VIDEO TERMS & AGREEMENT
1. Welcome to the "Virtual Live Actors" website (the "Website"). The terms "we",
"us", "our", and "Virtual Live Actors" refers to
VSP Media, a
corporation organized under the laws of the State of Texas, and its
subsidiaries. The term "you" and "yourself" refers to the individual, and all
legal entities associated with the individual, who views this Website and/or
purchases the services and products offered by the Website. This Website, and
all services and products you may purchase from us are conditioned on your
acceptance of the terms and conditions set forth below, without modification
(the "Agreement"). By checking the box which appears at the end of these terms
and conditions, you will have created a contract which is legally binding and
enforceable between us and you in a court of law. Therefore, you should read
this Agreement carefully. By accessing the information included in this Website,
you agree you will use this Website in accordance with this Agreement. We retain
the right, at our sole discretion, to deny access to anyone to this website and
the services and products we offer, without reason, including, without
limitation, for violation of this Agreement.
If you do not agree with all of the provisions set forth in this Agreement, you
should not continue to view this Website, and you should not purchase any
service or product from this Website. We recommend that you return to this page
on a periodic basis to review the current version of this Agreement. We reserve
the right at any time, and without notice, to modify this Agreement, in which
case your continued access to this Website, your continued access to your back
office, or your continued sale of leads, will constitute acceptance of any
modified Agreement.
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2. The content and information on this Website, as well as the infrastructure
used to provide such content and information, is proprietary to us. You agree
not to modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, sell, or re-sell any
information, software, products, or services obtained from or through this
Website.
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3. You acknowledge and agree to the following:
i) that you are at least eighteen (18) years of age or older and are not under
any legal disability which prevent you from entering into a binding contact;
(ii) that all of the information you provide to us is true, accurate, current
and complete; (iii) that you will not violate the restrictions in any robot
exclusion headers on this Website or bypass or circumvent other measures
employed to prevent or limit access to this Website; (iv) that you will not
access, monitor or copy any content or information of this Website using any
robot, spider, scraper or other automated means or any manual process for any
purpose without our express written permission; (v) that you will not "frame",
"mirror" or otherwise incorporate any part of this Website into any other
website without our prior written consent; (vi) that you will not take any
action which could, in our sole opinion, impose an unreasonable load on our
infrastructure.
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4. You hereby acknowledge and agree that the products and services we provide to
you are for business purposes only and that, by their very nature, business
endeavors are subject to failure due to events and circumstances beyond our
control. Neither we, nor our shareholders, directors, officers, members,
principals, partners, agents or employees make any representation or promises
about the success that you will experience in connection with the services or
products that you purchase from us, nor the suitability of the information,
software, products and services contained or offered in this Website for any
particular purpose, and all such information, software, products and services
are offered without any warranties or promises whatsoever regarding future sales
or future benefits, financial or otherwise, to you or your business. All
products and services are provided to you "AS IS". We hereby disclaim all
express and implied warranties with regard to the information, software,
products and services contained in this Website, including warranties for
fitness for a particular purpose, merchantability, title, and non-infringement.
We further hereby disclaim all warranties or representations that this Website
is free from viruses or other harmful components. You hereby agree to defend,
indemnify, and hold us harmless from and against all claims, law suits, damages,
loss, cost or expense (including attorneys fees and litigation related expenses)
arising out of the products and services we provide to you, whether such claims
are brought by you, your customers, partners, associates, team participants, or
distributors, except if we breach our obligation to provide such services and
products. Time is of the essence for all matters set forth in this Agreement;
however, notwithstanding the foregoing, we are not liable for damages resulting
from delays in commencing or providing any website related services.
You agree that we shall not be liable to you, or your customers, partners,
associates, team participants, or distributors, or anyone with whom you may do
business, for punitive, incidental, special, or consequential damages arising
out of or in any way connected with this Website, or the products or services we
provide to you. In the event that we are found to have breached this Agreement,
you agree that our damages will not exceed the lesser of: i) $1,000.00, or ii)
the amount that you have paid us for services or products not received by you.
The limitations set forth in this paragraph constitute a condition precedent to
our entering into this Agreement with you and to the sale of services and
products to you.
You hereby acknowledge and agree that the video player contains the "Viral
Link". This "Viral Link" is the marketing vehicle for the Website and the
removal of this button is prohibited. Removal of this button may only be agreed
upon by us at the cost of projected lost revenue.
Purchase of the video allows you to place the video on the site that is stated
on the purchase form and is prohibited to be featured on any other site without
approval and written agreement by us. We also prohibit any and all videos to be
placed for viewing on any and all pornographic websites. Violation will result
in a non-refundable purchase and immediate removal of said video from the site
accompanied with a $2000.00 penalty assessed to you.
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5. From the date of purchase you will have 30 days for a complete refund of the
purchased product. Monies will be refunded to you by check and released on the
15th day of the month following the received cancellation notice. You may cancel
your contract with us only by sending a postage pre-paid letter to us by
certified U.S. mail, return receipt requested, at the following address: attn
Administrator 105 third st. , Mabank, Texas, 75156, or by sending an e-mail,
read receipt requested, to billing@virtualliveactors.com. Your cancellation will
be effective immediately upon the date (the "Cancellation Date") in which we
receive your properly transmitted cancellation. The video will remain our
property and all rights of use will only be accessible by us. Use or sale of the
video and/or technologies by you is breach of this contract and you will be held
liable according to this agreement.
In a period of 60 days from the date of purchase 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. Any discounts will be approved by us in a written agreement in which
you must sign; date, and fax back to us at 903-880-4417.
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6. A video will only be reshot at our expense if: i) the actor misreads the
script ii) attire worn by the actor is not that which is on the purchase form
iii) video quality does not meet the standard previously set. You will be
charged for any reshoots that do not meet these requirements and payment must be
placed prior to the reshoot or the video will not be delivered to you via email.
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7. This Agreement may not be modified except by us as provided in this
Agreement, or by a written document signed in wet ink by us and you. This
Agreement shall be binding on, and shall inure to the benefit of you and us, and
our successors, predecessors in interest, heirs and assigns. This Agreement is
fully integrated, contains the entire agreement between the parties, and fully
supersedes all oral or written agreements or statements regarding the subject
matter or this Agreement. You agree that Ohio law will apply to all disputes
arising in connection with this Agreement, this Website, and/or any product or
service we provide to you. You hereby consent to the exclusive jurisdiction of
the Court of Common Pleas of Kaufman County, Texas or the Municipal Court of
Mabank, Texas, as we may elect, for the adjudication of all disputes arising in
connection with this Agreement, this Website, and/or any product or service we
provide to you.
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8.Videos exceeding 1gigabyte of data transfer per day will be removed from our
server and you will have the option of placing the video on your own server or
you can purchase our hosting package for at a starting minimum rate of $1.75 per
gigabyte per day. An invoice will be submitted via email and/or United States
Postal Service upon the end of each billing cycle. Failure to pay within the
invoiced time will result in immediate removal of the video from our server and
forfeiture of any pre-paid monies.
