Terms of Service
1. ACCEPTANCE OF TERMS
Picture This Productions provides video production services to you the customer - purchaser, subject to the following Terms of Service, or as updated by us from time to time without notice to you.
By using the services of Picture This Productions, our agents, heirs, and assigns, you agree to be bound by our Terms of Service and accept as wholly enforceable our invoices, late payment, or interest and bank fees or credit card surcharges where applicable and all our debt collection costs.
If you do not agree with these terms of service you must not sign any contract for any such services or goods.
1a. Refund Policy
Picture This Productions is unable to refund money on work carried out under your contract and instruction, rather, at our discretion we will re-work any item or replace any failed DVD at our expense or option.
We have no control over the quality or suitability of your media beyond our workman like efforts to improve the viewing experience as much as possible within the constraints of your contract and our technology and costs relative to the content provided to us. We will refund pre-paid projects where the work has not been started, an adjustment or deduction to cover postage and handling will apply to cancelled projects.
2. SERVICES OFFERED
Picture This Productions offers only the following services; verbal or written instructions on how to best select the right pictures to tell you story, scan your selected photographs into digital, create a photo-2-video montage from your selected digital, scanned to digital, and video clips on a designer labeled DVD with matching jacket, or creating the photo-2-video montage on a Flash Drive. The video will include some or all of the following: pictures, video clips, effects, transitions, text, and music. Some general editing of pictures and/or video clips may be done as needed for the quality of the video.
2a. Selection of media to include in the video
Picture This Productions does not offer the services of helping sort through, for selection, of any media (including photos, videos, documents, music, or any other types of media) to best tell your story. It is not our story so we feel we are not qualified to select the memories that best tells your story.
2b. Voice overs
Picture This Productions does not offer the service of personal recordings or voice overs for the video production process.
3. COPYRIGHT DISCLAIMER
It is your absolute responsibility to provide us with all media material or "Content “to be used for your photo-2-video montage production.
You certify that you are the owner of all material submitted to us, or that you have obtained written permission from the copyright owner to use any Content, including, but not limited to, photographs, clip art, graphics, animations, video, film. slides, negatives, music and/or text.
You are solely responsible for, and assume all copyright and legal liability for all Content you submit to Picture This Productions.
You agree to indemnify and hold Picture This Productions and its respective representatives, licensees, successors, subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to, or arising out of, Content you provide, your use of our Services, your connection to the Services, your breach of the Terms Of Service, or your violation of any rights of copyright owners and or the personal injury of individuals appearing in your content.
4. COPYRIGHT STATEMENT
All content included on the websites: picturethisprod.net and youtube.com/user/2013spectacular, and any other Picture This Productions social media, such as photo-2-video montage, text, graphics, logos, images, audio clips and video clips, are the property of Picture This Productions or its content suppliers and is protected by USA and (trade agreement) copyright laws.
Copy and Distribution is strictly prohibited without express prior written permission of Picture This Productions.
5. LIMITATION OF LIABILITY
This clause especially relates to fragile or deteriorated media.
You expressly understand and agree that Picture This Productions will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages to, theft or loss of the content you provide, damage to DVD players, computers, or other equipment, loss of profits, goodwill, use, data or other intangible losses, resulting from, but not limited to, product defects, accident, misuse, acts of God, or other foreseeable or unforeseen circumstances,
5a. Loss in transit
Picture This Productions is not liable for loss, theft, or damage in transit by courier or delivery service by the U.S. Postal Service, UPS, FedEx, or any other delivery service, inside or outside of the United States. We accept no responsibility under any circumstances for events arising in or as a consequence of or during transit.
5b. Damaged Media - Rejection of media
You accept that Picture This Productions is not liable for photographs, slides, negatives, film, or video tape or other media which is dirty, damaged, twisted, deformed, water damaged, or deteriorated in any way..
Picture This Productions reserves the sole right to reject or refuse any media items at the absolute discretion of the senior producer or staff member appointed by the owner of Picture This Productions and any such rejection may be for technical reasons, inability, excessively offensive content, illegal activity, extremist content, cruelty, or other material deemed to be offensive.
