Terms & Conditions
Above all, it is our goal to offer our clients a fair deal by providing our clientele with affordable, easy to use video editing services. We pride ourselves on creating the best possible work out of the material our clients send us and therefore separate ourselves from others through the quality of our work. Should a dispute or misunderstanding arise, we promise to adhere to what is right by either finding a reasonable and fair solution based on the terms outlined below.
By employing the services of Kelby K.O. Productions, signing up for an account with us or supplying work related to our service, you are therefore agreeing to the terms which are legal and binding. Therefore, please note how each of the terms are defined or used
Kelby K.O. Productions (KKO Productions) is offering a video editing platform which includes video editing, video coloring, implementation of royalty free stock footage and audio, transitions, lower thirds and titles for videos with final editing time of 15, 20 and 30 minutes. Any more would require a custom package.
The website kkopro.com/edits will provide the information on how to use our service.
We or Us
The service and website are owned, ran and managed by Kelby K.O. Productions, LLC in partnership with Press Play Collective.
Through Dropbox, the client is required to provide video footage, other materials and content, and a description of the particular video project (these particulars are referred to collectively as “Content”) to KKO through firstname.lastname@example.org.
Intellectual Property Rights
This refers to all current patent rights, mask work rights, rights of publicity, copyright rights, moral rights, trade dress and service mark rights, trademark, trade secret rights, goodwill and other intellectual property, as well as those that are to exist in the future, and all applications of the said rights and registrations, extensions and renewals thereof, under the laws of territory, country and state, or other jurisdiction.
BRIEF ABOUT US
We render video editing services for the purpose of creating a video project. Clients send us their media files and in turn, the KKO/Press Play editor edits the project into a video.
Usage of access of the Service by any persons under the age of 13 is strictly prohibited, and doing so will be in violation of this agreement. Also, any individuals or groups which have been removed from the Service in the past by Kelby K.O. Productions will not be allowed to employ the service.
Kelby K.O. Productions reserves the right to modify and adjust these terms every so often. Otherwise explicitly mentioned elsewhere, all modified terms shall automatically take effect once they are made public.
A client who opts to sign up, register or otherwise using the service recognizes that he/she has read, comprehends and willfully agrees to be duty-bound by these terms. If you do not wish to accept them, you will be unable to access, look through or utilize the service.
These Terms of Service may not be altered except in writing hand-signed by Kelby K.O. Productions and the Client. For our purposes, “in writing” does not include email messages and “hand-signed” does not include electronic signatures.
A. All-inclusive Agreement/Sever-ability
This agreement, along with any modifications and any further contracts you may enter into with us in relation to the Service, shall establish the complete and total agreement between you and Kelby K.O. Productions.
If any facility of this contract is considered void by a court of competent jurisdiction, the baselessness of such provision will not affect the legitimacy of the other provisions of this Agreement.
B. Agreement Modifications
Whether due to business-related reasons, marketing or law, we may send notifications via email, or through post (written and hard copy), or through posting on KKO Production's website.
We determine the platform and method by which we notify our users, as long as you do not opt out of certain notification platforms or means as noted in this agreement.
We are not responsible for automatic filtering which you or your provider may have applied to the email address you have registered with us.
While Kelby K.O. Productions may assign without restriction under this agreement, you may not transfer or assign any rights and licenses granted hereunder. Any and all attempts at transferring or assigning will be considered as violations, and will therefore be considered null and void.
D. No Relinquishment
Our failure to affirm any right or provision under this agreement shall not create a relinquishment of such provision or right.
Your account will enable you to have access to the Service, including all its functionality which we may create and maintain every so often.
A Client has full access and control over his profile and over his interactions with the Service.
Should you open an account with us on behalf of the Service, another individual or organization, then (a) “you” is means both you and whoever you represent, and (b) you acknowledge that you are authorized by the entity to act on its behalf, can agree on the Terms on behalf of the entity, and you are therefore authorized to bind the entity to this agreement.
