Effective Date: August 11, 2013
This Terms of Services Agreement (the “Terms” or “Agreement”) constitutes a binding agreement between you (“you” or “client”) and Shang 9 Media, LLC (“S9M”, “we”, “us”, and “our”) with respect to your use of S9M’s services (“Services”) and website (“Site”). This Site is provided as a unique centralized network for clients to review, select, and request established S9M video services. Before you continue using this Site, the Services, or any S9M products or services, it is important that you carefully review the Terms.
Acceptance of Terms
By entering the Site or using the Services, you accept these Terms and agree to be bound by them. Acceptance of these Terms creates a binding contract between you and S9M that you will use the Services only in a manner consistent with these Terms. Your use of the Services and Site 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 Services or Site. Specific pages on the Site may set out additional terms and conditions which, in addition to these Terms, shall be binding upon you with respect to those pages.
S9M has established the S9M Business Policy which states the terms, and policies, which apply when requesting S9M video, production and other services. The S9M Business Policy is located here. The terms and conditions of the S9M Business Policy are incorporated into and considered part of these Terms as if fully set forth herein. It is essential that you review the S9M Business Policy prior to utilizing any S9M Services.
Amendment of Terms; Termination
a. We reserve the right to change these Terms at any time. If we make any material changes to these Terms, we will post the new Terms on the Site and update the effective date set forth above. You are responsible for reviewing the Terms on the Site and noting any changes which have been made to prior versions.
b. This Agreement and the Services provided hereunder shall continue until terminated as provided herein. You agree that S9M may at any time without notice to you: terminate this Agreement; suspend or terminate the Services or Site; or terminate your account and delete any content stored in your account; and you agree that S9M may take the foregoing actions for any reason, including if, in S9M’s sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires us to do so, or may do so without cause.
c. Upon termination of this Agreement or termination or suspension of the Service, all rights and licenses granted by S9M to you hereunder shall immediately terminate; however, termination or suspension shall not affect any videographer services which have been agreed to and arranged.
THE SERVICES, THE SITE, AND ALL OTHER RELATED S9M PRODUCTS AND SERVICES ARE PROVIDED BY US “AS IS” 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, S9M DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ITS SERVICES.
Paid Services: Prices/Cancellation
The rate for S9M’s paid services (“Paid Services”) shall be as set forth on the current S9M website and/or on-line order form. All rates are stated in U.S. dollars and are valid until altered by us. In the event that a Paid Service on this Site is mistakenly listed at an incorrect rate, S9M reserves the right to refuse or cancel any orders placed for the Paid Service listed at the incorrect rate. S9M reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, S9M shall issue a credit to your credit card account in the amount of the incorrect rate. Risk of loss and title to any videos that our videographers have shot for you passes to you upon the delivery of such videos to the carrier.