VMMEZ/Combined Business Solutions, Inc.–Terms and Conditions

The following text contains the purchase agreement terms and conditions that governs the use of Video Marketing Made Easy (VMMEZ and VMMEASY), A Division of Combined Business Solutions, Inc. (collectively known as “company”) products and services including but not limited to web actor videos aka website spokesperson videos, web commercials, landing pages, video landing pages, video email, video banners aka flash banners, video banner ads aka flash video banner ads, marketing cds aka video business cards, marketing and promotional dvds, websites, etc.(collectively known as "products/services"). Please note that the company reserves the right to modify this agreement at any time, all prices are in U.S. Dollars or British Pounds, all sales are final, and end user's purchase of company products/services constitutes a binding acceptance of this agreement.

Privacy Policy - Personal information is defined as information about the end user that can be used to personally identify him/her. This can include end user's name, address, email address, phone or fax numbers, credit card information, and any other information that is not publicly available. The end user is required to share personal information when he/she requests information about our products/services, updates, electronic information, or purchases products/services. The company will only disclose your personal information with your consent to third parties who work on behalf of the company to provide products/services requested by you. 

End User Prohibited Uses - Under this agreement end user acknowledges that he/she is at least eighteen years of age, is not under any legal disability which prevents him/her from entering into a binding contact, that all information he/she provides to company is true, accurate, current, and complete, and that he/she will not violate the terms and conditions in this agreement; is not granted a license to any hardware or software, and is directly and indirectly prohibited to including but not limited to: interfere with the products/services by using programs, technology, and/or viruses designed to disrupt or damage any software/code or hardware; create derivative works from and/or modify products/services and proprietary code by reverse engineering, decompiling or disassembling code, technology, etc. used to provide products/services; remove or use any proprietary notices, graphics, or labels from the products/services or any software/code, modify, translate, or create derivative works based on the products/services or any software/code; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the products/services, graphics or any software/code; use spiders or other devices, code, technology, and/or process, etc. to monitor the activity on, copy information, code, technology etc. from our products/services, materials, websites, etc., that end user will not "frame", "mirror" or otherwise incorporate any part of company's website/content/forms/graphics/etc. into any other website without company's prior written consent; that end user will not take any action which could, in the company's sole opinion, impose an unreasonable load on company's infrastructure except in the operation or use of an internet search engine, website analytics or like technology that is approved to be used by company with purchased products/services and can only be installed by the company; imply or state end user is an employee/representative, business partner, etc. of the company or impersonate any employee or representative of the company; use meta tags, search terms/words, key terms/words, or any terms/words similar to that contained company's name or trademarks; engage in any activity that interferes with company or any other user's ability to use or promote the company's products/services; or aid, collaborate, and/or instigate a third-party in engaging in any activity prohibited by this agreement.(h) infringe on the company's copyright, trademark, patent, trade secret, right of privacy, right of publicity and/or other legal rights of any third-party. The products/services shall be used for end user's internal business (which includes civic or charitable) purposes only and end user shall not use the products/services or any software/code for any other purposes than what it was originally intended. End user acknowledges and agrees that the products/services and the company names, logos, graphics and all related product and service names, design marks and slogans, are the property of the company and/or its affiliates and third-party suppliers (collectively known as "marks"). End user is not authorized to use any of the marks in any advertising, publicity or any other commercial manner without the prior written consent of the company. End user's use of the products/services confers no title or ownership in the products/services, the software/code or the marks and not a sale of any rights in the products/services, the software/code or the marks. Company maintains ownership of all products/services, end user receives a copy of what is produced for himself/herself and his/her customer's use. End user represents, covenants, and warrants that he/she will use the products/services, graphics, and code/software only in compliance with the agreement and all applicable laws including but not limited to policies and laws related to including but not limited to spamming, privacy, obscenity, or defamation. End user agrees he/she will not access or otherwise use company's, and/or affiliates, and third-party supplier's mailing lists in connection with preparing or distributing unsolicited email to any other third-party. End user hereby agrees to indemnify and hold harmless company and/or its affiliates, and third-party suppliers against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to End user's use of the products/services. Although company has no obligation to monitor the content provided by End user or his/her use of the products/services, the company may do so and may remove any such content or prohibit any use of the products/services it believes may be (or is alleged to be) in violation of the foregoing. The products/services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States federal, state or other laws that may apply in this jurisdiction or End user's local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third-party's intellectual property rights. End user may not remove or export from the United States or allow the export or re-export of the products/services or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable Country. If end user is using the products/services in any country in the European community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the services or the software does not affect end user's rights under any legislation implementing the Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs. End user acknowledges that company reserves the right, at its discretion, to not engage or work with companies and individuals that offer objectionable or offensive content which includes but is not limited to adult entertainment, racism, terrorism, or violence. End user acknowledges that his/her purchased data/content including but not limited to videos, FLVs, images, files, etc.(collectively known as "data/content") may not appear in mediums and/or promotional content related to adult entertainment, racism, terrorism, or violence, nor does the company have to provide video services for the promotion of adult entertainment, racism, terrorism, or violence even if end user offers to provide his/her own talent for this purpose. End user acknowledges that if company finds that end user has violated this agreement by placing purchased data/content on mediums and/or promotional content related to adult entertainment, racism, terrorism, or violence that the end user's hosting services for all purchased data/content and reseller program and/or affiliate program if applicable will also be terminated without refund.

