Terms of Service

Last Updated: November 30, 2022
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Welcome to VideoHouse (“we,” “our,” or “us”). We provide the online content creation service, including but not limited to videos and photography via our portal, located at videohouse.io, including all of its webpages and subpages (collectively, the “Site”). The Site and the videoshoot and content creation services that we provide to you in connection with the Site, are referred to as the “Services”.
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These Terms of Service (these “Terms”) are a legal agreement between VideoHouse and you, or, if you represent an entity or other organization, that entity or organization (in either case “you” or “your” or “client”) and governs your access to and use of the Services.
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If you are accessing the Site or using the Services on behalf of a third party customer (a “Customer”) that has entered into a separate agreement with VideoHouse for the Services (“Services Agreement”), your use of the Site and Services is, at all times, subject to the terms and conditions of the Services Agreement. Nothing in these Terms modifies Customer’s or VideoHouse’s rights or obligations under the Services Agreement.
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BY REGISTERING FOR THE SITE OR SERVICE, OR BY OTHERWISE ACCESSING THE SITE OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
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You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. To register an Account with VideoHouse, you must be 18 years or over.
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1. Services.
- 1.1. Production. Our Production Services will help you to create high-quality videos, photos, and other content made from scratch by our production team. In our “Production Room” via our Portal, we offer several Productized Production Services created for a variety of business needs. Each Productized Service has their own respective Terms of Service, in which you can view here. The photos, videos, and other content we develop in connection with a Shoot is referred to as “Completed Creative Asset(s)”.
- 1.2. Editing. Our Editing Services will help you to create high-quality ready-to-upload videos from the content you provide for us edited by our in-house editing team. In our “Editing Room” via our Portal, we offer several Productized Editing Services created for a variety of business needs. Each Productized Service has their own respective Terms of Service, in which you can view here.
- 1.3. Recurring Editing Services. Our Recurring Editing Services (“Monthly Editing”) will help you to create high-quality ready-to-perform videos from the content you provide for us edited by our in-house editing team on a monthly basis. This Service does not include any production from our team and you must provide the content for us to edit.
       1.3.1. Provided Assets. Scaler plan holders are eligible for multiple assets per request. Assets include but are not limited to video resolutions (16×9, 9×16, 4×5, 1×1) and type (video meme, animated quote, audiograms, GIF). Assets are provided in .mp4 format and are uploaded to the client’s Google Drive folder unless agreed otherwise.
   
       1.3.2. Work and Delivery Output. The output of your assets are determined on the plan you signed up for as outlined below.
   
       1. Start-Up: Up to 2 videos per business day (up to 60 seconds long). You will be able to request unlimited re-edits until you’re fully satisfied with the final asset. When a requested asset is delivered to you, Video Editor moves on to begin delivering your next request in the queue.
       2. Scaler: Up to 5 videos per business day (up to 60 seconds long). The first asset version of your request is available within 48h (depending on the complexity of the order) from the request submission time or on the next business day. This means that if you submit one request, most of the time you will receive the first version of it within 48h and have unlimited time for revisions if necessary. If multiple assets were requested, the video editor delivers them in 24h only after the first asset is confirmed by the client. If you submit multiple tickets they will be addressed and delivered in the order they are received unless advised otherwise.
       
       1.3.3. Output Files. While we do our best to minimize any mistakes, due to the nature of creative design and video editing, we cannot guarantee all files delivered will be 100% error free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. beCreatives is not responsible or liable for any losses or expenses incurred from errors or omissions.
       
       1.3.4. Requests. Each request may only be used for one piece of content for up to 60 minutes. You may only submit one video request to be edited per order, however, you can choose different aspect ratios you need as well as a quote and the thumbnails. If you want different length videos from the same video footage, these should be submitted as separate orders.
       Each request will ask for specific information to be provided, such as content location for download, in and out timestamps to trim the content, header copy, image quote copy, thumbnail details, CTA and more. beCreatives reserves the right to make adjustments to the request form without notice and all fields requested will be required to be filled for a request to be added to the queue.
       
       1.3.5. Refunds & No Risk Guaraantee. This refund policy is exclusive and only applies to Monthly Editing. This refund policy does not apply to any other Service we offer. To view the general Refund Policy please view _____.
       
       You may request a refund from us if you cancel your subscription either: (i) within 14 days of signing up. After this 14 day window, we will not issue a refund. From time to time, we may refuse a refund request if, at our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behavior. Promotions, upgrades, add-ons and adjustments to existing plans are non-refundable.
       
