SIMMS Media, a division of SIMMS Enterprises, LLC, ("the Company") provides this website and related services ("the Service") and products ("the Products"), subject to your compliance with the terms and conditions ("Terms of Service") set forth below. Please read the following carefully.
The Company reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.
Violation of any part of the Terms of Service will result in termination of your account.
Refund/Money Back Policy
If you are not satisfied with the video you have purchased, contact us and we will return your money back if we fail to satisfy you after a second attempt to produce the video. If you download the video file, this guarantee will not apply anymore, so make sure to view your video from within the website and only download it if you are satisfied. To avoid scammers, users that abuse our service by repeatedly asking for a refund within a short time period will be banned from the website.
You agree that all videos are authored by the Company. We give you access to the Service so you can choose a video template, send us text, pictures, footage, music, payment and other information we need for producing the video.
The template used to produce a video may come from a stock website that require us to pay them a license fee. If so, this fee is already included in the price you pay for the video and will be forwarded to the stock website.
The free preview video we generate, may only be used for previewing purposes and may not be published outside the Service. You will only get a publishing license when purchasing the final HD video.
Copyright Law and Ownership
You agree that the owners, employees and volunteers of the Company are not responsible for any loss or damages which may result from your illegal use of images, video clips or music files. Make sure that you have the right to use the images, video clips and music files you upload to the service.The Company claims no intellectual property rights over the content you upload, create or provide to the Service. Video projects which have not been produced, will expire and be deleted after 1 month.
The Company owns the intellectual property rights to any and all protectable components of the Service, excluding the Media content, including but not limited to the name of the Service, and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service owned by the Company.
What you can do with the video purchased
We grant you, the purchaser, an ongoing, worldwide license to make use of the video we generate for you as long as you follow these terms:
1. You may distribute the video an unlimited amount of times, as long as the video is distributed to end-users for free. You can combine the video with other works and make a derivative work from it, as long as the derivative work is distributed for free.
2. You may not re-distribute the video as stock. You may not use the video or parts of it in a logo, trademark, or service mark.
So for example, you can purchase a video from us and upload it to Youtube or another website. The video can be viewed and shared an unlimited amount of times. You are allowed to resell the video to a client, as long as that client is not the end-user.
We allow the videos produced to be resold without any extra payment from you. The only restriction is that the end-user (the viewers of the video) are not charged.
You must provide a valid email address to complete the sign-up process. We will use this email for sending you a password so you can sign into the service.
You are responsible for maintaining the privacy and security of your account. The Company will not be held liable for any damage or loss that may result from our failure to prevent hacker attacks or illegal access to our servers or your failure to protect your login information, including your password.
By creating an account, you agree to our terms and you are provided with a limited, personal, non-transferable, non-exclusive license to use the Service.
Payment for Services and Products
A credit card or PayPal account is not required for producing a preview video. A valid credit card or a PayPal account is required for producing the final video.
When making a deposit into your account, your credit card will be charged.
Fees charge by us may be exclusive of some or all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
While all purchases are processed in US dollars, we may provide an estimated conversion price to currencies other than US dollars and that these prices may have small differences in comparison with the actual price you will pay.
When purchasing a video from us, we will host the video for you, free of charge. At the moment, we do not have any limits on the number of views, but if your video is using too much bandwidth on our server, forcing us to upgrade our bandwidth, we may ask you to pay an yearly fee. Also, we do not permit traffic that is not coming from real people, such as traffic that some websites are selling. Even though these websites advertise that the traffic is human, usually it is not the case. For best results, we recommend that you download the video and upload it to Youtube or another video hosting website that can handle huge amounts of traffic.
You agree to indemnify and hold the Company, its owners, employees and volunteers harmless from any loss, claim, demand or expense, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms of Service, or your violation of any rights of another.
Use of Site
You agree that the owners, employees and volunteers of the Company are not responsible for any loss or damages which may result from your use of the website or its content.
In using this Site, you agree to not:
1. upload, download, post, email or otherwise transmit any materials including but not limited to images, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise ("Content") that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
2. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.
4. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
5. upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
6. upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7. upload, download, post, email or otherwise transmit false or misleading information.
8. disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site.
9. access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
10. disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
11. incorporate images or names that would violate a person's right of privacy or publicity.
The Company reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.The Company reserves the right to change fees charged for products at any time for any reason with or without notice.
Your use of the Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
The failure of the Company to exercise any right provided for herein shall not be deemed a waiver of any rights hereunder. The Terms of Service sets forth the entire understanding between you and the Company as to the Service and supercedes any prior agreements between you and the Company (including, but not limited to, prior versions of the Terms of Service).
Any questions regarding the Terms of Service should be addressed to the Company.