HEY! VIDEO SERVICE AND WEBSITE TERMS AND CONDITIONS


Last modified March 01, 2017

Hey! Video, Corp. ('Hey! Video') provides customers with a full range of off-line production services and an on-line based membership platform ('Membership') to produce Video. Before you continue using Hey! Video, including, but not limited to, URL's located at http://www.hey.video, http://www.BWEMonthly.com, http://www.BillupsWorldEntertainment.com, http://www.hey-video.com, or any of its redirects as well as its application(s), widget(s) and gadget(s) ('Website' or 'Service'), you must carefully review the Terms and Conditions set forth below ('Terms').

USERS ('YOU') MUST READ AND AGREE TO THIS TERMS OF SERVICE AGREEMENT ('AGREEMENT') IF YOU ARE A USER OF HEY! VIDEO'S WEBSITE AND/OR MEMBERSHIP.

This Website is owned and operated by Hey! Video, Corp. ('Us' or 'We'), a Florida Corporation with its principal business address at 121 S. Orange Ave., Suite 1500, Orlando, FL 32801.

Specific pages on the Website may set out additional terms and conditions, all of which are incorporated by reference into these Terms. We reserve the right to, at any time, modify the Website and/or the terms of this Agreement without prior notice. Modifications will become effective immediately upon being posted on the Website. If you continue using the Website after modifications are posted, it will be considered an acceptance of the modified Terms of Service (TOS). In the case of inconsistencies between these Terms and information on other pages of the Website or materials by us (for example, promotional materials and mailers), these Terms shall be the controlling source. We recommend that you periodically check this page to make sure you are up to date.

By entering and using the Website, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Hey! Video that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact us at (tos ~AT~ hey DOT video). Your use of the Website and the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.

You must be at least 18 years old to use the Service.

Section 1 and Section 3 of these Terms govern all users of the Website and Service, including users who are not paying any fees. If you choose to use the Service on a fee basis, you will be asked to check a box to indicate that you have also read and agree to be bound by the additional provisions set out in Section 2 of these Terms, in addition to being bound by the provisions of Section 1.

Section 1: Usage Terms Applying to All Users of the Service

A. Purpose of the Service and License

All content on our Website is owned by Hey! Video or our Third Party Content suppliers. Hey! Video, Corp. provides Registered Users ('Members') with an on-line based Membership to submit Copy, Media and other Assets ('Assets') for production. Hey! Video hereby grants you a limited, non-exclusive, non-transferable, worldwide right to use the Service, subject to these Terms. You understand and agree that your use is as a revocable licensee. In addition, Hey! Video hereby grants you a limited, non-exclusive, non-transferable, world wide right to use, solely as part of the Service, certain third party photographs, videos, music, graphics, tools and other materials that may be made available to you by Hey! Video as part of the Service ('Third Party Content'). You may not use the Third Party Content on a stand alone basis or for any purpose separate and apart from the Service. Use of certain Third Party Content may be subject to additional terms and conditions. All rights not expressly granted to you are reserved by Hey! Video and its licensors. You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party Service or the Third Party Content in any way.

Video Usage Licensing:

Video productions may be used solely for the original company/product/service/topic video was produced for. Video productions may not be altered and must be presented in their full, original length (including but not limited to video clips, images, audio voiceover, and music underscore). You may not be “rebrand” video productions for other uses (including but not limited to other products, similar companies, etc…).

Videos Productions are licensed for the following:
ALL VIDEOS: Continued, unlimited use for: Your company website(s), video sharing sites (YouTube, Vimeo, etc…), search engines (Google, Yahoo, etc…), point of sale (store countertops, displays, etc…), trade shows (booths, digital signage, etc…), internal use, (lobby/waiting area, digital signage, trainings, etc…).

In addition to the licensing above:

STANDARD MEMBERSHIP: Videos ARE NOT licensed for resale.
PLUS-SCRIPT MEMBERSHIP: Videos ARE NOT licensed for resale.
ENTERPRISE MEMBERSHIP: Enterprise Member video productions do not carry a Hey! Video brand (“Un-Branded”), and are licensed for resale to ONE individual or company per production, for said individual's or company's personal use only. Productions MAY NOT be resold for use in "Private Label Rights" (PLR) products. All other licensing applies and is transferrable to end user.

