Terms & Conditions

Standard Contract

Updated March 2023

This Standard Contract (“Agreement”) is between you (“you” or “Customer” or “End User”) and the Video Factory Ltd.

This contract governs your use of offerings purchased through Videofactory.org or other Video Factory Market Place.

In a brief:

  • Bought items or services are completely owned by Video Factory until the agreed payment is completely fulfilled
  • After a complete payment delivered videos are property of the Customer
  • Customer owns rights only on videos delivered not templates used to create videos
  • Video Factory keep/store bought products for 30 days after it has announced the customer the products are ready for a download
  • Video Factory will keep customer´s information (contact, purchase, payments) for 12 months
    • Customer may request to remove this information sooner

RIGHT TO OFFERINGS

End User Customer. Offerings are sold to Customer. Upon acceptance of an Order, and subject to Customer’s compliance with this Agreement, Publisher grants Customer a nonexclusive and unlimited right to use the ordered Offerings.

Agency / Reseller Customer. The Customer will control access to and use of the Offerings by End Users and is responsible for any use of the Offerings that does not comply with this Agreement. Video Factory does not deliver final products to an End User unless Agency / Resell requests it.

Affiliates. Affiliates are subject for commission or other agreed compensation only though a contract agreed prior to the activation.

  1. Introduction and Acceptance of Terms
  2. Definitions
  3. Services and Products
  4. Ownership and Rights
  5. Use of Services and Products
  6. Payment and Refunds
  7. Termination and Suspension
  8. Disclaimer of Warranties
  9. Indemnification
  10. Confidentiality
  11. Changes to the Terms and Conditions
  12. Governing Law and Dispute Resolution
  13. Contact Information
  1. Introduction and Acceptance of Terms

Welcome to Video Factory, a digital agency that provides video production services for End Users and Resellers. These terms and conditions (the “Terms”) govern your access to and use of our website and services. By accessing our website and using our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you should not access our website or use our services. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our website and services after any such updates or modifications indicates your acceptance of the revised Terms.

Please read these Terms carefully before using our website or services. If you have any questions or concerns about these Terms, please contact us at [contact email].

Acceptance of Terms

By accessing our website and using our services, you agree to be bound by these Terms. If you are using our website or services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms.

If you do not agree to these Terms, you should not access our website or use our services. If you violate any of these Terms, your permission to access our website and use our services may be terminated or suspended.

Our website and services are intended for use by individuals who are at least 18 years old or who have reached the age of majority in their jurisdiction of residence. By accessing our website and using our services, you represent and warrant that you meet these requirements.

Updates and Modifications

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our website and services after any such updates or modifications indicates your acceptance of the revised Terms.

Please check these Terms periodically for any updates or modifications. If you do not agree to the revised Terms, you should stop using our website and services.

Contact Information

If you have any questions or concerns about these Terms or our website and services, please contact us at [contact email].

2. Definitions

The following terms have the meanings set forth below:

  • “Digital Agency” refers to Video Factory, a digital agency that provides video production services to End Users and Resellers.
  • “End User” refers to a customer of the Digital Agency who is the ultimate owner of the video produced by the Digital Agency.
  • “Reseller” refers to a customer of the Digital Agency who purchases video production services from the Digital Agency for the purpose of reselling those services to third parties.
  • “Affiliate” refers to a person or entity who has agreed to promote the Digital Agency’s services in exchange for a commission or other compensation.
  • “Services” refers to the video production services provided by the Digital Agency to End Users and Resellers, including but not limited to the creation of custom videos, use of video templates, and other related services.
  • “Products” refers to the video templates and other materials used by the Digital Agency in the video production process.
  • “Terms” refers to these terms and conditions that govern your use of the Digital Agency’s website and services.
  • “Website” refers to the Digital Agency’s website, located at www.videofactory.org
  • “User” refers to any person or entity who accesses the Digital Agency’s website or uses its services.
  • “Payment” refers to the amount paid by the User to the Digital Agency for its services or products.
  • “Video” refers to the final product produced by the Digital Agency for the End User or Reseller.
  1. Services and Products

The Digital Agency provides video production services to End Users and Resellers. These services include the creation of custom videos, use of video templates, and other related services.

The Digital Agency may also provide access to certain video templates and other materials (collectively, “Products”) for use by End Users and Resellers. However, it is important to note that the rights to the Products and any other materials used to create the video remain the property of the Digital Agency, and are not included in the sale of the final product to the End User or Reseller.

The Digital Agency reserves the right to modify or discontinue its services and Products at any time, without prior notice to the User. The Digital Agency also reserves the right to limit the availability of its services and Products to any person or geographic area at any time, without prior notice to the User.