License to Use Company Products/Services -Company exclusively and solely owns all intellectual property and other rights, copyrights, certain technology, and interests of the company products/services except as expressly provided for in this Agreement. Intellectual property/technology, etc. owned by company cannot be duplicated or resold to a third-party without prior written consent. Furthermore, only the products/services offered by company to end user may only be used for the purpose intended. End user will not acquire any right to use any of the company products/services other than expressly outlined in this agreement, and company grants end user a limited revocable license to access and use company products/services for its intended purposes, subject to end user's compliance with this agreement. This license does not include the right to collect or use information contained on any of the company products/services materials for purposes prohibited by company. Company reserves the right to revoke the license granted to the end user, if end user collects or uses any of the company products/services in a manner that exceeds this license or breaches this agreement in any way. All websites, landing pages, video landing pages, and video email is required to maintain on company's server at all times and end user does not have the opportunity to host these products/services on his/her own server, however the end user does have the option to transfer his/her purchased Website on his/her server/host of his/her choice by paying for a server transfer buy-out fee on an as-quote basis. Company and all of its third-party suppliers expressly disclaim any responsibility for continued maintenance or repairs to websites that end user accepts delivery of and chooses to place on his/her own FTP or server/host, or his/her choice of third-party FTP or server/host. Any repairs, maintenance, or upgrades to websites performed by company will be billed at a rate quoted by company or the developer himself/herself directly to end user for all other incidents as requested by end user at which time company expressly releases all liabilities thereof.

Copyright and Licensing Agreement for Studio Set-Up Training - The end user will be required to sign the copyright and licensing agreement before entering the studio premises, and before any training materials are provided, and before company will film individual/client or his/her company representative, and end user will not receive a refund for payment made for the videography services, studio time, or studio set-up training if he/she does not agree to sign the copyright and licensing agreement. Studio Training and materials is proprietary and is not permitted for re-sale without exclusive permission by parent company - an unauthorized rebranding and re-sale of our training and/or materials will cause for immediate termination of such individual's membership.

General Rules and License of FTP and CMS Service(s) - Company offers FTP services at company's discretion that allows end user to upload data/content to share with company and/or to modify end user and end user's clients' products/services when applicable. End user may only upload and use data/content with the company's expressed written permission and instruction, in addition to the terms of this agreement. Company reserves the right, in its sole discretion, to decide whether data/content end user uploads is satisfactory for use with company products/services and to delete such data/content uploaded by end user for any reason without prior notification. Company also reserves the right to deny permission to use and/or demand the discontinuation of use of such data/content that is uploaded with or without express written permission of company, and reserves the right to discontinue the end user's use of products/services if end user refuses to remove and/or discontinue the use of such data/content that company denies permission to use, and for violating and breaching the terms of this agreement at any time without refund and notice.

Licensing of End User Data/Content - Company will retain ownership of the data/content provided to end user and end user has permission to upload to his/her own server even though end user pays for video production or web development of product/services, and end user hereby grants company and all third-parties of company a royalty-free, worldwide, transferable, nonexclusive right to use such data/content in all media existing now or created in the future used by company and all third-parties of company as company deems necessary.

