This agreement is between “VideoMint”, a division of AdvertiseMint, Inc. organized under the laws of the State of California, and you, referred to as “The Client” in this agreement and refers to the individual, and all legal entities associated with the individual, who views the VideoMint website and/or purchases the services and products offered by the VideoMint website.
All VideoMint services and products are conditioned on your acceptance of the terms and conditions set forth below, without modification. By clicking the acceptance box and/or making payment to VideoMint, 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.
Please read this agreement carefully. If you do not agree with all of the provisions set forth in this agreement, you should not continue to view the VideoMint Website and/or purchase any service or product from VideoMint.
VideoMint retains the right, at our sole discretion, to deny access to anyone to this website and/or our services and products we offer, without reason, including, without limitation, for violation of this Agreement.
VideoMint reserves 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. All changes to this Terms and Conditions Agreement will be sent via email.
2. THE CONTENT
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 the VideoMint website. You further agree not to use the VideoMint website or services for any illicit or illegal purposes.
3. THE ACKNOWLEDGEMENTS
You acknowledge and agree to the following:
(i) that all of the information you provide to us is true, accurate, current and complete;
(ii) you will not access, monitor or copy any content or information of the VideoMint Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) you will not incorporate any part of the VideoMint website into any other website without our prior written consent;
(iv) you will not take any action which could, in our sole opinion, impose an unreasonable load on our bandwidth;
(v) you 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.
(vi) you acknowledge that all creative assets provided to VideoMint by you or your team are fully licensed and approved to use for paid advertising, social media or mass distribution.
4. THE DISCLAIMERS
Our prices can change at any time and without notice.
VideoMint is not responsible for any copyright issues in relation to your video or that may result from advertising your video. VideoMint reserves the right to refuse any content deemed inappropriate or unacceptable.
VideoMint cannot predict or guarantee the approval of Video content on any of the major ad platforms. We suggest you are aware VideoMint can only suggest and make revisions according to the ad policies found here:
If Client's video is not approved, VideoMint will make up to 3 revisions via editing to get it approved.
VideoMint is not a performance marketing agency and is not responsible for the performance of the video content once produced.
VideoMint is not liable for loss or any consequence of loss of products or information during shipment.
5. FORCE MAJEURE:
VideoMint cinematographers will perform their tasks to the best of their ability, but VideoMint 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 VideoMint’s control. In the event that unforeseen circumstances occur, VideoMint Cinematographers will use best efforts to provide similar services in a timely manner. If services are unable to be provided within 90 days, a refund will be provided to CLIENT.
6. REFUND POLICY
By purchasing VideoMint services, you are bound by this agreement and agree to abide by our policies.
VideoMint operates as a business and we expect Clients to agree to and respect our policies. Our goal as a video production company is to bring the highest value per dollar spent by our Client’s, and in order to help us in that pursuit, we need to cover expenses and fuel our operations. VideoMint requires payments to be made upfront before services are offered to the Client.
Video Production, Editing & Photography
Video production, photography and editing require extensive resources, consumes time and incurs internal expenses. Therefore once a payment or deposit is made, it is non-refundable. If a project gets cancelled, delayed or postponed by the Client, then all money paid will be retained by VideoMint and if applicable, an additional cost will be charged to the Client for all work completed beyond what was already paid for. No exceptions.
The Client has up to 90 days to fulfill their order by sending their product to VideoMint. 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.
Credit card info is stored within our payment processing system so that we can charge the Clients card for services provided or we may also send an invoice so that you can pay from your end. Claiming that you didn’t provide your card info or that you are not aware of such charges is illegal and fraudulent. If any chargeback or payment dispute is caused by the Client to a bank or credit card company, then Client services and/or projects will be suspended and in some cases all work will be undone (reversed) without notice. Furthermore, the amount of the chargeback fee will be issued to the Client (to recover any fees passed on to us by the credit card company). If any of the creatives that were provided by VideoMint are utilized for advertising at any point in the future, the Client agrees to be responsible for a minimum of $100,000 in damages for utilizing the video after claiming a chargeback. Any outstanding balances accrued as a result of the chargeback(s) will have to be paid in full before we restore service, deliver any files, or commence any work. If there is an issue, the Client agrees to contact VideoMint via email prior to submitting a chargeback.