The User agrees to provide accurate and complete information when placing an order for the Digital Agency’s services or Products. The Digital Agency reserves the right to refuse or cancel any order placed by the User if the information provided is inaccurate or incomplete, or if the User violates these Terms.

The User agrees to pay the Digital Agency the full amount due for its services or Products, as specified in the order. The Digital Agency reserves the right to modify its pricing at any time, without prior notice to the User.

The Digital Agency will retain ownership of any and all intellectual property rights in the video and any other materials used to create the video, including but not limited to the Products. The User is granted a limited, non-exclusive, non-transferable license to use the video for its intended purpose, subject to these Terms.

The Digital Agency will not be liable for any loss or damage resulting from the use of its services or Products. The User agrees to indemnify and hold the Digital Agency and its affiliates, officers, directors, employees, agents, and contractors harmless from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from the User’s use of the Digital Agency’s services or Products, or from any violation of these Terms by the User.

  1. Ownership and Rights

The Digital Agency retains ownership of all intellectual property rights in the Services, Products, and any other materials used to create the video. The User acknowledges and agrees that all content and materials available on the Digital Agency’s website, including but not limited to text, graphics, logos, icons, images, audio clips, and software, are the property of the Digital Agency or its licensors, and are protected by applicable copyright, trademark, and other intellectual property laws. User will own rights for all materials which User provides for ordered videos, such as User´s own logo, images, audio, etc.

The User is granted a limited, non-exclusive, non-transferable license to use the Services and Products for their intended purpose, subject to these Terms. This license does not grant the User any ownership or intellectual property rights in the Services or Products, or any other materials used to create the video.

The User agrees not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Digital Agency’s website or through the use of its Services or Products.

The Digital Agency respects the intellectual property rights of others and expects its Users to do the same. If the User believes that their intellectual property rights have been infringed by the Digital Agency, they may submit a written notice of infringement to the Digital Agency’s designated agent for receiving such notices.

The Digital Agency may terminate the User’s access to its Services and Products if the User is found to be infringing the intellectual property rights of others, or if the User is found to be in violation of these Terms.

The Digital Agency reserves the right to modify these Terms at any time, without prior notice to the User. Any changes to these Terms will be effective immediately upon posting to the Digital Agency’s website. The User’s continued use of the Digital Agency’s website or Services after the posting of any changes to these Terms constitutes acceptance of those changes.

5. Use of Services and Products

The User agrees to use the Digital Agency’s Services and Products only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Services or Products by any third party.

The User agrees not to use the Services or Products to create any video that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable. The Digital Agency reserves the right to refuse to provide its Services or Products to any User who violates this provision.

The User acknowledges that the Digital Agency may need to access, use, modify, and disclose the User’s information in order to provide its Services and Products. The Digital Agency will use the User’s information only for the purposes of providing its Services and Products, and will not disclose the User’s information to any third party except as necessary to provide the Services and Products or as required by law.

The User agrees to keep their login information, password, and any other confidential information related to their account with the Digital Agency secure and confidential. The User will be responsible for all activities that occur under their account.

The Digital Agency reserves the right to suspend or terminate the User’s access to its Services and Products if the Digital Agency believes that the User has violated these Terms or any applicable law, or if the Digital Agency determines that the User’s use of the Services or Products poses a risk to the security or operation of the Digital Agency’s website or systems.

The Digital Agency does not guarantee that its Services or Products will be uninterrupted, timely, secure, or error-free. The User acknowledges that the Digital Agency may modify or discontinue its Services or Products at any time, without prior notice to the User.

The User agrees to indemnify and hold the Digital Agency and its affiliates, officers, directors, employees, agents, and contractors harmless from any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from the User’s use of the Digital Agency’s Services or Products, or from any violation of these Terms by the User.

These Terms constitute the entire agreement between the User and the Digital Agency regarding the User’s use of the Digital Agency’s Services and Products, and supersede all prior agreements and understandings, whether written or oral, regarding the same. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Video Factory is not responsible if any of the videos are used in a harmful way to a third party. Video Factory does not take any political stand if its products are used for political reasons. It only provides a service of videos without any further statement behind it.

Video Factory is not accepting payments from following countries: Iran, Cuba, Russia, North Korea, Sudan, Crimea region of Ukraine, Syria, Venezuela, Belarus. We will update the list accordingly to comply with international trade and banking recommendations Video Factory is not responsible for any third-party actions that are forwarding product(s) to previously listed countries.

6. Payment and Refunds

The Digital Agency’s Services and Products are available for purchase by the User through the Digital Agency’s website or through an authorized reseller or affiliate. The User agrees to pay all fees and charges associated with the Services or Products, including any applicable taxes.

The Digital Agency may change its fees and charges for its Services or Products at any time, without prior notice to the User. The User’s continued use of the Services or Products after any such fee or charge changes constitutes acceptance of the new fees or charges.

