Terms of Service
LAST UPDATED: March 3, 2020
These Terms of Service (“Terms,” or the “Agreement”) is a legal Agreement, please read it carefully. By using our Service, using Content produced by our Service, or by delivering Merchandise to us, you are agreeing to these terms.
AzonVidzMedia.com is a Service (the “Service”), which primarily produces product video and photography, and related Content which may include photographs, graphics, video, audio recordings, script writing and artwork (collectively referred to as “Content”). Any products or other items that you send us, whether it’s the primary subject, supporting prop, or anything else, we refer to as “Merchandise” in these Terms. Our Website, which can be accessed at www.azonvidzmedia.com is referred to as the “Website.”
AzonVidzMedia.com is owned and operated by Saving is Gaining, LLC, a Texas Limited Liability Corporation (“AzonVidzMedia.com,” “we,” or “us”). By using our Service, whether as an individual or as a representative of an entity that is using our Service, you’re a “Client” (or “you”) according to these Terms.
In order to use our Service, you must:
- Be at least 18 years of age and be able to enter into legal contracts;
- Submit a completed “Order Form” form;
- Agree to these Terms Of Service, and;
- Provide complete, true, and current, contact information.
We may update or make changes to these Terms by posting the revised Terms of Service on our Website. The revised Terms shall take effect and remain in full force immediately upon publication.
Saving is Gaining, LLC is not responsible for any copyright issues that may result. We reserve the right to refuse any content deemed inappropriate or unacceptable.
We cannot predict or guarantee the approval of any Content on Amazon, Facebook, or any other marketing or social media platform. We can only suggest and make revisions according to Facebook and Amazon’s ever-changing compliance policies. If Client’s video does not get approved, we will make the necessary revisions via editing to get it approved.
Saving is Gaining, LLC is not a performance marketing agency. Saving is Gaining, LLC is not responsible for the performance of any Content once produced.
Pets and baby models may be unpredictable and cooperation is not guaranteed. If a pet or a baby model is uncooperative and additional production time is expended, the Client may be subject to additional fees and/or video and photo delivery will be delayed.
Saving is Gaining, LLC is not liable for loss or any consequence of loss of products or information during shipment.
If we need to send you information about your account, your order, billing, your Merchandise, legal notices, or anything else related to the Service we provide, we will send it to the email address you provided when starting your order. We may also contact you via telephone and postal mail, but are not required to do so. You should ensure any email coming from the domain “AzonVidzMedia.com” is added to a “whitelist” to help ensure delivery and that it is not rejected or deleted as junk or spam.
You are responsible for the costs of shipping your Merchandise to and from our studio, plus any necessary insurance. Choose a shipping provider with reliable tracking information and signature confirmation. If a shipment is lost, delayed, or damaged, while in transit to our studio, we are not responsible for such loss, damage or delays.
- Prohibited items. Do not deliver to us any Merchandise that contains, any narcotic, illegal drug, or controlled substance, or any dangerous weapon, firearm, explosive, dangerous chemical, obscene or pornographic materials or any merchandise that is unlawful to possess in the State of Texas or the United States.
- Shipping of Merchandise to us. When shipping Merchandise to our studio, please follow these guidelines:
- Packages should be carefully packed to ensure protection of the Merchandise during transit.
- All packages should include your name, company name, address, email address, and phone number.
- Return shipping. If you specify return shipping when placing your order, we will return your Merchandise to you after completion of the project. You must provide a physical address (sorry, no PO boxes) for return. Due to import/export regulations, all return shipments must be to an address within the USA. Client will be responsible for postage fees in addition to the $25 service fee. All return shipments are subject to our Limitation of Liability in section 5 (4) below.
- Limitation of liability for damage or loss of Merchandise. If your Merchandise becomes damaged or lost while in our possession, or during return shipment, we will, at our option, replace, repair, or reimburse you for the value of the Merchandise up to a maximum of $50 USD total lifetime aggregate. For Merchandise valued greater than $50 USD you should purchase your own insurance covering loss or damage to the Merchandise while in our possession and during transit to and from our studio. We are not liable for loss or damage to Merchandise exceeding a total value of $50 USD, regardless of quantity.