A SEPARATE LICENSE IS REQUIRED FOR ANY AND ALL TELEVISION/WEB TV/MOBILE TV USAGE (including but not limited to streaming services, HBO Go, Netflix, etc…).

B. Privacy Issues

The Hey! Video Privacy Policy can be found at www.Hey.video. The terms and conditions of our privacy policy are incorporated into and considered part of these Terms.

C. Trademarks

All brand, product, and service names used in this Service which identify the Membership, Hey! Video or third parties and their products and services are proprietary marks of Hey! Video and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Hey! Video or any third party with respect to any such image, logo or name.

D. Availability

Hey! Video uses reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment or other circumstances that are beyond the control of Hey! Video. Reasonable steps will be taken by us to minimize such disruption where it is within the reasonable control of Hey! Video. From time to time, and without notice to you, Hey! Video may add or delete certain features or functions from the Service we provide. You agree that Hey! Video shall not be liable to you for any modification, suspension or discontinuance of the Service.

E. Production

(1) The Service permits the user to submit video, audio, graphic images, photographs, text and related data to create Productions (the information so submitted and the Productions so created shall be collectively referred to as the 'Production')

(2) You shall be solely responsible for your Production and the consequences of posting, linking or publishing them through use of the Service. You affirm, represent and/or warrant to Hey! Video that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize Hey! Video to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Productions and their use in the manner contemplated by the Service; and (ii) you have the written consent, release, and /or permission of each and every identifiable individual person in the Production to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Production s in the manner contemplated by the Service. By submitting the Productions to Hey! Video and/or using the Service, you hereby grant Hey! Video a limited worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute (in any media formats and through any media channels), prepare derivative works of, display, and perform the Productions for the purposes of promoting, marketing, and otherwise exploiting the Service.

(3) In connection with Productions, you further agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Hey! Video all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage Hey! Video or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; or (d) impersonate another person. Hey! Video does not endorse any Productions or any opinion, recommendation or advice expressed therein or any product or service offered for sale in the Production, and Hey! Video expressly disclaims any and all liability in connection with Productions. If notified by a user or a content owner of an allegation that the Productions infringe upon or constitute a misuse of the rights held by such user or owner, Hey! Video may investigate the allegation and determine in good faith, and in its sole discretion, whether to remove or restrict access to the Productions and/or deny production of Production without refund, which it reserves the right to do at any time.

(4) The Service provides an "Embedded Player" feature, in which you can directly incorporate Productions on websites owned or operated by you or to those third party websites that you wish to link to your Productions. You understand that the Productions, whether or not linked or embedded into other web sites, are provided to You only on an as-available basis, and Hey! Video does not guarantee that their availability will be uninterrupted or error free. Hey! Video reserves the right to discontinue any aspect to the Hey! Video Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases.

(5) You agree and acknowledge that Hey! Video has no obligation to retain the Productions, and may delete such Productions at any time after termination of the Service term. You also agree and acknowledge that Hey! Video has no obligation to provide access to or retain the Productions, and may delete such Productions, at any time.

F. Basic Copyright Policy and Reporting of Violations

Hey! Video does not control what content its users choose to store on the Website or to incorporate into Productions. Users of this Website and Service are solely responsible for complying with all international, federal and state laws applicable to such content, including copyright laws.

Hey! Video respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. As a condition to your use of the Service, or your use of the Website, you agree that you will not use the Website or Service to infringe the intellectual property rights of others in any way. Hey! Video will terminate access to the Website or use of the Service by any users who are infringers of the copyrights, or other intellectual property rights, of others or if Hey! Video believes that conduct of the user is harmful to the interests of Hey! Video.

If you believe the copyright in your work has been violated through this Service, please contact Hey! Video as set forth below. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing the following notice form and delivering it to the Designated Copyright Agent:

NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT

1. Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed via the Website or Service:
2. Identification of the material that you claim is infringing (including sufficient information so that we may locate the material on the Website or Service, such as the URL where such material may be found on the Website):
3. Your street or mailing address, telephone number, and, if available, email address.
4. I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use).
5. I hereby state that the above information in this Notice is accurate and, under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
6. Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright: Full legal name:_______________________________

All claims of copyright infringement should be delivered in writing to Hey! Video at the following contact information:

copyrightconcerns@hey.video

You are solely responsible for any copyright violations that may occur as a result of your use of the Service or accessing the Website.