5c. Adult Content:
Adult content and pornography, of a personal and private commercial or non commercial nature, will not be accepted or worked with in any manner and will be rejected or refused. If in doubt, contact Picture This Productions by telephone or by email on our contact page at https://www.picturethisprod.net/contact.
5d. Site Information
While every effort has been made to ensure the accuracy of the information found on our website, http://www.picturethisprod.net the information is provided only as a guide. We do not warrant or guarantee accuracy or completeness of any information, and are not liable for errors or omissions that cause damage direct or indirect as a result of the use of or reliance of information found on this site or any link leading away from this site.
Picture This Productions do not endorse or accept any responsibility for any linked web site leading away from this site and such information is provided for information purposes and web site optimization generated or exchanged resources obtained in good faith and responsible business practices.
If a link to another site causes offence please report abuse to us and we will investigate and remove offending out bound links or advertising.
6. GENERAL INFORMATION
The Terms Of Service and the relationship between you and Picture This Productions shall be governed by the laws of the State of New York, USA, without regard to its conflict of law provisions. You and Picture This Productions agree to submit to the personal and exclusive jurisdiction of the Small Claims Clerk / Magistrate Court located within the state of New York or as annexed or moved by court orders sought or obtained.
By using our services, you acknowledge that you have read and accepted the Terms Of Service, which constitutes the entire agreement between you and Picture This Productions and governs your use of the Services, superseding any prior agreements between you and Picture This Productions including, but not limited to, any prior versions of the Terms Of Service.
Picture this Productions does not guarantee the success of any marketing campaign when using a Picture This Productions product. The sale of any product, which is the in the content of a Picture This Productions presentation, is not guaranteed to sell that product. Picture This Productions will not be responsible for the success of any such marketing efforts.
7. COMPATIBILITY OF DVD-R BURNED DVD'S
All DVD's are made to strict standards and are compatible with 95% of DVD Players. Note that some expensive high end DVD Players may not play a custom made DVD as these are not the same as mass produced DVD (Glass Pressed). Picture This Productions is not responsible for compatibility issues, please check your owner’s manual to verify compatible formats, even if you have successfully played burned DVD's not all DVD features may be available on your player. Recent research has found that cheaper DVD players are far more reliable for playing burned DVD's.
8. PAYMENT FOR SERVICES
Unless otherwise stated in your contract payment terms are strictly 50% deposit at signing of contract and 50% upon completion of contract. When all fees have been paid to Picture This Productions you will receive all original materials and you final contracted product. No originals or product will be delivered without payment in full.
You agree that any estimate provided to you is an estimate of costs and not issued as a firm quote. Published pricing information is subject to change without notice.
Any perceived firm price quoted in general correspondence or elsewhere is an estimate or guide of the likely cost of the project only until such project material / media is received at the studios of Picture This Productions whereupon a firm quote will be furnished following inspection and validation of quantity and usability.
You agree to pay Picture This Productions for services provided to you within 3 days of the completion of your contract. You further agree that when payment is not paid in full within one week of completion of contract Picture This Productions is not obligated, or will they, return your original materials to you nor will you receive final product until the contract is paid in full, and that you will agree to compensate Picture This Productions for the reasonable costs of invoice re issue and consequential costs of attending and expending effort to recover amounts owed by you without limitation including but not limited to staff time, postage, bank fees, interest charges, dishonor fees, unsuccessful credit or debit card draw down attempts, present again fees and all other on costs or financial burdens as is reasonable in the circumstances are fully recoverable.
Debt Collection Action
Invoices remaining unpaid at 30 days are subject to debt recovery action with attendant costs payable by the debtor including debt collection costs, bad debt reporting, legal - solicitor’s costs, court fees, summons service costs and moving magistrate’s court judgment debtor enforcement orders.
Use of debit and credit cards
Picture This Productions, at this time, accepts debit and credit card payments. Accounts can also be paid by cash, money order, and bank check. However, if paid for by money order or bank check the work stated in the contract is not started until the payment clears the institution that the money order or bank check was drawn on. This could take up to 30 days. Any attempt to deceive or misrepresent any instrument or document will be disclosed to your banker and the law enforcement by state and or Federal Police where appropriate.
Documented prices are estimates only. Final pricing will be determined by Picture This Productions at the end of the creation process. All prices are subject to change without previous notice to the customer.