Videos 4 Businesses is owned and operated by Digi Osmosis Private Limited (“Digi Osmosis”, “us”, “our”, “we”). These Terms of Service apply to your access to and use of the website www.Videos4Businesses.com, its associated websites, applications, content and related services, (collectively the “Site”).
Your access or use of the Site means that you have read and understood and agree to be bound by these Terms of Service. If you access or use The Site on behalf of an entity, you represent that you have the authority to bind that entity, and these Terms of Service are the agreement of such entity. If you do not agree to these terms and conditions, then you have no right to access or use Videos4Businesses website and its content or services.
MODIFICATION OF THESE TERMS OF SERVICE
Digi Osmosis will have the right to modify and restate the Terms of Service, and such modification(s) will be effective immediately upon being posted on the Site. Digi Osmosis will make note of the date of the last update to the Terms of Service on the first page of this document. You are responsible for reviewing the Terms of Service regularly. Your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue the use of the Service.
Digi Osmosis, through the Site, offers content creation services to its clients (“Services”). You agree to engage Digi Osmosis to create content on your behalf (“Order”), and subject to payment of valid and lawful consideration, Digi Osmosis agrees to produce and deliver the content to you in the form and manner agreed between the parties (“Deliverables”). The content produced will be as per the directions of the client.
You must complete your Order by making a payment of the agreed amount through the website or through any other mode of payment communicated by Digi Osmosis. In addition, you can request a Custom Order which addresses your specific requirements and receive a Custom Offer through the Digi Osmosis sales team.
Once payment is confirmed, your Order will be created, and Digi Osmosis may contact you for further information. You can connect with Digi Osmosis through email or phone for discussing your requirements with the Digi Osmosis project manager or creative director. Digi Osmosis will provide you with a draft edit of the Deliverables for approval within the prescribed time limit.
CHANGES OR AMENDMENTS
You must notify Digi Osmosis in writing of all proposed changes within 1 day of receipt of the Deliverables. Digi Osmosis shall provide you with the revised Deliverables 2 days of receipt of the proposed changes. You will be incurred additional charges if you want changes in features approved at a particular stage of production.
Digi Osmosis shall hold and maintain in strict confidence all Confidential Information (defined below), shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under this Terms of Services except as may be required by a court or governmental authority.
“Confidential Information” means all confidential and proprietary information of a Party and information relating to the existence and terms of this Agreement or any other information which under the circumstances of its disclosure ought to be treated as confidential or is notified as being confidential by the Party disclosing such other information.
Any estimate of the date by which Digi Osmosis will complete any part of the Services is contingent upon you providing complete instructions to Digi Osmosis and fully cooperating with Digi Osmosis until Digi Osmosis has ceased providing Services to you. Digi Osmosis will not be liable for any delays which are beyond the scope of Digi Osmosis such as equipment failure or third-party delays or, any other reason which is not the direct fault of Digi Osmosis. If you fail to pay a milestone in the specified time period as mentioned in the video T&C, Digi Osmosis reserves the right to stop the production process without any obligations toward you.
You will receive the Deliverables in high-quality audio and video files in the agreed form, mode and medium after the completion of the production. Raw materials or source files will also be delivered to you unless mentioned otherwise in the Order. You will receive the all Deliverables without the watermarks upon payment of the full amount of orders or invoices.
Raw Footage, video files, audio files, and edited audio or video files will be retained for up to six (6) months only and will then be disposed of, deleted, or erased. If you fail to send a response for any queries or approvals within 5 working days, Digi Osmosis does not make a guarantee of retention of your raw footage, video files, audio files, edited video files, recorded materials, and finished works.
The Raw materials, video files, audio files, and edited video files remain the property of Digi Osmosis until full payment is made for the Services. Where Services remain unpaid or if final agreed payment is not made, Digi Osmosis reserves the right to withhold all Deliverables including recordings and finished works and use all or portions of the recordings and finished works.
You can choose different packages on the Digi Osmosis website and opt for different services available as per the packages. You will be charged an additional cost (pro-rata per-second basis or pro-rata 15-second basis) depending upon the package selected if the video duration exceeds as mentioned in the order. You must pay additional charges if you request services other than standard options. You will be charged an additional cost (25% of order value) if the number of revisions exceeds the revisions mentioned in the packages.
You will be issued an invoice by Digi Osmosis in respect of Services supplied, or to be supplied, the payment terms for which will be stipulated in the Order as a well invoice for the Order.
Digi Osmosis will terminate the Services to the client if you have failed to perform the obligations under the Terms of Service. If you fail to send a response for any queries or feedback within 5 to 7 working days, Digi Osmosis will automatically consider the project as complete and you will be liable to pay the remaining amount of your order or invoices.
INTELLECTUAL PROPERTY RIGHTS
When the Services are delivered by Digi Osmosis, and subject to payment, you are granted all intellectual property rights, including but not limited to, copyright in the work delivered by Digi Osmosis, and Digi Osmosis waives any and all moral rights therein. Accordingly, Digi Osmosis expressly assigns you the copyright in the delivered work. All transfer and assignment of intellectual property to you shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
Further, you agree to grant certain rights to Digi Osmosis. By availing the Services, you grant to Digi Osmosis a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use the Deliverables and underlying content therein (including to reproduce, distribute, prepare derivative works, display and perform it). Digi Osmosis may only use the Deliverables in connection with the Services or for the purpose of promoting and redistributing part or all of the Services.
All intellectual property rights over the materials provided by you to Digi Osmosis for the purpose of provision of the Services and creation of Deliverables shall belong to you “Client’s Materials”). You will be solely responsible to establish clear and unencumbered rights and/or title over the Client’s Materials including materials which are subject matters of trademark, copyright, patents, designs, trade secrets, confidentiality, and personality and publicity rights, etc. and shall indemnify Digi Osmosis from third-party claims, if any, arising therefrom.
You acknowledge and agree that the materials on the Site, other than the user’s Content that you licensed under Copyright section of the Terms of Service, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to Digi Osmosis, and are subject to copyright and other intellectual property rights under Indian laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Site may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to Digi Osmosis. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Site are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Digi Osmosis reserves all rights not expressly granted herein to the Site and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Site for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Site, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy content or Materials from the Site, and agree to abide by any and all copyright notices and other notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.
LIABILITY AND WARRANTIES
In no event will Digi Osmosis, its affiliates or their licensors, service providers, employees, agents, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the site or such other websites or any services or items obtained through the site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Digi Osmosis will use all due care and diligence in providing the Service to you. Digi Osmosis shall provide original content to you and must not infringe any copyrights of concerned persons. Digi Osmosis shall not deliver materials that are defamatory to you.
PERMISSIONS AND RESTRICTIONS
You may use the Services as made available to you for your personal and non-commercial use, as long as you comply with the Terms of Service and applicable law. However, using the Services does not give you ownership of or rights to any aspect of the Services, including user names or any other content available on the Site.
The following restrictions apply to your use of the Services. You are not allowed to:
RULES AND CONDUCT
As a condition of use of the Site and Services, you promise not to use the Site for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service.
Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that:
Digi Osmosis reserves the right to assign or subcontract any or all of the rights and obligations under these terms and conditions without your further consent to such assignment or subcontract for the performance of services selected under the package provided on the Site.
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed under the laws of India.
Digi Osmosis shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Digi Osmosis’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Digi Osmosis’s prior written consent. Digi Osmosis may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
You may contact us at the following address:
Digiosmosis Private Limited
501, Makhija Royale, Swami Vivekanand Rd, Khar West,
Email us at: [email protected]