If the User wishes to cancel an order for Services or Products, the User must do so before the Digital Agency has started work on the order. If the Digital Agency has already started work on the order, the User will be responsible for payment of the fees and charges associated with the Services or Products.

The Digital Agency may provide refunds for its Services or Products at its sole discretion. If the User believes that they are entitled to a refund, the User should contact the Digital Agency’s customer service department to request a refund.

The Digital Agency may suspend or terminate the User’s access to its Services or Products if the User fails to pay any fees or charges when due.

The Digital Agency will use commercially reasonable efforts to ensure that the User’s payment information is secure and confidential. However, the Digital Agency cannot guarantee the security of the User’s payment information, and the User acknowledges and agrees that they provide their payment information at their own risk.

The User acknowledges and agrees that any unauthorized use of their payment information is prohibited, and may result in the suspension or termination of the User’s access to the Digital Agency’s Services or Products, as well as other legal remedies.

These Terms constitute the entire agreement between the User and the Digital Agency regarding payment for the Services and Products, and supersede all prior agreements and understandings, whether written or oral, regarding the same. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Subscription orders are subject to cancellation with one month’s notice, except the first payment which covers the first two months. Subscription contract recurs right to make orders with unused “credits”. Each subscription order has a different time until these “credits” expire. After expiration “credits” are no more valid and Video Factory is not liable to provide service against those payments.

7. Termination and Suspension

The Digital Agency may suspend or terminate the User’s access to its Services or Products at any time, without prior notice to the User, if the Digital Agency believes that the User has violated these Terms or any applicable law, or if the Digital Agency determines that the User’s use of the Services or Products poses a risk to the security or operation of the Digital Agency’s website or systems.

The Digital Agency may also suspend or terminate the User’s access to its Services or Products if the User fails to pay any fees or charges when due.

The User may terminate their account with the Digital Agency at any time by providing written notice to the Digital Agency. Upon termination of the account, the User’s access to the Digital Agency’s Services and Products will be terminated.

If the User’s account is terminated by the Digital Agency, the User will no longer have access to the Digital Agency’s Services or Products, and any rights or licenses granted to the User under these Terms will terminate immediately.

The User acknowledges and agrees that upon termination of their account, the Digital Agency may delete any information or content associated with the User’s account, and that the Digital Agency will have no liability to the User or any third party for any such deletion.

Sections 4, 5, 6, 7, 8, and 9 of these Terms will survive any termination or expiration of the User’s account with the Digital Agency.

These Terms constitute the entire agreement between the User and the Digital Agency regarding the User’s access to and use of the Digital Agency’s Services and Products, and supersede all prior agreements and understandings, whether written or oral, regarding the same. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

8. Disclaimer of Warranties

THE DIGITAL AGENCY’S SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE DIGITAL AGENCY DOES NOT WARRANT THAT THE SERVICES OR PRODUCTS WILL MEET THE USER’S REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES OR PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE. THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND PRODUCTS.

9. Limitation of Liability

IN NO EVENT SHALL THE DIGITAL AGENCY OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE 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 THE DIGITAL AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES OR PRODUCTS, THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR PRODUCTS, OR ANY OTHER MATTER RELATING TO THE SERVICES OR PRODUCTS.

10. Indemnification

The User agrees to indemnify and hold harmless the Digital Agency and its directors, officers, employees, agents, affiliates, and licensors, from and against any claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with the User’s use of the Services or Products, or any violation of these Terms by the User.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the Digital Agency is located, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms or the Services or Products shall be resolved through binding arbitration conducted in accordance with the rules of the arbitration association chosen by the Digital Agency. The arbitration shall be held in the jurisdiction where the Digital Agency is located, and the award of the arbitrator shall be final and binding upon the parties.

12. Modifications to the Terms

The Digital Agency may modify these Terms at any time, without prior notice to the User. The User’s continued use of the Services or Products after any such modifications constitutes acceptance of the new Terms. If the User does not agree to the new Terms, the User should immediately stop using the Services or Products.

13. Miscellaneous

These Terms constitute the entire agreement between the User and the Digital Agency regarding the User’s use of the Services and Products, and supersede all prior agreements and understandings, whether written or oral, regarding the same. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. No waiver of any breach of these Terms shall be deemed to be a waiver of any other or subsequent breach. The User may not assign or transfer any of their rights or obligations under these Terms without the prior written consent of the Digital Agency. The Digital Agency may assign or transfer these Terms, in whole or in part, without restriction.

14. Contact information

Video Factory Limited Company

Company Registration number: 2956296

  • Billing address: Rm. 1402-3 Connaught Commercial Building

  • 185 Wan Chai Road, Hong Kong

  • [email protected]
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