       To qualify for a refund, you must:
       - Provide us with clear direction during the editing process;
       - Provide feedback to your editor during the editing process.
       You (the client) are responsible to use beCreatives after payment.
       
       Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website, Services or Products you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.- 1.4. Samples. VideoHouse will provide samples of Completed Creative Asset(s) for your review (“Samples” or “Drafts”). Samples may, but will not necessarily, contain watermarks or similar markings. You may use Samples solely in order to review and select the Developed Content that you will license, and for no other purpose. You may not remove or modify any notice of copyright or similar marking encoded, embodied, or displayed in connection the Samples. - 1.5. Completed Creative Assets; License. You may approve the Samples at any given time once you are 100% satisfied with them for final delivery and licensing (“Licensed Content”). Subject to your compliance with these Terms and upon payment of all applicable fees, VideoHouse grants to you a non-exclusive, perpetual, worldwide, transferable, and sub-licensable license to reproduce, distribute, publicly display, publicly perform, prepare derivative works of (including to translate, alter, and modify), and otherwise use the Completed Creative Asset(s). - 1.6. Professional Services; Participants. When you Book a Shoot, you may request models, hair and makeup services, styling services, and other professional services (“Pro Services”). VideoHouse will coordinate for the applicable Pro Services you select. In some cases, you may be permitted to use individuals in your Shoot that are not supplied by VideoHouse (“Participants”). You are solely responsible for your Participants. Each of your Participants must sign our then-current Publicity Consent and Waiver.
- 1.7. Delivery of Service. A draft of the completed creative asset(s) will be ready within 15 business days (minimum) from the shoot date, provided you have supplied VideoHouse with all necessary materials within a reasonable amount of time from VideoHouse’s request. These include, but are not limited to photos, interview schedules, etc. You understand that any delay on Client’s part to deliver needed materials for the creative asset(s), or to schedule time to record interview sessions, may affect the final delivery date.
   
   After purchase, you have 30 days to ship us your product and fill out a questionnaire. It is not VideoHouse’s responsibility to remind client to complete questionnaires or ship product. Questionnaire must be FULLY completed; if exited half way through, your creative asset(s) will not be fulfilled. It is client’s responsibility to e-mail contact@videohouse.io to inquire about project details if questionnaire is completed + product is shipped. Clients must ship product with their name on it that matches the questionnaire filled out.
   After 30 days and the client has not shipped product, the amount paid for the package will be credited to the client’s account. If prices have increased since purchase, the client will be responsible for the paying the remaining difference for the creative asset(s) package.
   Any specific client requests may delay delivery of creative asset(s). These include but are not limited to specific actor demographics, specific actor requests, script approval before production, specific scene requests, off-location sets, etc.
   1.8. Revisions. It is the responsibility of the client to have all content of scripts, images, and videos to be used in the completed creative asset(s) and/or website to be approved prior to completion. Here at VideoHouse we value your satisfaction and strive to provide the best client experience. In order to maintain and preserve the quality of our service, we offer unlimited revisions to your completed creative asset(s) within 14 days post-delivery of your assets.
   
   Please include as much information as possible in each creative asset(s) 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.
   
   If revisions are required at the fault of VideoHouse - we will revise the creative asset(s) at no additional cost. If CLIENT is requesting revisions that are not articulated on the questionnaire or via communication within 14 days post-delivery of assets - additional charges may apply.
   
   Revisions are only made on the deliverables sent at the time of the delivery. Additional Variations do not count as revisions - additional charges may apply.
   