End User’s Communication With Company - End user agrees that the company has no obligation to keep any communication end user discloses to company confidential, and by end user sharing such information he/she thereby gives company permission to use such information from said communication for the company's gain and subsequently end user will not bring a claim against company based on "moral rights" or the likes of originating from such communication.

Indemnification of Company and Limited Liability - To the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, shall company or any of its underlying including but not limited to the company, service providers, business partners, information providers, affiliates, third-parties, etc.(collectively known as "company and its associates") be liable to end user or any other person for any money damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, even if company and associates shall have been informed of the possibility of such damages, even for any claim by any other party. End user agrees to hold company and its associates harmless from and against all claims, law suits, damages, loss, cost or expense (including attorney fees and litigation related expenses) arising out of the product/services provided to end user and his/her customers, whether such claims are brought by end user, his/her customers, partners, associates, Resellers, etc. except if company breaches its obligation to provide such products/services. In the event that notwithstanding the foregoing, the company and associates are found liable to end user for damages from any cause whatsoever, and regardless of the form of the action (whether in contract, tort-including negligence, product liability or otherwise), the liability of the company and associates to end user will be limited to the amount he/she paid for the products/services he/she purchased only and not more than that amount. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to all end users. End user warrants an understanding, as required consideration, that the company disclaims all liability for the product/services or damages resulting from use or installation or reliance upon products/services for any reason. End user alone accepts full responsibility for allowing others to use these products/services. End user understands that company disclaims liability for any information contained in sales or promotional materials or the products/services itself that is unintentionally misleading or incorrect that might cause damage to end user. End user expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of these products/services or from subsequent contact with company or third-parties. End user expressly agrees that no matter what may happen because of his/her purchase of these products/services, or no matter what damage may be allegedly or actually caused by the use of these products/services, or no matter the harm or damage that may result directly or indirectly from the purchase of these products/services, for any reason whatsoever, that the absolute maximum extent of company's liability shall be an amount no greater than the purchase price of the products/services. End user agrees that the company's total liability, even for erroneous product content that causes damage to the end user, shall be limited to the purchase price paid for the products/services. End user agrees and understands that, company, specifically but not exclusively, disclaims liability for all damage to end user's person or business by using these products/services including but not limited to harm to end user's and end user's clients' computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Company disclaims liability for end user's interaction with other visitors or members of the website. End user understands that some states do not allow limitation of liability.

Indemnification of Company, Limited Liability and Disclaimer - End user warrants an understanding, as required consideration, that the company disclaims all liability for the product or damages resulting from use or installation or reliance upon products/services for any reason. End user alone accepts full responsibility for allowing others to use these products/services. End user understands that company disclaims liability for any information contained in sales or promotional materials or the products/services itself that is unintentionally misleading or incorrect that might cause damage to end user. End user expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of these products/services or from subsequent contact with company or third-parties. End user expressly agrees that no matter what may happen because of his/her purchase of these products/services, or no matter what damage may be allegedly or actually caused by the use of these products/services, or no matter the harm or damage that may result directly or indirectly from the purchase of these products/services, for any reason whatsoever, that the absolute maximum extent of company’s liability shall be an amount no greater than the purchase price of the products/services. End user agrees that the seller's total liability, even for erroneous product content that causes damage to the end user, shall be limited to the purchase price paid for the products/services. End user agrees and understands that, company, specifically but not exclusively, disclaims liability for all damage to end user’s person or business by using these products/services including but not limited to harm to end user’s and end user’s clients’ computer hardware or software from worms, viruses, or other defects in the product or computer codes that cause harm. Company disclaims liability for end user’s interaction with other visitors or members of the website. End user understands that some states do not allow limitation of liability.

