ALL SERVICES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
0. All sales are final. No refunds will be given upon completion of sale. Once purchased, video services can be transferred to another party, or originally purchased for a 3rd party, or purchased, then sold to another party. All such sales are private between sellers, however all terms and conditions put forth by IntroVideo.biz to the original buyer will still apply to all subsequent sales.
2. DEFINITIONS: This agreement is between IntroVideo.biz and the commissioning party (“Client”). “Video(s)” and “Image(s)” means the visual and/or other forms of materials or digital information supplied by IntroVideo.biz to Client. IntroVideo.biz is the sole creator of of the Video(s) and Image(s). “Service(s)” means the videography and/or photography, and/or digital or other services in this Agreement that Client is specifically commissioning IntroVideo.biz to perform pursuant to this agreement. “Transmit” or “Transmission” means distribution by any device or process whereby a copy of a Video(s) and/or Photograph(s) is fixed beyond the place from which it was sent. “Copyright Management Information” means the name and other identifying information of IntroVideo.biz, terms and conditions for uses of the Video(s) and/or Photograph(s), and such other information that IntroVideo.biz may prescribe.
3. RIGHT TO USE WEBSITE: Unless otherwise stated in writing, IntroVideo.biz and/or its licensors own the intellectual property rights in the website and material on the website, including videos, text, images, logos, graphic elements. All these intellectual property rights are reserved.
Client may not:
4. ACCEPTABLE USE: Client may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Client may not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. Client may not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website
4. RESTRICTED ACCESS: Access to certain areas of this website is restricted. IntroVideo.biz reserves the right to restrict access to any area of this website, or indeed this entire website, at IntroVideo.biz’s discretion. If IntroVideo.biz provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. IntroVideo.biz may disable your user ID and password in IntroVideo.biz sole discretion without notice or explanation.
5. USER CONTENT: In these terms and conditions, “client user content” means any material that you submit to this website, for whatever purpose. Client user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or IntroVideo.biz or a third party (in each case under any applicable law). Client must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. IntroVideo.biz reserves the right to edit or remove any material submitted to this website, or stored on IntroVideo.biz servers, or hosted or published upon this website.
6. FEES: Client is responsible for full payment of all fees. The rights licensed set forth in this Agreement apply only to the original specification of the Services. Additional fees and charges shall be paid by Client for any subsequent changes, additions or variations requested by Client.
7. LIMITATION OF LIABILITY AND INDEMNITY: Even if Client’s exclusive remedy fails of its essential purpose, IntroVideo.biz entire liability shall in no event exceed the fee paid to IntroVideo.biz. UNDER NO CIRCUMSTANCES SHALL IntroVideo.biz BE LIABLE FOR GENERAL, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING FROM THIS AGREEMENT, SERVICE’S, THE VIDEO(S) OR PHOTOGRAPH(S) OR ANY ACTS OR ADMISSIONS OF IntroVideo.biz. Client shall indemnify and hold IntroVideo.biz harmless from any and all claim, liabilities, damages, and expenses of any nature whatsoever, including actual attorney’s fees, costs of investigation, and court costs arising from or relating to Client’s direct or indirect use of the Video(s) and/or Photograph(s) or in connection with IntroVideo.biz reliance on any representation, instructions, information, or materials provided or approved by Client.
8. RIGHTS: The rights are transferred only upon: (A) Client’s acceptance of all terms and Conditions contained in this Agreement, (B) IntroVideo.biz’s receipt of full payment. Unless otherwise specifically stated in this Agreement, all rights are non-exclusive and the duration of the rights is unlimited. IntroVideo.biz reserves all rights in the Video(s) and/or Photograph(s) of every kind and nature, including, without limitation, electronic publishing and use rights, in any and all media , throughout the world, now existing and yet unknown, that are not specifically licensed or transferred by this agreement. Client shall not assign any of its rights or obligations under this Agreement. This Agreement shall not be assignable or transferable without the prior written consent of IntroVideo.biz and provided that the assignee or transferee agrees in writing to be bound by all the terms, conditions, and obligations of this Agreement. Any voluntary assignment or assignment by operation of law of any rights or obligations of Client shall be deemed a default under this agreement allowing IntroVideo.biz to exercise all remedies including, without limitation, terminating this Agreement, obtaining all net worth or financial information of any assignee and full and timely performance of all obligations and complete and substantial assurances of all future performance. IntroVideo.biz does not grant Client the right to create derivative products, including social media posts, and any other form of video from the original product. Use on professional platforms, employment platforms, company, professional and personal websites, social media posts and other similar uses of the complete video, headshots and other finalized products are encouraged.
