Contents

Terms of Services.
Communication.
Purchases.
Availability, Errors, and Inaccuracies.
Content.
Rights to Included Material.
Data Protection.
Confidentiality.
Responsibility for Client-Furnished Materials.
Copyright Policy.
DMCA Notice and Procedure for Copyright Infringement Claims.
Editing.
Important.
Indemnification.
Limitation Of Liability.

Terms of Services

The purpose of the information outlined in this “Terms of Services” page is to clearly outline how we operate as a small video production agency and what you can expect when hiring us for our services.

Communication

Due to the nature of our business, communication is critical. To provide the best services, we need to communicate with you using a variety of technology and methods.

When you fill out and submit an inquiry form, we will usually respond within 24 hours to arrange a Strategy Meeting to take place via Microsoft Teams Video Call, or if you prefer, to communicate via email. You can select your preferred method of communication in the inquiry form.

For Microsoft Teams video communication, the first 30-minutes of your consultation is completely free. We will learn as much as we can about your goals, what you would like to do, and your timeline.

If we go over the 30-minutes allowance, our time is chargeable at our regular consultation rate ($125 per hour). We recommend preparing your questions and discussion points in advance before our call takes place.

We work with clients from all over the world, and sometimes the different time zones can cause a few issues with call scheduling. We, as a business, are based in the U.S. (ET). We will try our best to book a call that is at a convenient time for you.

Purchases

If you wish to purchase any product or service made available through MememtoMedia (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

MememtoMedia may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the MememtoMedia.com website. We may experience delays in updating information on the MememtoMedia.com website and in our advertising on other web sites. The information found on the MememtoMedia.com website may contain errors or inaccuracies and may not be complete or current. Products or services may be miss-priced, described inaccurately, or unavailable on the MememtoMedia.com website and we cannot guarantee the accuracy or completeness of any information found on the MememtoMedia.com website.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through our service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the MememtoMedia.com website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

Rights to Included Material

Client warrants that he or she has the legal rights to all materials such as videotape including live action, voices, photographs, audiotapes, CDs, videotapes, or any other elements delivered to Producer for inclusion in the production. Client warrants and agrees to provide the Provider all music to be included in the video production, with the understanding that the Client may use the production for marketing. Client shall indemnify and hold Provider harmless for any loss, damage, or liability for any infringement of any rights arising from the use or sale of tapes that Client hires Provider to produce, edit, or duplicate.

Data Protection

The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the MememtoMedia.com website supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.

Confidentiality

Unless otherwise agreed the Company will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by the MememtoMedia.com website to supply of the product(s) or service(s).

Responsibility for Client-Furnished Materials

Although Provider takes utmost care with client-furnished video files, photographs, videotapes, artwork, and other materials for inclusion in the video, producer responsibility for lost or damaged materials extends only to the cost of raw stock and processing. Provider shall not be liable for losses due to causes beyond Producer’s control.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the MememtoMedia.com website infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@mememtomedia.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims.”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad faith claims on the infringement of any Content found on and/or through the MememtoMedia.com website on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
• a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located.
• your address, telephone number, and email address.
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at support@mememtomedia.com

Editing

Original material will be edited at Provider’s discretion. Certain Photos and printed Material may be cropped in order to fit a normal TV screen. All Edited Master File(s), Video(s) of Clients production are stored at the Producers Studio for 1 month for the purpose of making additional copies or edits. For a fee Client may purchase our master copy of their production.

After client has viewed or listened to the completed videos and accepts deliverables based on conformance to this contract. Any requested stylistic changes, video or music editing changes insertions, or deletions, shall be considered “Additional Editing.” and currently editing costs are $125 per hour.

Important

Please remember we need all material at our studio 1 to 2 weeks prior to your event, and to have all your video files, photos, slides, film and video in the proper order. Also, remember to make sure you have included all material you wish to appear in your Video Project, and that all titles we use are readable. As soon as we receive your material, we begin the production. Any insertions, deletions, corrections or additions after the project is completed will result in additional editing time.

Indemnification

You agree to defend, indemnify and hold harmless mememtomedia.com and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the MememtoMedia.com website, by you or any person using your account and password; b) a breach of these Terms or c) Content posted on the Service.

Limitation Of Liability

In no event shall, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the MememtoMedia.com website; (ii) any conduct or content of any third party on the MememtoMedia.com website; (iii) any content obtained from the MememtoMedia.com website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.