Acknowledgement of End User Investigation of Reseller Program - End user agrees, as part of the consideration required to purchase these products/services to carefully review these products/services prior to making a purchase and before becoming a Reseller, Distributor, or Studio Distributor (collectively known as "affiliate"). End user agrees to accept all risks associated with the use of these products/services and business opportunity by means of the affiliate programs, including but not limited to, the use personally or for business, all taxes and regulations, and all legal compliance issues applicable to these products/services etc. End user warrants an understanding that the company disclaims all liability from harm of any kind or nature caused directly or indirectly from these products/services. End user acknowledges that he/she has conducted an independent investigation of the company and its products/services and recognizes that the business venture contemplated by this agreement involves business risks and that the success of the end user's business will be dependent upon the ability of the his/her as an independent business person, and that individual sales results and success in selling company's products/services vary. Company expressly disclaims the making of, and end user acknowledges that neither company nor anyone on behalf of the company has made any representations, inducements, promises or agreements, orally or otherwise, respecting the subject matter of this agreement, which is not embodied herein, as to potential volume, profits or success of the programs contemplated by this agreement or of the territory or location from which it shall be conducted. In all matters pertaining to the operations of the end user's business, end user is, and shall be an independent contractor, who will be 1099'd for his/her commissions made by sales that are processed through company's third-party billing company, who will have entire control and direction of his/her business operations, acting separate and apart from any business that may be operated or associated by the company and/or any third-parties of company, and subject only to the conditions and obligations established by this agreement. Neither end user nor any person performing any duties or engaged in any work on the end user's premises or behalf of the end user at the request of end user shall be deemed an employee or agent of the company. End user shall have no authority, express or implied, to act as an agent of company for any purpose. End user is, and shall remain, an independent contractor responsible for all obligations and liabilities of, and for all loss or damage to, the business he/she operates, including any personal property, equipment, fixtures or real property connected therewith and for all claims or demands based on damage or destruction of property or based on injury, illness or death of any person or persons, directly or indirectly, resulting from the operation of the end user's business. Furthermore, end user and company are not partners or in partnership, are not joint employers, and shall not be construed to be in association, or as joint tortfeasors under any circumstances. Nothing contained in this agreement shall be construed so as to limit or affect in any way, or entitle end user to share in, the profits, revenues, or income which company may earn or charge on sale to end user of products/services and end user expressly acknowledges that company may earn or receive such amounts without any obligation therefore to end user. End user will comply with all applicable laws, rules, regulations, and represent himself/herself and warrant to company that: there are no claims, demands in any form of litigation pending, or to the best of end user's knowledge, threatened with respect to any of end user's data/content; company will not be required to make any payments to third-parties in connection with its use of end user's data/content; end user data/content does not contain instructions, viruses, coding, programs, files, and/or technology, etc. that disrupts, causes injury and/or damage to, or is designed to cause injury, damage, and/or disruptions to the company and/or third-party hardware and/or software. End user understands all recurring hosting fees are processed by the company's third party billing company through company's chosen payment gateway and must be paid by using the method of payment company requests and shall be converted to US Dollars or British Pounds, whichever applicable, by company's chosen payment gateway. End user understands he/she is responsible for using his/her own methods of selling and marketing these services, that he/she is responsible for providing customer service/technical support to his/her customers and also responsible for billing his/her customers directly. End user understands if he/she is a Reseller that he/she will receive the use of company provided turn-key e-commerce website and providing that his/her monthly website hosting fees are current and not past due he/she will have the opportunity to make commissions and receive back office administration which will allow him/her to make changes to his/her company name, phone number, home page text, home page starting price, website color based on color choices provided or to a different color provided at an additional charge, access to change/modify his/her commission/mark-up amounts on single website spokespeople/web actor video wholesale costs which ultimately sets his/her retail pricing displayed on the website for public access, low wholesale costs for products/services including base level wholesale prices for additional products/services, and further understands he/she is responsible for doing his/her own marketing and sales and will have control over setting his/her prices based on the wholesale prices for products/services offered by the company and he/she is also responsible for providing customer service and technical support to his/her customers in addition to billing his/her customers directly. End user understands if he/she is a Distributor or Studio Distributor he/she understands he/she receives all of the same benefits as a Reseller in addition to having the ability to build his/her own network of Resellers which allows him/her to make commissions for doing so, that he/she must be the main point of contact for his/her customers and Resellers in his/her network and must provide customer service and technical support including providing quotes for quotable items with his/her commission/mark-up and bill his/her customers and Resellers directly when they need to make a product/service purchase from him/her, he/she understands if he/she no longer wants to be his/her Resellers' and/or customers' main point of contact and opts to allow his/her Resellers and customers to contact the company aka Master Distributor for quotes or to purchase product/services on his/her customers' behalf and Resellers' customers' behalf he/she as the Resellers' Distributor or Studio Distributor will forfeit the opportunity to make a commission/mark-up on those product/service sales and that he/she will only be eligible for making commissions on the one-time set-up fee and monthly website hosting fees for Resellers that remain in his/her network on a monthly basis using the company's chosen method of payment. End user fully understands all commissions that originate from payments collected by the Master Distributor on his/her behalf is subject to a processing fee before such commission is paid. End user must comply with Master Distributor's payment receiving preferences and must keep hosting payments current to keep his/her membership active. (Accounts 30-days or more past due are subject to membership termination - this includes Reseller/Distributor/Studio Distributor Monthly Hosting Fees, in addition to monthly hosting fees for client orders as well.

