1. Welcome to the “WebsiteActorLive.com” website (the “Website”). The terms “we”, “us”, “our”, and “WebsiteActorLive.com” a corporation organized under the laws of the State of Arizona, and its subsidiaries. The term “you”, “yourself”, and “Purchaser” refers to the individual, and all legal entities associated with the individual, who views this Website and/or purchases the services and products offered by the Website. This Website, and all services and products you may purchase from us are conditioned on your acceptance of the terms and conditions set forth below, without modification (the “Agreement”). By making payment you accept these terms and conditions, you will have created a contract which is legally binding and enforceable between us and you in a court of law. Therefore, you should read this Agreement carefully. By accessing the information included in this Website, you agree you will use this Website in accordance with this Agreement. We retain the right, at our sole discretion, to deny access to anyone to this website and the services and products we offer, without reason, including, without limitation, for violation of this Agreement.
If you do not agree with all of the provisions set forth in this Agreement, you should not continue to view this Website, and you should not purchase any service or product from this Website. We recommend that you return to this page on a periodic basis to review the current version of this Agreement. We reserve the right at any time, and without notice, to modify this Agreement, in which case your continued access to this terms and conditions will keep you up to date with the latest version and constitute acceptance of any modified Agreement.
2. The content and information on this Website, as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or re-sell any information, software, products, or services obtained from or through this Website.
3. You acknowledge and agree to the following:
(i) that all of the information you provide to us is true, accurate, current and complete; (ii) that you will not access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (iii) that you will not incorporate any part of this Website into any other website without our prior written consent; (iv) that you will not take any action which could, in our sole opinion, impose an unreasonable load on our bandwidth; (v) you hereby acknowledge and agree that the products and services we provide to you are for business purposes only and that, by their very nature, business endeavors are subject to failure due to events and circumstances beyond our control.
4. You hereby acknowledge and agree that the products and services we provide to you are for business purposes only and that, by their very nature, business endeavors are subject to failure due to events and circumstances beyond our control. Neither we, nor our shareholders, directors, officers, members, principals, partners, agents or employees make any representation or promises about the success that you will experience in connection with the services or products that you purchase from us, nor the suitability of the information, software, products and services contained or offered in this Website for any particular purpose, and all such information, software, products and services are offered without any warranties or promises whatsoever regarding future sales or future benefits, financial or otherwise, to you or your business. All products and services are provided to you “AS IS”. We hereby disclaim all express and implied warranties with regard to the information, software, products and services contained in this Website. We further hereby disclaim all warranties or representations that this Website is free from viruses or other harmful components. You hereby agree to defend, indemnify, and hold us harmless from and against all claims, law suits, damages, loss, cost or expense (including attorneys fees and litigation related expenses) arising out of the products and services we provide to you, whether such claims are brought by you, your customers, partners, associates, team participants, or distributors.
5. You agree that we shall not be liable to you, or your customers, partners, associates, team participants, or distributors, or anyone with whom you may do business, for punitive, incidental, special, or consequential damages arising out of or in any way connected with this Website, or the products or services we provide to you. In the event that we are found to have breached this Agreement, you agree that our damages will not exceed the lesser of: i) $1,000.00, or ii) the amount that you have paid us for services or products not received by you. The limitations set forth in this paragraph constitute a condition precedent to our entering into this Agreement with you and to the sale of services and products to you.
You hereby acknowledge and agree upon purchase that you will receive the .FLV format, and/or other agreed upon format(s) that you may request, to be placed upon your server or delivered to you electronically. We also offer free hosting for your video, but reserve the right to use our custom player which has a small branded logo next to the control functions. An example of this can be seen by viewing the homepage video player.
You may supply us with specific wardrobe and prop selections for your video production. We do charge you, the client, for any wardrobe or prop purchases for your video production that we don't have instock. Please call ahead of time to get an idea of what we have in our wardrobe. Providing a picture of what you would like the actor to wear is helpful and can direct our actor to choosing something very similiar as to what you have in mind. The cost of purchasing extra wardrobe items will be based upon the actual cost of the item and our time and effort to acquire the each item. If you supply wardrobe and/or prop(s) to us and request to have the wardrobe and/or prop(s) returned, you must supply paid return postage.
We also prohibit any and all videos to be placed for viewing on any and all pornographic websites. Violation will result in a non-refundable purchase and immediate removal of said video from the site accompanied with a $1000.00 liquidated damages fee assessed to you.
Technical support is offered through the www.WebsiteActorLive.com support page and, through the provided text document received with each FLV file. Chat support and phone support is also provided free of charge for the intial installation of the video. If additional technical support is required the service charge will be $40.00 US Dollars for each fifteen (15) minutes of tech support. Prepayment of the first fifteen (15) minutes will be required and the additional time will then be invoiced unless otherwise stated by us. Technical support hours are from 9:00am to 6:00pm Mountain Standard Time, Monday thru Friday, excluding United States of America observed holidays.