Connecting KKO Productions with another a third-party enables us to access and utilize your own information and details from the service as it permits, and to store your login credentials for the said service.
Also, giving KKO Productions your email address automatically means consent with the usage of your email address to send you service-related notices. Should you wish to opt out of these communications, please contact our support at email@example.com.
You should provide accurate, as well as complete, information when creating your account. We highly encourage you to use account passwords which are considered as “strong”, i.e., passwords which consist of upper and lower case letters, symbols and numbers.
You are not permitted to use another user’s account without their permission.
Should you experience any breach of security or unauthorized usage of your account, inform us at as soon as possible.
Kelby KO Productions is not liable for any losses incurred or experienced should your account be used without your authorization.
THE RULES OF OUR SERVICE
You consent to not engaging in the following outlawed undertakings when using the service: (i) the utilization of any kind of automated system, which includes and is not limited to the use of “spiders”, “offline readers”, “bots”, etc. to access the service; (ii) copying, circulating or divulging any aspect of the service through any platforms; (iii)trying to interfere with, decipher and manipulate any transmissions, or attempting to compromise the system security or integrity the servers which run the service; (iv) the transmission of chain letters, unsolicited emails, and spam; (v) actions taken which inflict or potentially impose an unreasonable or excessively huge load on our infrastructure; (vi) the collection of any confidential and personal information of other users, including account names and passwords, from the Service; (vii) uploading data which is invalid, or which may contain worms, viruses and others; (viii)the impersonation of another individual, or misrepresenting your association with another entity or person, fraud; (ix) commissioning the service for commercial solicitation; (x) accessing contents in the service through any technological means other than those permitted and given by the service; or (xi) circumventing the measures we employ to inhibit or control access to the service.
We may opt to either permanently or temporarily end or defer your access to the service without prior notice and/or liability for any reason, which includes our sole discretion or determination that you have violated any terms in this agreement, or for no other reason. Upon the end of deferment of your access, you continue to be constrained by this agreement.
We reserve the right to change the service without prior notice; halt the delivery of the service or its features to you or to users in general; or establish limitations to the service.
TERMS CONCERNING CLIENTS
Through the service, a client will provide content to a KKO/Press Play editor by way of Dropbox.
Regarding Content, you assert, represent and certify it and our use thereof as intended in this agreement. The service does not intend to violate any laws or third-party rights.
As a client, you agree not to post content that: (i)could potentially cause damage or loss to any individual or property; (ii) could possibly create loss, harm, emotional distress, physical or mental injury, disability, disfigurement, physical or mental illness or death to yourself, to another or to any animal; (iii)comprises any content or information that we believe to be harmful, unlawful, defamatory, abusive, racially or ethnically abusive, infringing, invasive of publicity rights or personal privacy, libelous, harassing, profane, threatening, humiliating to other people publicly or otherwise, or otherwise offensive; (iv) pursues to injure in any way or exploit children by subjecting them to content that is inappropriate; (v) consists of any content or information that is criminal (inclusive of, with no limitations, the disclosure and distribution of insider information of another party’s trade secrets under securities laws); (vi) could possibly represent or further tort or a crime; (vii) has content or information that you know and believe to be incorrect or outdated. (viii)comprises of any content or information that you are not permitted to give under any fiduciary or contractual relationships or law;
You agree to post content that do not infringe on third-party rights of any kind, including and not limited to rights to privacy and Intellectual Property Rights.
Make known that you are the owner of a piece of musical composition’s copyright rights, inclusive of and not limited to the mechanical, sound recording rights, and performance, with respect to all aspects of the musical work (including lyrics) and sound recording included in the said content.
We reserve the right, although we are not obliged, to solely determine whether or not to reject and/or delete any Content that we believe infringes on these stipulations.
As a client, you alone are accountable for the content you post (whether or not they belong to you), and you are liable for the penalties and costs of uploading and/or publishing the materials to Dropbox or Google Drive in certain cases.
