Video Sale Terms and Conditions
1. Introduction
- These terms and conditions shall govern the sale and supply of streamable and downloadable videos through our website, and the use of those videos.
- You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
- This document does not affect any statutory rights that you may have as a consumer.
2. Interpretation
- In these terms and conditions:
- “we / us” means WetandMuddy.com;
- “you” means our customer or prospective customer under these terms and conditions;
- “videos” means those videos that are available for purchase on our website; and
- “your videos” means any such videos that you have purchased through our website.
3. Order process
- The advertising of videos on our website constitutes an “invitation to treat” rather than a contractual offer.
- No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this section.
- To enter into a contract through our website to purchase streamable and downloadable videos from us, the following steps must be taken: you must add the videos you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will then be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an email acknowledgement and order confirmation (at which point your order will become a binding contract).
4. Prices
- Our prices are quoted on our website.
- We may from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5. Payments
- You must, during the checkout process, pay the prices of the videos you order.
- Payments may be made by any of the permitted methods specified on our website from time to time.
6. Licensing of videos
- We will supply your videos to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
- Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a worldwide, non-exclusive, non-transferable licence to make any use of your videos permitted by Section 6.3, providing that you must not in any circumstances make any use of your videos that is prohibited by Section 6.4.
The “permitted uses” of your videos are:
- downloading a copy of each of your videos;
- making, storing and playing copies of your videos on not more than 2 desktop, laptop or notebook computers, including through a television screen or projector; and
- making, storing and playing copies of your videos on not more than 2 smartphones, tablet computers, media players or other portable devices.
- The “prohibited uses” of your videos are:
- the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any video (or part thereof) in any format;
- the editing, modification, adaptation or alteration of any video (or part thereof), and the creation of any derivative work incorporating any video (or part thereof);
- the use of any video (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
- any re-selling of any video (or part thereof)
- the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any video for the purpose of preventing unauthorised use
- you cannot claim the downloaded work as your own, please respect the effort and time spent to accomplish this work.
- You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your videos.
- All intellectual property rights and other rights in the videos not expressly granted by these terms and conditions are hereby reserved.
- You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any video.
- The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
- If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach and the copyright owners may seek redress through the courts
- You may terminate the licence set out in this Section 6 by deleting all copies of the relevant videos in your possession or control.
- Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant videos in your possession or control, and permanently destroy any other copies of the relevant videos in your possession or control.
7. Cancellation rights
- You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within 24 hours of payment.
- We do not accept cancelations after a video has been streamed or downloaded.
- You do not have to give any reason for your withdrawal or cancellation.
- If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order.
- We will refund money using the same method used to make the payment. You will not incur any fees as a result of the refund.
- We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
8. Warranties and representations
- You warrant and represent to us that:
- you are legally capable of entering into binding contracts;
- you have full authority, power and capacity to agree to these terms and conditions; and
- all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
- We warrant to you that your videos will be supplied to you with reasonable care and skill.
- All of our warranties and representations relating to videos are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
- Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law,
- and your statutory rights as a consumer will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
- The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
- are subject to Section 9.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
- Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
- amount to be agreed and
- the total amount paid and payable to us under the contract.
10. Variation
- We may revise these terms and conditions from time to time by publishing a new version on our website.
- A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
11. Assignment
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
- You may not, without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. Waivers
- No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
- No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
13. Severability
- If a provision of a contract under these terms and conditions is determined by any court or other competent authority in England to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third party rights
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
- Subject to Section 9.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our streamable and downloadable videos and the use of those videos, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our videos and the use of those videos.
16. Law and jurisdiction
- A contract under these terms and conditions shall be governed by and construed in accordance with English law.
- Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
17. Statutory and regulatory disclosures
- We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
- These terms and conditions are available in the English language only.
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