9. PAYMENT AND COLLECTION TERMS: Invoices from IntroVideo.biz are payable upon receipt. In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover their actual attorney’s fees, court costs and all other non-reimbursable litigation expenses such as expert witness fees and investigation expenses. No lawsuits pertaining to any matter arising under or growing out of this Agreement shall be instituted in any place other than the state of California.
10. RELEASES: NO MODEL, PROPERTY, TRADEMARK, OR OTHER SUCH RELEASE EXISTS FOR ANY VIDEO(S) AND/OR PHOTOGRAPH(S) UNLESS IntroVideo.BIZ SUBMITS TO CLIENT A SEPARATE RELEASE SIGNED BY A THIRD PARTY MODEL OR PROPERTY OWNER.
11. ELECTRONIC RIGHTS: The use rights reserved by IntroVideo.biz include, without limitation, all rights of publication, Distribution, Display, Transmission, or other use in electronic, digital and other media of any kind, now existing and yet unknown. Unless specifically requested, periodic use of Client’s final product for IntroVideo.biz or its affiliates or derivative or associated companies for use in promotion, advertising or examples of work, is authorized by the Client without compensation.
12. MODIFICATIONS, GOVERNING LAW AND MISCELLANEOUS: This Agreement sets forth the entire understanding and agreement between Licensor and Client regarding the Service(s), Video(s) and/or Image(s). This Agreement supersedes any and all prior representations and agreements regarding the Service(s), Video(s) and/or Photograph(s) whether written or verbal. Neither v nor Client shall be bound by any term, condition, representation, warranty or provision other than as specifically stated in this Agreement. No waiver or modification may be made to any term or condition contained in this Agreement unless in writing and signed by IntroVideo.biz. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement. Notwithstanding anything to the contrary, no Video(s) and/or Photograph(s) may be used in any manner without IntroVideo.biz’s prior written consent, and Client’s use of any Video(s) and/or Photograph(s) constitutes Client’s complete acceptance of this Agreement. The formation, interpretation, and performance of this Agreement shall be governed by the laws of the state of California. All paragraph captions in this Agreement are for reference only, and shall not be considered in construing this Agreement. This Agreement shall be construed in accordance with its terms and shall not be construed more favorably for or more strongly against IntroVideo.biz or Client.
13 NO WARRANTIES: This website is provided “as is” without any representations or warranties, express or implied. IntroVideo.biz does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
14. LIMITATIONS OF LIABILITY: IntroVideo.biz will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if IntroVideo.biz has been expressly advised of the potential loss.
15. PRIVACY: IntroVideo.biz does not sell or permit the sale of any personal information of our Clients. This information includes, Name, Address, Telephone, email address or any Payment type or other Payment information. IntroVideo does collect information that aids in the speed of development and deployment of its site and product, information regarding video views and other metrics associated with the final videos and their distribution. IntroVideo does not sell or distribute this information to entities outside of IntroVideo. Metrics regarding video views and other data are made available to the client to the extent possible as permitted by the hosting entity.
16. BREACHES OF THESE TERMS AND CONDITIONS: Without prejudice to IntroVideo.biz’s other rights under these terms and conditions, if you breach these terms and conditions in any way, IntroVideo.biz may take such action as IntroVideo.biz deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
17. REVISIONS: IntroVideo.biz may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.