Disclaimers, Exclusions, Guarantees, and Warranties -Use of the products/services and any reliance by end user upon the products/services, including any action taken by end user because of such use or reliance, is at end user's sole risk. End user acknowledges that the overlay function of the web actor/website spokesperson video demo tool (aka URL grabber) may not work with sites that are entirely built in flash or with sites that have flash components built into the site, websites that are not w3c compliant, or that have security code built in them that prevents HTML grabbers to be used, or that the demo tool with work with all versions of the various internet browsers available. End user acknowledges that the FLV and SWF files for each web actor/website spokesperson video(s) or videos that the client or client's company representative is the website spokesperson and any other video product must be installed by his/her flash developer for the spokesperson video(s) and any other video product purchased to work properly on his/her Flash based/built site. End user acknowledges that the single-line of code that is provided for video installation on HTML built web-pages includes the use of company's java code and video player that must always reside on company's server, that the single-line of code is provided as a courtesy only for use on HTML web-pages and is not part of the video purchase, that the video can call either the company's server or the client's/end user's server, and that if end user or end user's customer's web page has code built in it to prevent other code calling from a remote server, or if end user/end user's web page is built in Flash, or if end user/end user's web-page is not w3c compliant, end user/end user's customer will not be able to use the company provided single-line of code for video installation, therefore he/she is responsible for installing/embedding the video file in his/her website using his/her own methods, player, code, SWF file, etc. and that there may be a charge associated to receive a copy of the FLV file or to have a custom SWF file created (i.e. if the end user is unable to use our single-line of code for any reason, he/she or his/her web developer is required to use his/her own methods/code/player/swf file, etc for installation). End user acknowledges, understands, and agrees that each actor has his/her own distinct delivery style that is displayed on his/her video demo, and that by paying for his/her purchase he/she agrees that he/she is happy with the delivery style of such actor chosen for the job and that all sales are final. End user acknowledges that hosting services apply to all products/services unless he/she has been given the opportunity to host the product/service on his/her own server by the company, that all prices are in US Dollars or British Pounds whichever applicable, that all wholesale prices for products/services and terms and conditions are subject to change without notice, and that all sales are final. End user acknowledges that he/she is not entitled to "grandfathered" pricing and will have to pay current prices including increased hosting fees, and company does not guarantee that the products/services will be uninterrupted or error free, nor does it make any warranty as to the results that may be obtained from its products/services. The products/services are provided "as is" and company disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. End user's sole and exclusive remedy for any failure or non-performance of the products/services shall be for company to use commercially reasonable efforts to adjust or repair the products/services only when company did not fulfill the end user's complete, specific, and explicit instructions, script, and order information regarding his/her purchase of products/services. Furthermore, it is the end user’s responsibility to review scripts, and other order detailed information prior to submitting such information to company for processing end user acknowledges company will follow end user provided order information to the best of its ability and that company is not responsible for errors made or confusion caused by end user’s submitted order information. It is the end user’s responsibility to including but not limited to review the script for typos and to provide specific information in regards to