- Storage. Upon request, we will store your Merchandise in our facility free of charge for up to 30 days after completion of your project. After 30 days, you must arrange with us for Merchandise to be returned, picked up, donated, or discarded. If we are unable to obtain your preference, Merchandise will be subject to our Abandonment policy in section 5 (7) below.
- Donating or discarding. Occasionally, the value of some Merchandise may be less than the cost of return shipping. If you do not want the Merchandise returned to you at the completion of your project please let us know and we will donate or discard the Merchandise. We are not able to offer compensation or credit for donated or discarded Merchandise. If you choose to have your Merchandise donated or discarded, we will decide which persons or organizations receive the Merchandise or whether it is discarded instead of donated.
- Abandonment. If your Merchandise is in our possession and we aren’t able to reach you regarding its return, it will be considered abandoned after the time periods detailed below have expired. If we try to reach you to obtain return shipping information, or payment for return shipping, and 30 days pass without us receiving the necessary information or payment, we will then take an action to get this merchandise donated, discarded, or sold, and you agree that all title, interest, and ownership of the Merchandise shall be transferred to us and the Merchandise will be donated, discarded, or sold, at our option, and you will not receive any compensation for the merchandise or proceeds from any sale.
6. Invoicing and payment
- Payment terms. Saving is Gaining, LLC operates as a business and we expect Clients to understand and respect our policies. Our goal as a video and photo production company is to bring the highest value per dollar spent by our Clients, and in order to help us in that pursuit, we need to cover expenses and fuel our operations. Therefore, we require payments to be made upfront and on time in respect to the services offered to Client. Video production, photography, graphic design and editing require extensive resources, consumes our 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 monies paid will be retained by Saving is Gaining, LLC and if applicable, an additional cost will be charged to the Client for all work completed beyond what was already paid for. No exceptions.
- Non-payment. If payment for our services is not rendered, we may take legal action to collect payments due. We may also exercise our rights under the Digital Millennium Copyright Act to issue takedown notices requesting the removal from website(s), any Content we’ve delivered to you which has gone unpaid. We may also seek injunctive relief to prevent unpaid Content from being published, reproduced, or displayed. Additionally, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement if you publish or use our Content without remitting payment.
7. Refund policy
By hiring Saving is Gaining, LLC for services you are bound by this agreement and you agree to abide by our policies, including this refund and cancellation policy.
Client has up to 90 days to fulfill their order by sending their product to Saving is Gaining, LLC. 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.
Payment profile info is stored within our payment processing system so that we can charge the Client payment system 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 payment information or that you are not aware of such charges is illegal and fraudulent. If any chargeback or payment dispute is caused by Client to a bank, credit card company, or other financial institution, 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 Client (to recover any fees passed on to us by that financial institution). In Addition, 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.
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 legal team 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 Saving is Gaining, LLC 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 the creative team is not liable.
Payments made to us are refundable under certain circumstances as outlined below. No other refunds, returns, exchanges, or changes may be made except for the following:
- Rush projects not completed by the deadline. In the event a rush order is not completed on time, we will refund the rush fee portion of the project. No other refunds will be made for rush orders delivered after the deadline indicated on the invoice.
- You cancel your order within the specified time. If you have already submitted payment, you may cancel your order by sending an email to email@example.com requesting cancellation. Cancellation requests must be made within 24 hours of payment. Refunds are not possible for projects cancelled more than 24 hours after payment. Due to tight time constraints, rush orders may not be cancelled.
Refunds will be processed via the same method as the payment was made. Payments by check will be refunded by company check.
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.
RAW footage and images purchased are non-refundable and non-returnable.
Please contact us to address any billing issues and we will gladly help you.
Our current pricing is published on the pricing page of our Website. We may make changes to the prices we charge for our services at any time by publishing the new rates to our Website. We may offer other services that aren’t listed on our pricing page and, if applicable, those rates will be disclosed prior to work being performed.
You agree to be responsible for and pay any and all applicable sales, use, or value added taxes, or duties imposed by any jurisdiction as a result of the work performed for you by us or in connection with any license we grant to you.