6. REFUND POLICY & SATISFACTION GUARANTEE: You will be emailed the final copy of the video you ordered or we can install the video onto your website one time at no extra cost to you. Once the video has been installed or delivered to you, no further edits can be made to the video without additional fees imposed. The video can be delivered only through email or through a file sharing program. Our satisfaction guarantee that is offered by Website Actor Live is limited to the accuracy of the script. We guarantee that the actor you have chosen read the script accurately. "Accurately" is defined as the correct word for word depiction of the words provided in the script. We don't guarantee that the inflection will perfectly match your interpretation of how you as the client believe the inflection should be spoken. We will do our best to match up the dress attire to what you have requested. Our dress attire is limited to what we have in wardrobe. We ask you to provide us with what you want as the "style" or "look" of the dress attire and we will do our best to match what you have requested. We don't guarantee the exact: shirt, pants, shorts, garment, or other articles of clothing will exactly match what you have requested. We are limited to what we have in wardrobe. All video notes and scripts must be either sent through our order form on our websiteactorlive.com website or sent and received through email to either David or Erik at Website Actor Live. We consider what we have received through email by the client or through our order form at websiteactorlive.com as the final version of the scripts and video notes. We use the final version of the scripts and video notes to produce the video. All video notes and scripts must be provided to Website Actor Live either through email or through websiteactorlive.com contact form at least 24 hours in advanced to the scheduled video production. All notes must be sent through email so that we can have a clear record of what has been requested. Any special notes given over the phone by the client must be written down and sent through as an email attachment or in the body text of the email with clear information identifying who the email is from so that Website Actor Live can appropriately record the notes and scripts for use during the video production. Our standard turnaround time for a video is around 6-10 business days; however, if in the very rare case we are unable to complete a production for unforeseen reasons, we will issue the client a refund. Refunds will be issued and processed within 14 business days after the refund has been approved. All refunds are subject to the approval of Website Actor Live management.
7. Scope of Use: You may not use the video that we "Website Actor Live" produce for you in any of the following ways without prior written permission. You may not use the video: in a broadcast television program, a broadcast televesion commercial, a radio add, on a website deemed to have adult content, streamed and served through a different player other than what Website Actor Live has provided. You may not resell, duplicate or reproduce the video for commercial use without prior written consent from Website Actor Live, doing so will be in violation of these terms and conditions.
In a period of 14 days from the date of completion and delivery of the video product, the original edited footage will be deleted. Replacement of the video product due to loss by you will be considered as a new purchase and full price must be received.
8. A video will only be reshot at our expense if the script is misread based on the definition of accuracy outlined in the refund clause 6 in this agreement.
It is the responsibility of the Purchaser to have all content of scripts, images, and video to be used in the constructed video and/or website to be approved prior to completion. WebsiteActorLive.com is not responsible for any copy right issues that may result.
WebsiteActorLive.com reserves the right to refuse any content deemed inappropriate or unacceptable.
9 . Before purchasing a video spokesperson with a transparent background, please check with your web hosting company to make sure that you can use relative paths. Effective september 1st, 2015 Google chrome stopped auto-playing flash videos from external sources. This doesn't affect a lot of you who have fulll access through your webhost to use relative paths, but it's a good idea to check with your web hosting company.
10. Installation of Videos: We will install your video on one web page per video absolutely free of charge. Additional installations will be subject to a $25 per new web page charge.
11. This Agreement may not be modified except by us as provided in this Agreement. This Agreement shall be binding on, and shall inure to the benefit of you and us. You agree that Arizona law will apply to all disputes arising in connection with this Agreement, this Website, and/or any product or service we provide to you. You hereby consent to the exclusive jurisdiction of the Court of Maricopa County, Arizona or the Municipal Court of, Tempe, as we may elect, for the adjudication of all disputes arising in connection with this Agreement, this Website, and/or any product or service we provide to you.
12. IMPORTANT - If you want to host the video, then please make sure that your hosting company allows you host the video files on the same domain location as your domain. Most site builders like Weebly or Shopify don't allow you to do this; however, we offer a powerful software for hosting the video spokespeople that uses Amazon cloud servers and also offers analytics which you can use if you sign up for a membership. If you want to check it out first, no problem, we offer a 14 day no credit card required free trial, just Click Here!
13. Legal agreement and arbitration: You hereby agree to these terms and conditions and agree to respect the spirit of this agreement. If this agreement is broken by the client, the client will be held responsible for arbitration cost and arbitration will take place in Arizona.