BIZZIBOX TERMS OF USE

DEFINITIONS

The “Bizzibox Site” is the website(s) located at www.bizzibox.com and/or www.bizzibox.co.uk. The site is owned and operated by Bizzibox Limited, a company registered in the UK (registered number 6744396) with registered office at the Stable Clock House, Tidmarsh Lane, Tidmarsh, Berkshire RG8 8HD. “Website” means a site on the World Wide Web. “You” means you, the business or other entity which has commissioned Bizzibox to produce a short Video to form part of Your video listing in the Bizzibox Businss Directory on the Bizzibox Site and/or to be embedded on Your website(s) for use with or without the My Bizzibox Player. "Your" shall be interpreted accordingly.“Bizzibox” or “We” or “Us” means Bizzibox Limited and “Our” shall be interpreted accordingly. “My Bizzibox Player” means a brandable video widget supplied by Bizzibox through the Bizzibox. Site and includes the relevant My Bizzibox Player material/software that You may download or embed from the Bizzibox Site, including, but not limited to, any files, codes, audio, or images incorporated in or generated by the My Bizzibox Player or the Bizzibox Site. “Video” means a short (maximum 2 minute) video shot, edited and produced by Bizzibox for a business or other entity to advertise or promote that entity’s business, products, service or activity, primarily for inclusion in Your video listing in the Bizzibox Business Directory on the Bizzibox Site and/or to be embedded on Your website(s) for use with or without the My Bizzibox Player.

ACCEPTANCE OF TERMS AND CONDITIONS

By placing an online order with Bizzibox You agree to be bound by these Video Production Terms and Conditions.

SETTING OF SHOOTING DATE AND TIME

Bizzibox will attempt to contact you within three (3) business days of your submission of the online order form requesting production of a Video(s) in order to discuss Your needs and set a suitable shooting date and time. Should Bizzibox be unable to contact you within fourteen (14) days from date of submission of your order, your order will automatically be cancelled.

RELEASES

You agree to sign or procure the signature by the persons authorised to sign such releases, of appropriate location and appearance releases in Bizzibox’s standard format before commencement of Video production.

PREVIEW AND PERMISSIBLE EDITS

Once Your completed Video is ready to preview, Bizzibox will send you a link to the Bizzibox online screening room (the "Screening Room"). Using the Screening Room, you will be able, provided You do so within five (5) days of receiving the Screening Room link, to request one round of edits to Your Video free of charge (a “Permissible Request”). A Permissible Request shall be limited to one or more of the following changes for a single Video: name and/or title changes, re-ordering of existing material in the Video, colour correction, adding or removing or replacing still images and removing sound bites. You may not request changes which include shooting additional footage or including footage that may have been shot but was not originally included in the Video. If You make a Permissible Request, Bizzibox will use commercially reasonable efforts to make such edits as you have requested and will send you the finished Video within ten (10) days of receiving such edit requests. If you do not make a Permissible Request within five (5) days of receiving the Screening Room link, Your Video will be deemed complete and delivered.

INDEMNITY

You agree to indemnify, defend and hold Bizzibox and its affiliates, officers, directors, employees and agents, harmless from and against all third party claims, suits, proceedings, liabilities and costs (including reasonable legal fees) to the extent arising from or based upon (a) your gross negligence or wilful misconduct, (b) a claim that a Video violates the right of privacy or right of publicity of any person, (c) a claim that any mark, copyright, logo or other element of your business or any material or location provided by you to be included in the Video violates the trademark, copyright or other rights of any third party, (d) any failure to obtain the applicable releases, (e) any breach of warranties given by You in these terms and conditions or in any letter of release you have signed, (f) your use of the Video, (g) any edit, change or other alteration made to the Video as delivered by Bizzibox or (h) any claim that a Video contains false or misleading statements or is unlawful in any other way.

PRICE AND PAYMENT TERMS

You agree to pay Bizzibox the amount specified for each video product in the online order form and to make full payment up front using The PayPal payment platform located on the Bizzibox Site. Should you cancel Your order for a video after placing Your order, Bizzibox will refund your payment amount less a £50 cancellation fee (the "Cancellation Fee"). In addition, should Bizzibox be unable to film the content for the Video at the designated date and time set (“the Production Appointment”) due to (a) Your failure to abide by the Production Appointment, (b) rescheduling of an Appointment by You with less than forty-eight (48) hours notice to Bizzibox, (c) failure to allow Bizzibox or its agents access to Your place of business or other shoot location at the designated Production Appointment time or (d) failure to provide signed appropriate location or appearance releases to Bizzibox, your order will be deemed to have been cancelled by You and Bizzibox will refund your payment amount less the Cancellation Fee.

DISCLAIMER

You agree that your use of Videos produced for You by Bizzibox shall be at your own risk. To the fullest extent permitted by the law, Bizzibox, it’s officers, directors, employees and agents, disclaim all warranties, express or implied, in connection with the Videos and your use thereof. Bizzibox does not vouch for or warrant and is not responsible for the accuracy, completeness or usefulness of the Videos.

