Video Editing by VideoHero terms & conditions
These are very straightforward and typical :)
Please read these Terms & Conditions in advance of purchasing a video editing subscription.
This agreement is between You and VideoHero (“Company”, “we” or “us” ). The term “you” refers to anyone who signs up to our video editing subscription.
Please read these Terms & Conditions carefully. We reserve the right to change them from time to time.
By using our video editing Subscription you are agreeing to the Terms & Conditions as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms & Conditions, please do not use our Subscription Service.
These Terms & Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by subscribing, enrolling in, purchasing and/or using any of our Services, Products Programs and Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Use of your videos
By default, you agree to provide VideoHero with a non-exclusive right and license to publish your work in our marketing, portfolio, social media, newsletter or other communication efforts. If you would like to revoke this right, please notify our team in writing at email@example.com.
Video Hero will try to ensure that the availability and delivery of our video editing service is uninterrupted and error-free.
However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our editing service become unavailable due to any reason, such as system backup procedures, sickness, overload of requests, general network failures or delays, or any other cause which may from time to time make our service inaccessible to you.
THE MATERIALS ON THE VIDEOHERO WEBSITE ARE PROVIDED “AS IS”. VIDEO HERO MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, VIDEO HERO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL VIDEO HERO OR ITS' SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON VIDEOHERO INTERNET SITE OR EDITING SERVICES, EVEN IF VIDEO HERO OR A VIDEOHERO AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF VIDEOHERO UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.
Any claim relating to VideoHero website shall be governed by the laws of the United Kingdom without regard to its' conflict of law provisions.
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of VideoHero to perform under this Agreement. You further agree that, upon registering for the services through the Website, you authorize VideoHero to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency. Payment of the fees shall be in such amounts and at such times as set forth by VideoHero through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Website may be suspended in the event of non-payment of applicable fees. You represent and warrant to VideoHero that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
As above, you may cancel your subscription with VideoHero at any time 5 days before your next payment is taken. Upon cancellation, you will continue to have access to the VideoHero services through the end of your paid billing term.
You understand there are no money back guarantees, refunds or partial refunds but you can cancel your subscription yourself via the Customer Hub, or ask to pause your subscription 5 days before your next payment is taken.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website, Services or Products you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its' terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
Ownership, Trademarks & Stock
You (the client) own all final videos, graphics, and files we create during any month paid in full. We do not provide any working files such as .prproj or .psd files. You will provide all content/copy to be used for our assets under your plan.
You agree that any materials provided to VideoHero are proofed and approved to be used in your assets and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our assets. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to VideoHero that all materials provided do not infringe on the intellectual property rights of third parties.
Subscriptions to stock photography, footage, music or other media are under a specific use license. Managed stock photography or assets are licensed to be used in the specific video files created by VideoHero from a client request. Individual photos or assets will not be provided.
You agree to indemnify, defend, and hold harmless VideoHero and its' affiliates, officers, members, managers, agents, successors, and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its' reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
While we do our best to minimize any mistakes, due to the nature of creative design and video editing, we cannot guarantee all files delivered will be 100% error free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. VideoHero is not responsible or liable for any losses or expenses incurred from errors or omissions.
We will endeavour to supply your video files within the promised time frame but cannot be held responsible for any losses caused by a delay to the supply of your files. Delays can happen due technology fails, incorrect information being supplied or staff sickness.
We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization.
What we so with confidential information
We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Website, Services, Programs, Products or Materials, (3) to periodically send promotions about new Services, Programs, Products or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customise the respective Website, Services, Products or Programs you purchase or use according to your interests and/or (6) for support or communication related to Website, Services, Program, Product or Materials.
All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
You raw video footage is stored for 60 days for subscribed clients before deletion. You are responsible for maintaining your footage on your own drives and storage should you wish to keep it. You final files are available to download for 60 days after the final file is delivered.
If you terminate your subscription all your footage, stock and assets will be removed after 14 days. You will be notified prior to this happening.
We cannot be responsible for loss of files that you fail to download on time.
Viewing by Others
Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Services, Programs, Products or Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Website, Services, Programs, Products, or Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Website, Services, Programs, Products or Materials.
If we find that you are not in alignment with our model, violate our core values, or you are abusing our services or team in any way, including using our services for illegal or adult/pornographic purposes, we reserve the right to cancel your account.
Your right to use the VideoHero services shall terminate upon your breach of any term of this Agreement.
Digital Millennium Copyright Act (DMCA)
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you have any questions about any term of these Terms & Conditions or All DMCA notices, please contact us at [email protected]
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.