Requesting a chargeback or opening a dispute for a valid charge from us is fraud. Chargebacks are never a legal or appropriate means of obtaining a refund. All disputes will be challenged by our lawyers with sufficient evidence from our records.
The Client’s payments covers/pays for labor and presentation media in the production of the agreed video, picture and/or editing services. Every effort is taken by VideoMint to provide the Client with agreed product, and dissatisfaction of its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the Client as grounds for refunds or compensation, for which VideoMint is not liable.
The Client agrees that any Rush Deliver fees are non-refundable.
RAW footage purchased is non-refundable and 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 VideoMint with all necessary materials within a reasonable amount of time from VideoMint’s request. These include, but are not limited to photos, interview schedules, location scheduling, 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, the Client has 60 days to ship VideoMint your product and fill out a questionnaire. Questionnaire must be FULLY completed by the Client; if exited half way through, your video will not be fulfilled. It is customer responsibility to e-mail firstname.lastname@example.org to inquire about project details and if product is shipped. Customers must ship any product with a name on it that matches the questionnaire filled out.
After 60 days and the Client has not shipped product(s), 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 paying the remaining difference of 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.
It is the responsibility of the Client 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 VideoMint we value your satisfaction and strive to provide the best client experience.
In order to maintain and preserve the quality of our rapid video production 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
Pricing for additional services and additional revision costs can be found on our website and are subject to change at any time. Please visit www.videomint.com/pricing
9. AGREEMENT MODIFICATION
This Agreement shall be binding on and shall endure to the benefit of the Client and VideoMint. The Client agrees 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 the Client. You hereby consent to the exclusive jurisdiction of the Court of Los Angeles, California or the Municipal Court of, Los Angeles 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
VideoMint 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 VideoMint. VideoMint 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 VideoMint and the Client. The copyright of such segments will belong exclusively to VideoMint.
Raw 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, VideoMint reserves the right to dispose or reuse all Raw 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 VideoMint 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 service fee + all shipping fees.
We do not fulfill international shipments of the United States. The Client will be responsible for Postage fees in addition to our service fee.
VideoMint is not responsible for any customs fees associated with shipping to VideoMint or shipping to the Client.
Client warrants that they have the full legal rights to any and all photography, film, or video images supplied by the Client to VideoMint for use in the Video. Client agrees to indemnify, defend and hold VideoMint 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 VideoMint by Client.
To the maximum extent allowed by law, the Client hereby agrees to indemnify and defend, and hereby waive, releases and holds harmless VideoMint, as well as its parent organization, representatives, heirs, assigns, or agents from any and all suits, claims, proceedings, demands or incidents alleging injury or loss to person or property, which in any way arise out of or in connection with this Agreement or the services provided by VideoMint.
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 the Clients gross negligence, willful misconduct or fraud.
13. LIMITATION OF LIABILITY
VideoMint’s maximum liability for any claim arising from or related to this Agreement or services provided by VideoMint shall be limited to a monetary amount no greater than the total of monies paid by the Client. Further VideoMint 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, VideoMint 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.
After the full fee has been paid, the Client will have copyright ownership of the completed video provided by VideoMint. The Client agrees that VideoMint may use any parts of the completed video for business promotion (e.g. demo tape, demo video for website, captured stills for web or additional marketing, etc). Full rights to the raw footage may be purchased for an additional fee. Raw files and footage must be purchased within 60 days of video delivery or VideoMint will have full rights to the raw files.
15. CREATIVE CONTROL
VideoMint will work with the Client to get feedback and input, but VideoMint retains creative control over the final video.
Based on the Client’s chosen packages and creative requirements, the compensation to VideoMint 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 and prior to any completed work.
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 Los Angeles, 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.
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