Bizzibox shall have no liability or responsibility for any damage or losses (whether such losses where foreseen, foreseeable, known or otherwise), including loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect,consequential, special or exemplary damages arising from Your use, embedding or distribution of the Videos or any of them regardless of the form of action.

LIMITATION OF BIZZIBOX LIABILITY

We will endeavour to produce and provide each Video using all reasonable care. Except for Bizzibox’s gross negligence or willful misconduct or as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of such Video.

Each Video is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

INTELLECTUAL PROPERTY

Subject to your compliance with price and payment terms and all the other terms of this Agreement, Bizzibox hereby assigns all rights, title and interest, including all copyrights, in and to each Video, as delivered under this Agreement, to you, except that Bizzibox shall retain underlying ownership of the Raw Footage (as defined below). You hereby grant Bizzibox a limited, revocable, non-exclusive, worldwide perpetual license to host and display the Videos for marketing and promotional purposes. Notwithstanding the foregoing, Bizzibox retains all rights, title and interest, including all copyrights, in and to all tapes, out-takes, "b-roll", interviews, location shots and clips (the "Raw Footage"), not including the footage comprising the finished and delivered Video.

FORCE MAJEURE

Neither party shall be liable or deemed to be in default for any delay or failure to perform in accordance with this agreement (except for any payment obligations) resulting from any cause completely, solely and exclusively beyond the control of that party, but only for so long as such delay or failure to perform is directly due to any acts or events wholly beyond that party’s reasonable control.

GOVERNING LAW AND INVALIDITY

These Video Production Terms and Conditions shall be governed by and construed in accordance with English law and You submit to the non-exclusive jurisdiction of the English courts. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

ENTIRE AGREEMENT

These Video Production Terms and Conditions and the Bizzibox Terms of Use and Privacy Policy as amended from time to time constitute the entire agreement between You and Bizzibox and govern the production by Bizzibox of a Video(s) for You and Your use of the Bizzibox Site.


My Bizzibox Player

DEFINITIONS:

The "Bizzibox Site" is the website(s) located at www.bizzibox.com and/or www.bizzibox.co.uk. The site is owned and operated by Bizzibox Limited, a company registered in the UK (registered number 6744396) with registered office at the Stable Clock House, Tidmarsh Lane, Tidmarsh, Berkshire RG8 8HD. "Website" means a site on the World Wide Web. "You" means you, the business or other entity which has purchased a subscription to the My Bizzibox Player. "Your" shall be interpreted accordingly. "Bizzibox" or "We" or "Us" means Bizzibox Limited and "Our" shall be interpreted accordingly. "Subscription" means a paid subscription which entitles You to a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, embed and use the My Bizzibox Player to stream Your business videos at Bizzibox’s cost for the period of the subscription, subject to continued payment of the monthly or other subscription charges. "My Bizzibox Player" means a brandable video widget supplied by Bizzibox through the Bizzibox Site and includes the relevant My Bizzibox Player material/software that You may download or embed from the Bizzibox Site, including, but not limited to, any files, codes, audio, or images incorporated in or generated by the My Bizzibox Player or the Bizzibox Site.

ACCEPTANCE OF TERMS AND CONDITIONS:

By placing a Subscription order for a My Bizzibox Player package via the online Subscription form on the Bizzibox Site, for such term and at such monthly or other subscription rates as specified on the Bizzibox Site, You agree to be bound by these Terms and Conditions. Each time you use or access the Bizzibox Site you shall also be deemed to have agreed to be bound by the Terms of Use of the Bizzibox Site and the Bizzibox Privacy Policy existing at the time of use.

PERMISSIBLE USE OF MY BIZZIBOX PLAYER:

Subject to taking out a Subscription to a My Bizzibox Player package for a prescribed term and maintaining timeous payment of Bizzibox’s subscription fees, You may download and embed on Your own website(s) Your branded My Bizzibox Player which may also form part of Your listing in the Bizzibox online business directory, and You may stream videos through such player at Bizzibox’s cost subject to the package limits specified by Bizzibox at the time of subscription in respect of MB of video that may be uploaded monthly and in respect of the number of viewer streams per month. Bizzibox will advise You by email when the package limits have been exceeded and will provide You with an opportunity to upgrade to a new Subscription package offering higher monthly upload and streaming limits. If You decline to upgrade within the time period set by Bizzibox, Bizzibox reserves the right to refuse any further video uploads and to bar any further video streaming pending Your agreement to upgrade. If You fail to pay any monthly or other subscription amount when due and payable or if You upload video content or material which, in the sole opinion of Bizzibox, is defamatory, obscene or otherwise unlawful, Bizzibox shall be entitled, without notice, to refuse any further video uploads and to bar any further video streaming through Your my Bizzibox Player and to cancel the My Bizzibox Player.