   1.9. Output. While we do our best to minimize any mistakes, due to the nature of creative design and video editing, we cannot guarantee all files delivered will be 100% error free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. VideoHouse is not responsible or liable for any losses or expenses incurred from errors or omissions.
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2. Accounts; Access to Services.
- 2.1. Accounts and Registration. You may access and use certain features of the Services by creating a VideoHouse user account (your “Account”). You may log into your Account to use such Services using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You agree that the information that you provide to VideoHouse about yourself upon registration of your Account, and at all other times (the “Registration Information”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Registration Information to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. VideoHouse reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify VideoHouse immediately at legal@videohouse.co. VideoHouse is not liable for any loss or damage arising from your failure to comply with the above requirements. If you connect us with a third party services such as Facebook, Google, or LinkedIn, you give us permission to access and use your information from that third party service as permitted by that service, and to store your login credentials for that service. - 2.2. Site License. Subject to these Terms and any Services Agreement (if applicable), VideoHouse grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to: (a) access and use the Services specifically made available to you as permitted by VideoHouse (the “Permitted Purpose”). This license is exclusive to you and you may not sublicense the use of the Services.- 2.3. Push Notifications. By registering an Account and/or receiving any Services, you agree to be contacted via email, SMS and/or text messaging by us, including via push notifications, regarding our Services, the Site, and by third parties, if relevant, for third party notifications and/or advertisements.- 2.4. Limitations. You expressly agree that you are solely responsible for any and all acts and omissions that occur through your use of the Site, and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to: (a) register an Account or otherwise access or use the Services if you have not acknowledged reading and agreed to abide by these Terms; (b) interfere, disrupt or attempt to gain unauthorized access to other accounts for the Services or any other computer network; (c) create user accounts by automated means or under fraudulent or false pretenses; (d) create or transmit unsolicited electronic communications such as spam to users or promote any products or services; (e) adapt, modify or reverse engineer any portion of the Services; (f) use any spider, robot, retrieval application, or any other device to retrieve any portion of the Services; (g) disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program; (h) violate any applicable federal, state, local or international law or regulation; (i) submit false or misleading information to VideoHouse; (j) access the Services in order to build a similar or competitive service; or (k) engage in any other activity deemed by VideoHouse to be in conflict with the spirit of these Terms or our Privacy Policy. You agree that you (and not VideoHouse) are responsible for ensuring that you comply with any applicable laws when you use the Services.
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3. Products; Product Materials.
- 3.1. Provision of Product Materials. In connection with your access to, or use of, the Services, you may provide samples, products, materials, or other goods to VideoHouse (collectively, “Products”). You may also provide or identify certain trade names, trademarks, service marks, logos, Product details, and similar content relating to you and/or your Product that you desire VideoHouse to use in connection with the Services and Developed Content (the “Product Content,” and together with the Products, the “Product Materials”). You retain all right, title, and interest in and to your Product Materials. By submitting Product Materials, you unconditionally grant to VideoHouse a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of Your intellectual property rights in the Product Materials, to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Product Materials in connection with the Developed Content and/or the performance of the Services. - 3.2. Product Warranty. You may not provide any Products Materials to VideoHouse that are illegal, harmful, or hazardous, or that infringe or violate any third party’s rights, including any copyright, patent, trademark, or other proprietary or contractual right. VideoHouse reserves the right to remove or exclude Product Materials that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, or otherwise harmful. You represent and warrant that all Products provided to VideoHouse: (a) comply with all applicable laws, rules, and regulations and (b) are provided to VideoHouse in accordance with all such laws, rules, and regulations. In the event of a violation of the foregoing representations and warranties, VideoHouse may, with or without notice: (i) dispose of such Products and charge you for all costs related to such a disposal, and/or (ii) if applicable, contact appropriate law enforcement authorities. - 3.3. Return of Products. If you request that VideoHouse return any Products to you, you agree to pay VideoHouse for all shipping charges plus a $25 service fee, (including any customs fees or duties) or provide a prepaid return shipping label. You further agree that VideoHouse will have no liability for any delay, damage, or loss of such items in transit. If you do not request that VideoHouse return a Product, or if you fail to provide payment or a prepaid shipping label for return shipping, within two (2) weeks following notice of the completion of the Services relating to such Product, then VideoHouse may either donate, dispose of, or continue to store (at VideoHouse’s then-current rates) your Products and charge you for any associated costs or expenses. You will indemnify and hold harmless VideoHouse, and its officers, directors, employees, contractors, and service providers (“VideoHouse Parties”) from and against any damage, expense (including reasonable attorney’s fees), penalty, judgement, liability, settlement cost, and any other loss suffered by VideoHouse in connection with VideoHouse’s receipt, use, storage, return, disposal, or donation of Products. - 3.4. Title and Risk of Loss of Product; Release. You, at all times, shall retain title to your Product and risk of loss or damage to your Products. In no event will VideoHouse be liable to you or any third party for any loss or damage to the Products, howsoever caused, and whether such loss or damage could have been prevented by VideoHouse. To the maximum extent permitted by law, you, on behalf of your affiliates, officers, directors, owners, employees, successors, heirs, and assigns (the “Releasing Parties”) hereby release the VideoHouse Parties, from and against any and all claims, demands, actions, or proceedings relating to the Products or any loss or damage thereto. The Releasing Parties will forever refrain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding of any kind whatsoever, by way of action, defense, set-off, cross-complaint or counterclaim, against the VideoHouse Parties arising out of, or in connection with the Products or any loss or damage thereto.
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4. Pricing and Payment
- 4.1. Pricing and Billing Information. Pricing for the Services is described on the Site, and is subject to change without notice to you. You agree to pay VideoHouse in advance any applicable fees for the Services to be provided by VideoHouse under these Terms. VideoHouse will bill your credit card for all fees. You will provide VideoHouse with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, VideoHouse reserves the right to terminate your use of, or access to, the Services in addition to seeking any other legal remedies. VideoHouse is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by VideoHouse. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Site. VideoHouse’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on VideoHouse’s income.