10. Production and creative process
- Alterations and accuracy. As part of our creative process, you agree we may make any alterations to the Content that we feel are appropriate. This includes, but is not limited to: color adjustments, brightness adjustments, dust removal, scratch removal, distortion removal, correction of defects, correction of manufacturing inconsistencies or errors, compositing of multiple images, adding graphics, and other alterations as necessary. The Content is our artistic interpretation of the Merchandise we film or photograph for you. We do not guarantee that the Content will be a flawless or perfectly accurate representation of your Merchandise. It’s your responsibility to ensure the Content is appropriate for the final intended use and that it doesn’t misrepresent the Merchandise. We will not be responsible for any claims by you or any third party that the Content is an inaccurate representation of the Merchandise.
- Creative direction. As our client, you may elect to provide creative direction over any aspect of the project, such as lighting, arrangement, camera angle, and editing. If you choose to exercise this creative direction, you must provide such direction in advance so it can be properly recorded on the invoice, shot list, and/or any attachments. You must ensure this creative direction has been correctly recorded to the invoice and any attachments prior to payment. You are not required to provide direction on creative aspects of your project. Any aspects of the project for which you have not provided specific creative direction will be left up to the judgment of our production team. Our creative team will work with the Client to get feedback and input, but we retain creative control over the final Content produced.
- Force Majeure. Our team will perform their tasks to the best of their ability, but we accept no responsibility for force majeure, act of God or other unforeseen circumstances, including, but not limited to equipment failure, power outages, inability to attend and perform services due to illness, and/or any other situation beyond our control. In the event that unforeseen circumstances occur, our team will use best efforts to provide similar services.
- Invoice and any attachments detail all directions. We will complete your order as it is described on the invoice and any attached documents. Our best understanding of any direction, instructions, or ideas you send to us, or we discuss with you, will be described on the invoice and any attachments. It is very important that you carefully read the invoice and any attachments to ensure they accurately describe the work you’d like us to perform for you. If the invoice is not accurate, do not submit payment. Instead, contact your project manager and they will make the necessary changes. By submitting payment for an invoice, you agree the invoice correctly describes the work you would like us to perform. In the case where any written or verbal communication is inconsistent with the order as written on the invoice, the invoice and any attachments shall govern.
- Review period. Immediately after the project is complete you will receive an email containing a link to view and download the Content. We allow up to 10 days for you to provide us with feedback regarding the delivered Content. After 10 days, if we have not heard from you, your order will be closed and your Merchandise will be shipped back, donated, or discarded, as you have requested and as indicated on the invoice.
- Reshoots and edits. During the review period you may contact us to request changes to the Content such as reshoots, edits, or additional photos. Upon request, we will reshoot or edit photos free of charge under the following circumstances:
- Work not completed as specified on the invoice and accompanying shot list. If we make an error and deliver work that is not correct as specified on the invoice and its accompanying shot list, we will reshoot or edit the work, as needed, to correct the error.
- Revisions. In order to maintain and preserve the quality of our service, we offer 3 minor revisions to your Content – 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.
- Some change requests made during the review period may require an additional charge. Examples include:
- Additional Content. If you request additional Content that was not previously included on the invoice, we will inform you of the cost and request payment prior to completion of the work.
- Reshoots. If we’ve filmed/photographed the Content as they are described on the invoice but you’d like to see them changed, such as different lighting, camera angle, arrangement, or anything else that requires them to be re-shot, then we will quote an additional charge to cover the cost of reshooting them.
After production is complete, the Content will be delivered through our hosting service. We will email you a link so you can view and download all work that we’ve completed for you. We contract with a third party vendor who manages the website and software that runs our hosting service. While we make every effort to ensure availability, stability and security of this service, we cannot guarantee 100% uptime or that it will be secure against all attacks. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through our hosting service. We recommend that you make backup copies of all Content for your records in the event of data loss. We are not obligated to store or archive the Content for you and if we do this as part of our hosting service, such storage should be considered as a convenience only.
A review copy of the Video and/or Images will be ready within 15 business days (minimum) from the shoot date, provided the Client has supplied us with all necessary materials within a reasonable amount of time from our request. These include, but are not limited to brand logos, photos, visual assets, etc. Client understands that any delay on Client’s part to deliver needed materials for the Content production, or to schedule time to record interview sessions, may affect the final delivery date.
