Basic Effects or Transitions)
* Color Correction
* Sound Effects & Music Changes
Additional Revision Costs:
* Additional Scene:
* In-House - $100
* Off Location - $200-$300
* 1 Additional Actor - $150
* Remove Captions - $40
* Complete Re-Edit - $100
* Language Translation - $115
* Complete Re-Shoot (1 hours only) - $550
* Testimonial Re-Shoots - $250
* Premiere Footage - $300
* Dialogue Changes:
* Major: Client want’s multiple sentences re-done - $100
* Minor: Client requests one line changes or one sentence - $50
* PRICES CAN CHANGE AT ANY TIME
9) This Agreement may not be modified except by us as provided in this Agreement.
This Agreement shall be binding on and shall inure to the benefit of you and us. You agree that California law will apply to all disputes arising in connection with this Agreement, this Website, and/or any product or service we provide to you. You hereby consent to the exclusive jurisdiction of the Court of Orange County, California or the Municipal Court of, Orange as we may elect, for the adjudication of all disputes arising in connection with this Agreement, this Website, and/or any product or service we provide to you.
10) Special Provisions for Ownership
ESellVids reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post production. The copyright of such recordings will belong to ESellVids. ESellVids has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between ESellVids and the Customer.
The copyright of such segments will belong exclusively to ESellVids.
11) Disposal
Footage, video files, audio files, and edited video files will be retained for up to sixty (60) days only and will then be repurposed, disposed of, deleted or erased. If at the end of 60 days Services have not been paid for, ESellVids reserves the right to dispose or reuse all Footage, video files, audio files, edited video files, recorded materials and finished works.
Product inventory is stored up to thirty (30) days only after the order has been completed. After 30 days ESellVids reserves the right to donate/dispose of all product inventory unless requested by the Client to ship back product, which they will be responsible for the $25 service fee + all shipping fees.
12) Indemnification:
Client warrants that is has the full legal rights to any and all photography, film, or video images supplied by the Client to ESellVids for use in the Video. Client agrees to indemnify, defend and hold ESellVids and its officers, directors, agents, employees, representatives, associates and affiliates and each of them, harmless from and against any and all losses, costs damage, liability and expense, including reasonable attorney' fees, arising out of any claim whatsoever, including claims of infringement or violation of intellectual property rights, directly or indirectly, from the use of images, information or any other items supplied to ESellVids by Client.
To the maximum extent allowed by law, you hereby agree to indemnify and defend, and hereby waive, releases and holds harmless ESellVid, as well as its representatives, heirs, assigns, or agents (collectively “Released Parties”) from any and all suits, claims, proceedings, demands or incidents alleging injury or loss to person or property (“CLAIMS”), which in any way arise out of or in connection with this Agreement or the services provided by ESellVids. YOU HEREBY ACKNOWLEDGE THAT THIS DUTY TO INDEMNIFY AND DEFEND INCLUDES CLAIMS ARISING FROM OR CAUSED BY RELEASED PARTIES’ NEGLIGENCE. The foregoing shall not apply to Claims caused solely by Released Parties’ gross negligence, willful misconduct or fraud.
13) Limitation of Liability:
ESellVid's maximum liability for any claim arising from or related to this Agreement or services provided by ESellVids shall be limited to a monetary amount no greater than the total of monies paid by the Client. Further ESellVids shall not be liable or responsible for, and you hereby expressly waive, release, and relinquish all claims or demands arising under this Agreement for consequential, special, or indirect damages including, but not limited to, loss of profits, loss of business, and/or loss of use, regardless of legal theory used to assert such claim.
Except for the express warranties set forth in this Agreement, ESellVids does not make any other express or implied warranties or representations of any kind, including any implied warranty of merchantability or fitness for a particular purpose. All such other warranties and representations are hereby disclaimed.
14) Copyrights:
Once the full fee has been paid, Client will have copyright ownership of the completed Video. ESellVids may use any parts of it for valid business promotion (e.g. demo tape, demo video for Studio website, captured stills for web or additional marketing, etc). Full rights to the raw footage may be purchased for an additional fee of $300. Raw files and footage must be purchased within 60 days of video delivery or ESellVids will have full rights to the files.
15) Creative Control:
ESellVids will work with the Client to get feedback and input, but Studio retains creative control over the final Video.
16) Compensation:
Based on the Client’s chosen packages and creative requirements, the compensation to ESellVids for the Video will be based on the prices displayed on our website or through custom quotes. Full payment is due at time of purchase.
17. Miscellaneous:
Severability and Reformation: In the event any of the provisions contained herein are found to be null, void, and/or unenforceable, then such provision shall be reformed to the maximum extent allowed under applicable law to further the intent of the offending provision or removed with all else in this Agreement remaining effective.
No 3rd Party Beneficiaries: Both parties do hereby expressly acknowledge and confirm that no third party shall be deemed a beneficiary of this CONTRACT.
Dispute Resolution: This Agreement is to be governed and construed in accordance with the laws of the State of California without reference to choice of law rules. If any claim arises out of this Agreement, the parties shall, as a condition precedent to arbitration, engage in mediation of any dispute, unless the parties agree otherwise in writing. Any dispute which is not settled or disposed of by mediation shall be referred to binding arbitration or a claim may be filed in the appropriate court of law. The arbitration or court proceedings shall take place in Orange County, California, or elsewhere as the parties may agree. The prevailing party of any arbitration or court proceeding shall be entitled to recover from the non-prevailing party all reasonable costs and attorneys’ fees arising from enforcing its rights under this Agreement.