G. External Links

From time to time, Hey! Video may provide at the Website links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access such linked websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that Hey! Video is not liable for any loss or damage that you may suffer by using other websites.

H. Amendment of the Terms

We reserve the right to amend these Terms from time to time in our own business discretion, without giving any prior notice to users of the Website.

I. Termination of Access to the Service or the Agreement.

At our sole discretion, Hey! Video may terminate your access to the Website and/or Service, for any reason without notice. On the effective date of any such termination you shall immediately stop all use of the Website and the Service. In addition, Hey! Video may at any time terminate this Agreement and/or the Service for convenience at any time. In the event of any such termination for convenience, Hey! Video shall not refund you any portion of the pre-paid fees for the Service so terminated.

J. Claims, Controlling Law and Language

Any action or claim hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action or claim. The parties agree that any claims hereunder shall be subject to the state and federal laws of the state of Florida, and hereby consent to jurisdiction and venue in the state or federal courts located in the area of Federal District Courts of Florida. Both parties expressly exclude the application of the United Nations Convention of Contracts for the International Sale of Goods, if applicable, to these Terms of Use. The parties hereto confirm that it is their wish that these Terms of Use, as well as other documents relating hereto, including notices, have been and shall be written in the English language only. Les parties aux presentes confirment leur volonte que cette convention de même que tous les documentes y compris tout avis qui s'y attaché, soient rediges en langue anglaise.

K. Export Controls

This Website and the Service use software and technology that may be subject to United States export controls and the export control regulations of Switzerland and the European Union. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This Website and the Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. Hey! Video and its licensors make no representation that the Website or Service is appropriate or available for use in other locations. If you use the Website or Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.

L. Notices

Hey! Video may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Hey! Video's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Hey! Video's account information. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to Hey! Video (such notice shall be deemed given when received by Hey! Video) at any time by any of the following: letter sent by confirmed facsimile to Hey! Video; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Hey! Video at the following address: Hey! Video 121 S. Orange Ave., Suite 1500, Orlando, FL 32801; addressed to the attention of: Chief Financial Officer.

M. Conduct

You agree not to use the Service:

1. for any unlawful purposes;
2. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
3. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to Hey! Video;
4. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
5. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Productions/Assets transmitted through the Service; and
6. to upload, post, email or otherwise transmit any User Creations which are likely to cause harm to Hey! Video or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service.

You further agree that you shall not:

1. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service;
2. provide any information to Hey! Video that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
3. use email from Hey! Video to create spam emails to be sent from us.

N. Monitoring of Content

Hey! Video does not control the content of user's accounts or the Productions and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.

O. Suspension and Termination of Access to the Service

You agree that Hey! Video may at any time without notice:

1. move or suspend any part of the Service; or
2. refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Hey! Video's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so.

P. Storage Policy

Hey! Video provides online storage of images and video to users of the Service. Customers who use the pay version of the Service may continue to use this storage as long as they continue to pay the fees associated with such Service. For users of the free version of the Service, your content is subject to removal from the Website at any time from the date your account is initiated. To keep your content in your account beyond the free period, you need to purchase the paid version of the Service within the initial free period, otherwise you are subject to removal of your content. We may change this policy at any time, upon reasonable notice to you.

Section 2: Usage Terms for Services Purchased on a Subscription Basis

A. Registration

To use the Website and Service, you must register for the Service. Such users are referred to in this Section 2 as 'Members.' Members must be 18 years old or over. You agree that the information that you provide to us during registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.

B. Password

When you register for the Service you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Hey! Video immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password at any time, for any reason.

C. Formation of a Binding Contract

No contract will exist between you and Hey! Video with respect to Section 2 of these Terms unless and until Hey! Video accepts your registration and order by a confirmatory e-mail, telephone conversation, or other appropriate means of communication.