pronunciation of words that may not be commonly known, correct spelling and grammar, specific wardrobe requests, language he/she would like the script to be read using, motion (ex. walk-in out from screen left), special effects (ex. fade-in/out), video placement if applicable, etc. End user understands and acknowledges that video placement is not absolute using our single-line of code due to differences in screen resolution, monitor size, and whether the internet browser window is fully open or minimized, furthermore, end user understands he/she is responsible for making changes to setting Flash variables for his/her Flash portions on his/her website when installing/embedding the Flash website spokesperson video regardless if using our single-line of code or not, and functionality of video products are limited to end user's internet browser choice, operating system, computer speed/memory, and hosting/streaming of server the video product is being hosted on. If end user’s customer realizes he/she made a mistake in the script or order details prior to order completion, end user acknowledges there may be a charge applied for making such change to original order, furthermore there if end user’s customer would like company to re-do/re-process the order, whether it may be a website spokesperson video or other product/service, end user/end user’s customer is responsible for paying for the charges necessary to complete this request at charge and it is in the company’s sole discretion whether a discount for doing so may be applied. End user acknowledges that he/she understands that there are no refunds simply because the customer changes his/her mind or chooses that he/she does not like the final product. End user acknowledges that within 14-calendar days from the date of completion and delivery of the video product, the original edited and un-edited footage will be deleted from company's computer servers and computer hard drive if end user is not paying company for video hosting services, and replacement of the video product due to loss by end user will be considered as a new purchase which end user must pay full price to have replaced. Any discounts that are approved by company will be expressed as such by invoice in which end user's payment will serve as agreement to the discount offered and to the company's terms and conditions. As previously outlined all sales are final and videos will only be re-filmed at company's expense if the actor misreads the script as provided by the customer/end user, the wardrobe worn by the actor is not that which is listed on the order form, if video/audio quality does not meet the standard previously set as seen/heard in the actor's actual video demo, and end user will be charged for any videos re-filmed that do not meet these requirements, payment must be received and clear company's payment gateway and payment guarantee process prior to the re-film before the video is completed and delivered. Also, by purchasing products/services end user agrees to use company's flash player that may contain a viral link back to the company's website. End user has the option of having the flash player link removed or having one branded with a link to his/her website at an additional cost. End user acknowledges that his/her purchased data/content including but not limited to videos, images, files, etc.(collectively known as "purchased data/content") may not appear in mediums and/or promotional content related to adult entertainment, racism, terrorism, or violence, nor does the company have to provide video services for the promotion of adult entertainment, racism, terrorism, or violence regardless if end user provides his/her own talent for this purpose. End user acknowledges that company reserves the right, at its discretion, to not engage or work with companies and individuals that offer objectionable or offensive content which includes but is not limited to adult entertainment, racism, terrorism, or violence. End user acknowledges that if company finds that end user has violated this agreement by placing purchased data/content on mediums and/or promotional content related to adult entertainment, racism, terrorism, or violence that the End User's hosting services for all purchased data/content and reseller program and/or affiliate program if applicable will also be terminated without refund.