A client must either approve or decline a current project when the final result is presented. The client is in charge of viewing, reviewing, commenting and approving the video project worked on by the Editor. Should the Client not communicate with Kelby K.O. Productions for more than 10 (ten days),we may opt to terminate the project. The media files a client wants to get edited must be uploaded as a complete package. Kelby K.O. Productions will confirm the number of files uploaded. Once the client confirms the uploaded files the project will start. If more files will be uploaded later in the project, then extra charges will apply. The condition of 48 hours will begin when the client receives a confirmation email from KKO Productions.
A client is permitted to request 5 revisions which are included in the package price. Unlimited clientele receive 10 revisions per video. Further revisions will be charged.
If a client is dissatisfied with any result during the editing process, requests for changes should be articulated within (5) calendar days after the delivery of the last version of the result.
If a client is not completely satisfied with the production and result after (30) thirty calendar days after beginning of the project Kelby KO Productions may opt to terminate the project.
Fees and Billing
Before footage or data is submitted on Dropbox, the client is obligated in paying the full subscription total amount. All charges you incur through the utilization of your debit or credit card, or other payment methods are reflective of the prices in effect during the time said charged were incurred. Should there be a dispute or misunderstanding, a refund is an appropriate method to solving the issue.
With No Warranties; “As Is” Service
Devoid of restricting the foregoing, Kelby K.O. Productions, as well as its licensors and subsidiaries do not guarantee that the content given is truthful, complete, correct or updated; that the video editing service provided will meet you standards; that the service will always be available at any specified time or place, continuous or protected; that any flaws or mistakes will be amended.
You alone are responsible for any destruction to your computer system or data loss which result from the usage of the service or from downloads which contain viruses and the like.
Service is rendered on either an “as is” or “as available” basis.
As allowed by the full extent of applicable law, provided service will not have any attached guarantees or warranties, inclusive of but not limited to fitness for a specified purpose, non-infringement or implied warranties of merchantability.
Scope of Liabilities
As allowed by the full extent of applicable law, under no circumstances will we, our agents, employees, affiliates, directors, suppliers or licensors be responsible and liable for any punitive, direct and indirect, special incidental, exemplary or consequential damages, inclusive of but not limited to damages incurred from profit loss, use, goodwill, data or other intangible losses which arise from the utilization of or inability of usage of this service.
In no event shall we be accountable for any damages, injuries or losses which arise from tampering, hacking or other unauthorized access or utilization of the service from your account, or misuse of your personal details contained therein.
As allowed by the full extent of applicable law, we assume no responsibility or liability for any and all (i) damage to property or personal injury which result from the use and access of the service; (ii)flaws, mistakes, inaccuracies or errors in your content; (iii) Trojan horses, viruses or the like which may be transferred to or through KKO Productions by third-party entities; (iv) unsanctioned access to our secured servers as well as all the personal data that are contained in them; (v)cessations and interruptions of transmissions being done through the service; (vi) user content that contains illegal, criminal, defamatory or offensive acts or statements made by third parties, and/or (vii) oversights or mistakes in your content, or losses or damages acquired arising from any content posted, transferred, emailed or in any way made available through the service.
The foregoing limitation will be applicable to full extent allowable by law in the pertinent jurisdiction.
Take note that some states do not permit the omission of implied warranties, incidental or consequential damages, so limitations mentioned above may not be applicable to you.
Any exclusion, limitation of liability or disclaimer noted in this agreement will not relate to the extent forbidden by applicable law.
Laws Governing Our Service
You are aware and consent to the fact that: (i) Kelby K.O. Productions is solely geographically based in North Hollywood, CA; and (ii) the service will be seen as passive, not able to result to specific or general personal authority over Kelby K.O. Productions in jurisdictions other than the United States of America.
This contract shall be ruled by the internal substantive laws of the City of Los Angeles, CA, without deference to its conflict of legaldoctrines.
These Terms and Conditions were last modified on Monday April 20th, 2020.
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