D. Pricing, Billing and Payment

(1) The Website and Service contain features and functionality that are available only for a fee; referred to in this Section as 'Membership.' A Membership pricing agreement with us shall be specified on the Hey! Video on-line order form during the Membership process, with a Membership Sales Specialist, or during the Submission Process. All listed prices are stated in U.S. dollars and are valid until altered by us. Prices do not include any applicable sales, use or excise taxes that Hey! Video may be required to collect and remit. Any such taxes or charges shall be added by Hey! Video to the price for the Service. In the event that the published price for the Service was incorrect, Hey! Video will contact you to let you know the correct price and ask you whether you still wish Hey! Video to fulfill your order at the correct price. You must provide Hey! Video with valid credit card or approved purchase order information as a condition to signing up for Published Videos.

(2) Hey! Video offers several Production options:

(a) A La Carte - Purchase production services one-at-a-time and pay the individual, non-member price starting at $9,495 per minute.

(b) Standard Membership - A $404 product purchase plan price (which includes your first month's membership) and $79 monthly fee charged thirty (30) days after initial product purchase plan payment and renewed automatically every thirty (30) days.  As a Standard Member, All Standard Membership productions are severely discounted ($599 for a one-minute production) and are Branded by Hey! Video with a watermark in any of the upper left, upper right, lower left, or lower right of the video AND/OR at the end of the video ("Branding").  You agree that this Branding may not be removed without paying an additional fee. Additionally, as a Member, the first video production every month is free. If you do not need a video in a particular month, your free video for that month will not rollover into the following month. Only one Free video may be ordered an a time.

(c) Plus-Script Membership - A $504 product purchase plan price (which includes your first month's membership) and $179 monthly fee charged thirty (30) days after initial product purchase plan payment and renewed automatically every thirty (30) days.  As a Plus-Script Member, All Plus-Script Membership productions are severely discounted ($599 for a one-minute production), include script writing, and are Branded by Hey! Video with a watermark in any of the upper left, upper right, lower left, or lower right of the video AND/OR at the end of the video ("Branding").  You agree that this Branding may not be removed without paying an additional fee. Additionally, as a Member, the first video production every month is free. If you do not need a video in a particular month, your free video for that month will not rollover into the following month. Only one Free video may be ordered an a time. Turnaround time for script writing for a one minute production depends on our schedule. Multi-minute productions may take longer. Video production turnaround time begins upon receipt of final approved script.

(d) Enterprise Membership - A $704 product purchase plan price (which includes your first month's membership) and $379 monthly fee charged thirty (30) days after initial product purchase plan payment and renewed automatically every thirty (30) days.  As an Enterprise Member, All Enterprise Membership productions are severely discounted ($599 for a one-minute production), include script writing, do not carry a Hey! Video brand ("Un-Branded"), and are licensed for resale. ALL OTHER LICENSING PARAMETERS STILL APPLY (refer section 1A above for additional licensing details).  Additionally, as a Member, the first video production every month is free. As an added bonus, if you do not need a video in a particular month, your free video for that month will rollover into the following month for up to three (3) months. Only one Free video may be ordered an a time. Free Rollover Videos cannot be combined into multi-minute productions. Turnaround time for script writing for a one minute production depends on our schedule. Multi-minute productions may take longer. Video production turnaround time begins upon receipt of final approved script.

Your monthly payment is a Membership/Subscription Fee for access to our Members' Only Discounts. It is not a 'pre-payment' program for video productions. We will bill your credit card every month and you will receive Insider Discounts to Professional Media Services. As a Member, the first video(up to one minute), or the first minute of a multi-minute video, you order every month is free for as long as you remain an active Member. The pricing options are explained in more detail on the Hey Video Pricing Page. The information and terms on the aforementioned page are incorporated into and made a part of these Terms.

(3) The Website and Service may also be offered under a Promotional and/or Free Trial offer. You may use the promotional or free trial version of the Website and Service only for the amount of time specified by the promotional offer. By your use of such offers, you understand and agree that after the offer has expired, you may not be able to continue to access and/or use the Website and Service unless you provide Hey! Video with valid credit card information or pay any applicable fees for ongoing use of the Website and Service.

(4) REVISIONS - There is a flat-rate per-minute fee of $599 for any and all revisions ('Revision Fee'). The Revision Fee applies to all productions, at all levels, whether there is one change or many.