After purchase, the Client has 30 days to ship us the product and fill out the online form for the project. It is not our responsibility to remind the Client to complete the project form or ship the product. The project form must be fully filled out, so that our creative team will have a complete understanding of your project. It is the Client’s responsibility to email to: firstname.lastname@example.org to inquire about project details when the project form is completed and the product is shipped.
Any specific Client requests may delay delivery of the Content. These include, but are not limited to specific actor demographics, specific actor requests, script approval before production, specific scene requests, locations, etc.
12. License and permitted use of Content
You may use Content we deliver to you in connection with your order, only after full payment has been submitted, for any permitted use that does not violate this agreement. The rights granted herein are subject to the prohibited uses in Section 12. We hereby grant to you the following rights:
a. Perpetual use. There is no expiration date on your rights to use the Content, meaning you can use the Content forever with no end date.
b. Exclusive use. You have the exclusive right to use the Content. This means we will not license the Content to other parties. However, we retain the right to use the Content for our own promotional publication and internal use.
c. Worldwide use. There are no geographical restrictions on your use of the Content. You may use the Content worldwide.
d. Unlimited use. Except as provided in section 14(b) below, you may use and display the Content an unlimited number of times.
e. Derivative works. You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content contained within derivative works you create remain our copyrighted material and the terms and restrictions within this license also applies to those derivative works.
f. Permitted uses include but are not limited to: websites, online stores, online advertisements, email newsletters, video, film, television, printed advertisements, printed catalogues, product packaging, billboards, computer software, and mobile applications.
13. Prohibited uses
a. Unlawful use. You may not use the Content in any illegal manner. You may not use the Content in any defamatory manner or use the Content to harass any person. Content may not be used for pornographic purposes. You may not use the Content in any way that violates the trademark, copyright, or other intellectual property of any other party.
b. May not be used in a logo or trademark. Content may not be used as a part of, or incorporated into, any logo or trademark.
14. Copyright ownership & transfer
a. Copyright ownership. All Content remains the copyrighted intellectual property of Saving is Gaining, LLC. No transfer of copyright or ownership in any of the Content is granted unless explicitly agreed to in writing by us. Saving is Gaining, LLC 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 Saving is Gaining, LLC. Saving is Gaining, LLC 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 Saving is Gaining, LLC and the Client.
b. Transfer, and sub-licensing. You may not transfer or sub-license the Content to any other party, with the following exceptions:
Subcontractors. Your subcontractors may use the Content for the purpose of achieving your final intended use. Examples include but are not limited to: Your website designer using the Content to publish to your website. Your printing company using the Content to print a catalog. Your marketing company to create and broadcast an advertisement. Your subcontractors may not use the Content for any purpose other than facilitating your intended end-use.
Your employer or client. If you are ordering our services on behalf of your employer or your client then you may permit that entity to use the Content. If you permit your employer or client to use the Content, you certify that you have received authorization that they be bound to this entire Agreement. If such authorization has not been granted to you then they may not use the Content.
c. No claim of authorship. You may not claim you are the author of the Content. In any case where the author of the Content is specified it must be attributed as “Copyright Saving is Gaining, LLC.”
15. Intellectual property of third parties
a. Intellectual property visible on Merchandise. In some cases, Merchandise you direct us to photograph, or props used in conjunction with that Merchandise, may contain trademarks, logos, artwork, or copyrighted designs that become visible in the finished Content we produce for you at your direction. By directing us to photograph Merchandise containing visible intellectual property, you certify that you either own, or have received explicit permission from the owner, to use any and all trademarks, logos, artwork, or copyrighted designs, visible on all of the Merchandise you have directed us to photograph. By using the Content, you certify that the Content and your use of the Content, does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content.
b. Stock photography and artwork. If stock photography or other artworks owned by third parties are incorporated into the Content we produce for you, we certify that this content has been paid for and/or licensed by us for use in the Content in accordance with the terms of service of the respective supplier. When printing Content containing aforementioned stock photography and artwork, the maximum number of printed copies that may be produced shall not exceed 500,000 print copies. This restriction does not apply to electronic display, such as on a website.
We certify that we have obtained appropriate releases from any models depicted in the Content and the Content will not infringe on any moral right, privacy right, or right of publicity of any model depicted within the Content so long as the Content is used in accordance with sections 11 and 12 of this Agreement.