Payment and Refund Policy - Please contact us for details upon placing your order for acceptable payment methods. Once the product/service is delivered company provides end user a 24-hour (1-calendar day) evaluation period. During this evaluation period, the end user is encouraged to fully evaluate and ensure the delivered product is fully functional. During this evaluation period company will use commercially reasonable efforts to adjust or repair the products/services at no cost to end user only when the company did not fulfill the end user's complete, specific, and explicit instructions regarding his/her purchase of products/services when order was made and as documented by order info supplied by customer prior to order being invoiced - please visit the Disclaimers, Exclusions, Guarantees, and Warrantees section above. End user acknowledges that within 14-calendar days from the date of completion and delivery of the video product, the original edited and un-edited footage will be deleted from company's computer servers and computer hard drive if end user is not paying company for video hosting services, and replacement of the video product due to loss by end user will be considered as a new purchase which end user must pay full price to have replaced. End user acknowledges that he/she understands that there are no refunds simply because the customer changes his/her mind or chooses that he/she does not like the final product. End user understands the company's products/services are sold 'as is' without warranty or guarantee of any kind, and all sales are final. 

Universal Spam Policy - Spamming, or sending unsolicited email, using an email address, Domain/URL that is maintained on a server used by company or directing traffic to a web page or website that is hosted on company's server or that contains any reference to company is strictly prohibited. Company will be the sole arbiter as to what constitutes a violation of this provision. This action will result in an immediate termination of end user's account without prior notice whether it derives from a affiliate/reseller/distributor/studio distributor program, website, landing page, video landing page, video email, web actor/website spokespeople, web commercial, etc. purchases or any other purchase not listed specifically in these terms and conditions including the applicable hosting services, and end user will not be issued a refund and will not be issued any data from his/her terminated Account. Furthermore, anyone found violating the Universal Spam Policy and FTC and FCC CAN-SPAM Act will be fined and billed for service disruptions caused by such violator until the service is restored, and will also have his/her account and hosting services terminated without refund. End user understands and acknowledges that if he/she is found to be guilty of spamming his/her Account will be terminated without refund as stated above, and he/she will not only be in violation of the company's terms and conditions but he/she will also be in violation of the Federal Trade Commission and Federal Communications Commission CAN-SPAM Act and that he/she will be subject to legal action not only from the company but also from the FTC and FCC. The following are some examples of spamming that constitute a violation of the company's terms and conditions and the company's Universal Spam Policy: (1) trolling forums, (2) using the company's computer systems to facilitate the transmission of unsolicited or unauthorized material, including any promotional materials, domains/URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available, (3) using "robots" or otherwise harvesting other's email addresses from the company's site for purposes of sending unsolicited or unauthorized material, (4) uploading, posting, emailing, or transmitting the same message, domain/URL, or post multiple times, (5) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges. Violations of our terms and conditions or this Universal Spam Policy may result in legal action against you and the termination, without notice, of end user's account and/or anything associated with it, including, but not limited to, email accounts, posts and profiles, and viral links used by client videos and video players, etc. Nothing in this policy is intended to grant any right to transmit email or messages to or through the company's computer systems. The company does not waive any rights by the failure to enforce this policy in every instance in which it might apply. Any unauthorized use of the company's computer systems is a violation of the company's terms and conditions, Universal Spam Policy, and certain Federal and State laws in which such violations may subject the sender and his/her agents to civil and criminal penalties. Please report violations of this Universal Spam Policy to the company immediately. Company may update this Universal Spam Policy without notice. End user may address his/her questions or suggestions to the webmaster. End user is required to review the FTC Rules/FCC enforcement section listed on the Federal Communications Commissions' website regarding FCC Consumer Facts about CAN-SPAM by visiting the following website http://www.fcc.gov/cgb/consumerfacts/canspam.html, and the Federal Trade Commission's website http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.shtm, which outlines the CAN-SPAM Act requirements for commercial emails before sending out any form of communication to promote his/her business.

Arbitration Upon Material Breach and Remedies Cumulative - Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, administered by, and will be exclusively resolved under confidential binding arbitration held in the County of the State the company is located in, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying State law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement will be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a Federal or State Court located in the County in which the company is located in. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and State Courts. By entering into this agreement, end user hereby irrevocably waives any right he/she may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to, or connected with this agreement or end user's use of any part of the company's products/services must be asserted individually. This agreement execution takes effect upon company's acceptance of End User's purchase of products/services, and shall be interpreted, consulted and enforced under the laws of the State in which the company is located in, which laws shall prevail in the event of any conflict of law. The rights and remedies of the parties specifically provided for herein shall not be in substitution for, but shall be in addition to, any and all other rights and remedies to which they shall be respectively entitled at law or equity. If company institutes any action at law or in equity against end user to secure or protect company's rights under or to enforce the terms of this agreement, in addition to any judgment entered in its favor, company shall be entitled to recover such reasonable attorney's fees, witness fees, investigation fees, paralegal fees, and other fees, costs and expenses as may be allowed under the Rules of the American Arbitration Association or court of competent jurisdiction. It is mutually understood and agreed that all notices and communications shall be in writing and addressed and sent by registered or certified mail.

Final Acceptance - By taking the affirmative step of purchasing any of the company's products/services as outlined and defined in this agreement, the end user attests that he/she has fully read, understands, and accepts the terms of this agreement, and warrants the company that said affirmative submission acceptance via purchase of products/services shall be deemed to be the same as if he/she had affixed his/her signature to this agreement which constitutes a binding acceptance of this agreement by end user.