(4) DISCOUNTS - We may from time to time offer promotions where we may discount or waive certain Hey! Video fees, subscription fees, setup/activation fees, or other fee-based products or services. We may offer coupon codes as a mechanism for processing a discount or credit. Coupon codes have no cash value, are not retroactive, and unless specified, are non-transferable and expire within 15 days of date of issue unless otherwise noted. Additionally, we may ship free Hey! Video promotional materials to an address you specify, or we may offer referral opportunities ("Referrals"). To accept a Referral offer and receive any applicable Referral payments, You must register for a PayPal.com account within 30 days of the Referral offer. If You do not register for PayPal.com account within 30 days of the Referral offer, You forfeit all rights to any payment based upon that offer. Offers, promotions, and Referrals are subject to change. Limit one SDP discount per account. Discount amounts may vary and forfeit upon suspension of your Hey! Video account due to missed payment and/or cancellation of your Hey! Video account.

E. Automatic Renewals, Cancellation and Termination

(1) The Hey! Video Membership monthly charge will automatically be renewed for the same monthly term upon expiration, without prior notice to you, unless and until you cancel the service prior to the end of such term. If you do not cancel the service prior to the end of any such term, you will be charged the applicable fee for the next term. The renewal charge for the service will be equal to the price in effect during the prior term, unless Hey! Video has given you notice of a price increase, which shall be effective upon renewal and thereafter. If you no longer wish to receive your subscription, you may terminate the service at any time by clicking the cancel link inside your membership area. In the event you so terminate the service, Hey! Video shall immediately discontinue your service and all access to Service. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, UPON CANCELLATION OF YOUR SUBSCRIPTION, YOU WILL NOT RECEIVE A REFUND OR CREDIT FOR ANY SUBSCRIPTIONS FOR WHICH YOU HAVE PAID. Further, you will not be able to access content or services provided in your subscription except as permitted by HEY! VIDEO. UPON TERMINATION OF SERVICE, ANY FREE MONTHLY VIDEOS, INCLUDING FREE ROLLOVER VIDEOS THAT HAVE BEEN BANKED IN YOUR ACCOUNT, WILL BE IMMEDIATELY FORFEITED. Except as otherwise stated in this agreement, termination of service will not affect any discounted videos ordered prior to termination.

Section 3: General Terms and Conditions

A. Limited Warranty and Limitation of Liability

THE SERVICE, THE SITE, AND ALL OTHER RELATED HEY! VIDEO PRODUCTS AND SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY OTHER WARRANTIES WHATSOEVER. ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, HEY! VIDEO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO WHICH THE WEBSITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES, THE UPLOADING OF IMAGE CONTENT AND/OR MUSICAL CONTENT, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT THROUGH THIS SITE OR THROUGH THIRD PARTIES' WEBSITES TO WHICH THE WEBSITE IS LINKED, IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL OR ANALOG VIDEO OR PHOTO TO HEY! VIDEO, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. HEY! VIDEO SHALL NOT BE LIABLE FOR ANY LOSS OF, OR DAMAGE TO, YOUR CONTENT.

WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, THE SITE AND ALL OTHER RELATED PRODUCTS AND SERVICES, EVEN IF HEY! VIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

B. Indemnification

You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting: from any breach of these Terms; your access to and use of the Website; your use of the Service; and, your production, use and distribution of the Productions.

C. Copyright Authorizations and Procedures

In order for Hey! Video to make your Productions available as part of the Service, we need the rights to make use of Productions. Accordingly, as a condition of your use of the Service, you hereby grant Hey! Video a perpetual, universal, non-exclusive, royalty-free right to copy, display, perform, modify, transmit, make derivative works of and distribute your Productons. As a condition of your use of the Service, you represent and warrant to Hey! Video that you either own your Productions and/or Assets or have written permission from the owner of the rights or materials included in such Productions to use such Productions in conjunction with the Service.

D. No Waiver

These Terms constitute the entire agreement between Hey! Video and you with respect to your use of the Website and the Service. Hey! Video's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.

E. Comments

If you have any comments or questions about these Terms, the Website or our Service, please contact us by email at (tos ~AT~ hey ~DOT~ video)
Copyright 2017. All rights reserved.