- 4.2. Misuse of Developed Content. If you use Samples or other Developed Content in violation of these Terms, you agree to pay VideoHouse’s then-current fees for purchasing a license to all of the Samples provided to you by VideoHouse. You hereby authorize VideoHouse to charge your credit card or debit card such amounts. You understand that this remedy is in addition to any other remedy available to VideoHouse for your misuse of Samples.

- 5. Refund Policy. VideoHouse operates as a business and we expect Clients to understand and respect our policies. Our goal as a creative asset(s) 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.
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       THIS IS OUR REFUND AND CANCELLATION POLICY AND BY HIRING VideoHouse FOR SERVICES YOU ARE BOUND BY THIS AGREEMENT AND YOU AGREE TO ABIDE BY OUR POLICIES.
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   5.1. Creative Asset(s) Production, Editing & Photography
   creative asset(s) production, photography 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 VideoHouse and if applicable, an additional cost will be charged to the CLIENT for all work completed beyond what was already paid for. No exceptions.
   CLIENT has up to 90 days to fulfill their order by sending their product to VideoHouse. 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.
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   5.2. Chargebacks
   Credit card info is stored within our payment processing system so that we can charge the CLIENTS card 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 card info 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 or credit card company, 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 the credit card company).
   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.
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   PLEASE CONTACT US TO ADDRESS ANY BILLING ISSUES AND WE WILL GLADLY HELP YOU.
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   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 lawyers with sufficient evidence from our records.
   The CLIENT’s payments covers/pays for labor and presentation media in the production of the agreed creative asset(s), picture and/or editing services. Every effort is taken by VideoHouse 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 asset(s)grapher is not liable.
   Rush Delivery fee is non-refundable. RAW footage purchased is non-refundable and non-returnable.
   
   In a period of 21 days from the date of completion and delivery of the creative asset(s), the original edited footage will be deleted. Replacement of the creative asset(s) due to loss by CLIENT will be considered as a new purchase and full price must be received.

6. Suspension and Termination.‍‍
You’re free to stop using the Services or to close your Account at any time. VideoHouse reserves the right to suspend or terminate your Account and your access to and/or use of the Services, at any time, without notice. VideoHouse reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that VideoHouse shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. VideoHouse may, but is not required to, maintain the Developed Content relating to your Shoots after termination of your Account
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7. Retaining Developed Content.
VideoHouse will retain Samples in accordance with its then-current content retention policies, but not less than 90 days from the date of the applicable Shoot. Following termination of your Account, VideoHouse may, but is not required to, retain Samples or other Developed Content relating to your Shoots.
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8. Ownership of the Services.
You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Services are owned by VideoHouse its licensors. Your access to or use of the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. VideoHouse and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. You may not copy or incorporate any of the content of the Services into any work, including your own website without VideoHouse’s written consent. You must have a license from us before you can post or redistribute any portion of the Services. Other than with respect to your User Materials, VideoHouse retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You may not modify the Services, create derivative works of the Services, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Services that would reveal any source code, trade secrets, know-how or other proprietary information. Nothing in these Terms shall be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Services. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded, embodied, or displayed in connection the Services. You may use the Services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Services after any termination or expiration of your agreement to these Terms for any reason.