17. No warranties
The Content is provided, to the maximum extent permissible by law, “as-is” with no warranties of any kind, either express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant or represent that the Content will meet your requirements or that the Content will be free of errors.
- Access and use of content. Unless noted otherwise, all materials on the Website including text, images, logos, icons, photographs, and any other materials written or otherwise that are part of the Website (collectively, the “Contents”) are copyrighted property owned by AzonVidzMedia.com, one of its affiliates, or by third parties who have authorized their materials for use on our Website and are protected by U.S. and international copyright laws. U.S. and international copyright laws also protect the arrangement of the Contents of this Website and the method of presentation of these materials. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way, in whole or part, any of the Contents, the Website, or any related materials, except that we grant you non-transferrable, non-exclusive, limited permission to access Content and display this Website on your computer or device. This permission is on the condition that you do not modify the Content on this Website, that you keep intact any copyright or trademark notices, and that you accept the terms, conditions and licenses accompanying any Content contained within this Website.
- Website security Users are strictly prohibited from violating or attempting to violate the security of this Website, including but not limited to:
- Unauthorized access. Accessing data not intended for a user or logging into any server or account that the user is not authorized to access.
- Vulnerability scanning. Attempting to scan or test the vulnerability of the Website or any system or network associated with the operation of AzonVidzMedia.com.
- Interference. Attempting to interfere, without limitation, with service between the Website and any user, with the secure operation of the Website, or with the stability of the Website via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Website.
- Spamming. Sending unsolicited email, including promotions and/or other advertising of products or services.
- Accuracy. We make every effort to ensure the accuracy of the information contained on this Website. However, we are not liable for typographic errors, pricing errors, omissions, or mistakes that may be present in the content of the Website. If you find an error on our website please contact us so we can fix it.
- Linked Websites. This Website contains links to third party websites. We do not accept responsibility for any such links and do not endorse or monitor them for content. We shall not be responsible for any damage or loss sustained through the use of these linked websites or their services.
- Internet transmission problems and viruses. Due to transmission problems or technical difficulties with the Internet or this Website, it is possible for you to receive inaccurate incomplete, or outdated copies of information from this Website. It is also possible for computer viruses or malicious software to affect this Website or be inadvertently downloaded from this Website. We shall not be responsible for any inaccurate or incomplete information delivered to you as a result of a technical or transmission problem. We are also not responsible for any damage caused by malicious software or viruses downloaded in connection with the use of this Website. We recommend you use appropriate commercially available antivirus software to help protect yourself from this type of attack.
19. Refusal of service
If we feel your project is not a good fit, we reserve the right to refuse service and decline the project.
You agree to indemnify and hold us and our employees, officers, and owners, harmless from any losses, including all attorney fees that may result from any claims you make that are prohibited under these Terms due to any Limitation of Liability or other provision. You agree to indemnify, defend, and hold us harmless against any losses, including attorney fees, which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms.
21. Limitation of liability
You assume full responsibility for any loss that results from your use of our Service or Content to the maximum extent permitted by law. We and our employees, officers, and owners, are not liable for any indirect, special, punitive, or consequential damages under any circumstances, including delays, even if it’s based on negligence or if we’ve been advised of the possibility of such damages.
If any of these Terms are found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other Terms shall remain in full force and effect. If we choose not to act on a breach of these Terms for whatever reason, it does not constitute a waiver of our rights with respect to such a breach or any subsequent breaches of these Terms.
23. Attorney fees
In the event of litigation, the prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing this Agreement.
24. Equitable relief
If you violate these Terms we may seek injunctive relief from the courts or other equitable relief.
You may not assign your rights under these Terms to any other party. However, we may assign our rights to any other entity or individual at our discretion.
26. Governing law
These Terms shall be governed and construed under Texas law as such law applies to agreements between Texas residents entered into and to be performed within Texas and without effect to any Texas laws regarding conflicts of law. Any action or proceeding arising from these Terms or your use of our Service or Content must be held in the State and Federal courts in Williamson County, Texas.
27. Entire Agreement
These Terms of Service make up the entire Agreement and supersede all prior agreements, understandings, and representations.
If you have any questions about this Agreement, our Website, or any of our services please direct these inquiries to:
Saving is Gaining, LLC