1. Welcome to the “VideoTelepathy” website (the “Website”). The terms “we”, “us”, “our”, and “VideoTelepathy” a corporation organized under the laws of the State of California, and its subsidiaries. The term “you”, “yourself”, and “Purchaser” 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 making payment you accept 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 terms and conditions will keep you up to date with the latest version and constitute acceptance of any modified Agreement.
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.
3. You acknowledge and agree to the following:
(i) that all of the information you provide to us is true, accurate, current and complete; (ii) 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; (iii) that you will not incorporate any part of this Website into any other website without our prior written consent; (iv) that you will not take any action which could, in our sole opinion, impose an unreasonable load on our bandwidth; (v) 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.
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. 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.
5. 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 upon purchase that you will receive the .mov format, and/or other agreed upon format(s) that you may request, to be placed upon your server or delivered to you electronically. We also offer free hosting for your video, but reserve the right to use our custom player which has a small branded logo next to the control functions. An example of this can be seen by viewing the homepage video player.
You may supply us with specific wardrobe and prop selections for your video production. We do charge you, the client, for any wardrobe or prop purchases for your video production that we don’t have in-stock. Please call ahead of time to get an idea of what we have in our wardrobe. Providing a picture of what you would like the actor to wear is helpful and can direct our actor to choosing something very similar as to what you have in mind. The cost of purchasing extra wardrobe items will be based upon the actual cost of the item and our time and effort to acquire the each item. If you supply wardrobe and/or prop(s) to us and request to have the wardrobe and/or prop(s) returned, you must supply paid return postage.
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 $1000.00 liquidated damages fee assessed to you.
Technical support is offered through the www.VideoTelepathy support page Technical support hours are from 9:00am to 6:00pm Pacific Standard Time, Monday thru Friday, excluding United States of America observed holidays.
6. REFUND POLICY & SATISFACTION GUARANTEE: If the script that you gave us or that we designed for you with your approval was misread and proper pronunciation instructions were given or the attire worn by the actor was inaccurate from what you requested, you will be eligible for a re-shoot of the video. Refunds will be issued at a 100% payback of the original purchase price within 7 days after the refund has been approved.
In a period of 14 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.
7. A video will only be reshot at our expense if: i) the actor misreads the script and proper pronunciation instructions were given by client ii) attire worn by the actor is not that which was supplied by the client iii) The shot type is inaccurate as to what what specified on the purchase form.
It is the responsibility of the Purchaser to have all content of scripts, images, and video to be used in the constructed video and/or website to be approved prior to completion. VideoTelepathy is not responsible for any copy right issues that may result.
VideoTelepathy reserves the right to refuse any content deemed inappropriate or unacceptable.
10. This Agreement may not be modified except by us as provided in this Agreement. This Agreement shall be binding on, and shall inure to the benefit of you and us. You agree that California 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 San Diego County, California or the Municipal Court of, San Diego, 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.