9. Publicity and Copyrights
- 9.1. Publicity Rights. By demonstrating your consent to these Terms, you are potentially giving up substantial legal rights concerning the raw files and related footage generated as part of VideoHouse’s services (collectively, the “Raw Materials”). Unless you elect to purchase such Raw Materials as described in Section 8.2., below, VideoHouse will retain full rights to the Raw Materials, and shall have the absolute and unconditional right to publicize and commercially utilize your likeness, photographs, and other personal characteristics as they appear in the Raw Materials. To the fullest extent permitted by applicable law, you hereby agree to waive any and all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses arising out of VideoHouse’s use of the Raw Materials, or any such use by VideoHouse’s affiliates, contractors, or other related third parties, including, but not limited to, claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory (collectively, "Claims").THIS AGREEMENT PROVIDES US WITH YOUR ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY, ALLOWING US TO PUBLICIZE AND COMMERCIALLY UTILIZE YOUR NAME, LIKENESS, AND OTHER PERSONAL CHARACTERISTICS AND PRIVATE INFORMATION AS SET OUT ABOVE. BY AGREEING TO THESE TERMS & CONDITIONS, YOU UNDERSTAND THAT YOU ARE POTENTIALLY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE LIONS MEDIA, LLC.
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- 9.2. Copyrights. Once the full fee has been paid, you will have copyright ownership of the completed creative asset(s). VideoHouse may use any parts of it for valid business promotion (e.g. demo tape, demo creative asset(s) for Studio website, captured stills for web or additional marketing, etc). Full rights to the Raw Materials may be purchased for an additional fee of $300 if Raw Materials are not included in the purchased package. Raw Materials must be purchased within 60 days of creative asset(s) delivery or VideoHouse will retain full rights to the Raw Materials as described in the “Publicity Rights” section above.
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10. Usage Data.
You acknowledge and agree that VideoHouse has the right to collect, extract, compile, synthesize, and analyze usage data, analytics, statistics, and other information resulting from your access to and use of the Services (“Usage Data”). VideoHouse retains ownership of all right, title, and interest in and to Usage Data, which may be used by VideoHouse in connection with its performance of its obligations under these Terms and for any other lawful business purpose, including, but not limited to, benchmarking, data analysis, and to improve the Services.
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11. Privacy.
VideoHouse respects the privacy of its users. VideoHouse collects, uses, and discloses information about you in accordance with the VideoHouse Privacy Policy (the “Privacy Policy”). You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, VideoHouse cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet.
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12. Third Party Sites. The Site may contain links to other websites operated by third parties (each, a “Third Party Site”). Such Third Party Site are not under our control. VideoHouse provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Site. Your use of these Third Party Site is at your own risk.
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13. Disclaimers of Warranty.
‍- 13.1 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. VideoHouse EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION GIVEN BY VideoHouse, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
- 13.2. VideoHouse MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SERVICES WILL BE AVAILABLE, OR THAT DATA WILL BE SECURE FROM UNAUTHORIZED ACCESS.
- 13.3. VideoHouse MAKES NO REPRESENTATIONS CONCERNING ANY USER CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND VideoHouse WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES.
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14. Indemnity.
Unless prohibited by state or federal laws to which you are subject, you will indemnify, defend (at VideoHouse’s option), and hold VideoHouse, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of the Services; (b) any Product Materials or User Content, (c) your violation of these Terms; or (d) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right. VideoHouse reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify VideoHouse and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without VideoHouse’s prior written consent. VideoHouse will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
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15. Limitation of Liability.
- 15.1. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL VideoHouse BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF VideoHouse HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SERVICES, FROM ANY CHANGES TO THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER MATERIALS OR USER CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH USER MATERIALS OR USER CONTENT.
- 15.2. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL VideoHouse HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. THE TOTAL LIABILITY OF VideoHouse TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IT IS THE INTENTION OF YOU AND VideoHouse THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
- 15.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND IN PARTICULAR WITHIN THIS “LIMITATION OF LIABILITY” CLAUSE SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

16. Release.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of the Service, or any Third Party Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
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17. International Use.
We control and operate the Services from our offices in Colorado. We do not represent that the Services are appropriate or available for use in other locations outside of the United States. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission or transfer of any data or technical information in connection with your access to or use of the Services.
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18. General.
- 18.1 Modification. VideoHouse may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site or Services after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Site or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site or Services.
- 18.2. Applicable Law and Dispute Resolution. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that VideoHouse has not adhered to these Terms, please contact us by e-mail at legal@VideoHouse.co. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and VideoHouse are unable to reach a resolution to the dispute, you and VideoHouse will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other.
YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND COMPANY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN COMPANY AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and VideoHouse otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. Notwithstanding the foregoing, VideoHouse may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. If you are subject to any state or federal law requiring that the laws of a different jurisdiction apply or that prohibit dispute resolution in the manner required in this Section, then this Section shall be deemed revised to conform with such laws.
- 18.3. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and VideoHouse as a result of these Terms or use of the Services.
- 18.4. Waiver. The failure of VideoHouse to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by VideoHouse in writing.- 18.5. Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.- 18.6. Contact. VideoHouse is located in Brooklyn, New York.Any questions, comments or suggestions, including any report of violation of these Terms should be provided VideoHouse as follows:
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By E-mail: legal@videohouse.io
By Postal Mail: Coming soon.
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18.7. Entire Agreement. These Terms constitute the entire agreement between you and VideoHouse with respect to the Services, superseding any prior agreements between you and VideoHouse. The failure of VideoHouse to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and VideoHouse nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.