SUBSCRIPTION PURCHASE AND FEES

You may purchase a suitable Subscription package for a defined term by completing and submitting the My Bizzibox Player online purchase form located on the Bizzibox Site and supplying Your debit or credit card details. Subscription fees are payable monthly in advance and will be debited automatically to your nominated debit or credit card utilising the PayPal payment platform incorporated in the Bizzibox Site. All prices on the Bizzibox Site are quoted exclusive of VAT and are subject to the addition of VAT at prevailing rates.

SUBSCRIPTION RENEWAL:

Prior to the expiry of the term of Your Subscription, Bizzibox will contact You by email to invite You to renew your Subscription by purchasing a suitable Subscription package for a further term at Bizzibox’s then current rates of Subscription by completing the online Subscription purchase form located on the Bizzibox Site.

RESTRICTIONS:

You may not do any of the following with Your My Bizzibox Player: (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from Your My Bizzibox Player or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in or of the My Bizzibox Player; (b) obtain or attempt to obtain unauthorized access to Bizzibox’s network; (c) incorporate Your My Bizzibox Player into any hardware or software device that you are not authorized to use or modify; (d) sell, lease, loan, distribute, transfer, or sublicense Your My Bizzibox Player or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without Bizzibox's prior, express, written permission; (e) use You’re my Bizzibox Player in any defamatory, obscene or otherwise unlawful manner, for any defamatory, obscene or otherwise unlawful purpose, or in any manner inconsistent with these Terms and Conditions; and (f) use You’re My Bizzibox Player for any enterprise or commercial purposes for which the My Bizzibox Player was not designed.

DISCLAIMER:

You agree that your use of the My Bizzibox Player shall be at your own risk. To the fullest extent permitted by the law, Bizzibox, it’s officers, directors, employees and agents, disclaim all warranties, express or implied, in connection with the the My Bizzibox Player and your use thereof. Bizzibox does not vouch for or warrant and is not responsible for the accuracy, completeness or usefulness of the My Bizzibox Player and assumes no liability or responsibility for deficiencies in the My Bizzibox Player or for its availability, support or maintenance. Bizzibox assumes no liability or responsibility for personal injury or property damage, of any nature whatsoever, resulting from your access to and your use of the My Bizzibox Player. Bizzibox shall have no liability or responsibility for any damage or losses (whether such losses where foreseen, foreseeable, known or otherwise), including loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the use of the My Bizzibox Player regardless of the form of action. The My Bizzibox Player is made available on a subscription basis by Bizzibox in the United Kingdom in conjunction with its service providers. Bizzibox makes no representations that the My Bizzibox Player is appropriate or available for use in other locations. Those who access, use or subscribe to the My Bizzibox Player from other jurisdictions do so of their own volition and are responsible for compliance with local laws.

SUBSCRIBERS WARRANTY:

If You upload and stream video content or material through Your my Bizzibox Player, you warrant, by so doing, that the content or material is your own original work and/or that you have the right to publish it via the My Bizzzibox Player and/or to distribute it virally and that the video content or material is not defamatory or obscene and does not infringe any law. You hereby indemnify Bizzibox against all legal fees, damages and other expenses that may be incurred by Bizzibox as a result of your breach of the above warranty and You waive any moral rights in the video content or material for the purposes of uploading, streaming and/or distributing it through the My Bizzibox Player.

LIMITATION OF BIZZIBOX LIABILITY:

We will endeavor to provide the My Bizzibox Player using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the My Bizzibox Player and do not promise that any of the functions or features contained in or forming part of the My Bizzibox Player will operate without interruption or delay or will be error free, free of viruses or bugs or will be compatible with any other software or material or that You will be able to use or access the My Bizzibox Player. The My Bizzibox Player is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

INTELLECTUAL PROPERTY:

All worldwide copyright, trade marks and all other intellectual property rights in the Bizzibox Player shall remain at all times exclusively vested in Bizzibox or its licensors. You are permitted to use the My Bizzibox Player only as expressly authorised in these Terms of Use or otherwise in writing by Us or Our licensors. Except as permitted under these Terms and Conditions You will not, and will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of any part of the My Bizzibox Player. You agree to notify Bizzibox immediately if You become aware of any such distribution or commercial exploitation. By uploading and/or streaming video content or material through a My Bizzibox Player you agree to grant to Bizzibox and its licensors and assigns a perpetual, royalty-free, non-exclusive, sub-licensable worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to such video content or material worldwide and/or to incorporate such content or material wholly or partially in other works in any media now known or later developed for the full term of any rights that may exist in such video content and material, and in accordance with privacy restrictions set out in the Bizzibox Privacy Policy. If you do not want to grant to Bizzibox the rights set out above, please do not upload or stream video content or material through a My Bizzibox Player.

GOVERNING LAW AND INVALIDITY :

These Terms and Conditions shall be governed by and construed in accordance with English law and You submit to the non-exclusive jurisdiction of the English courts. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

ENTIRE AGREEMENT

These Terms and Conditions and the Bizzibox Terms of Use and Privacy Policy as amended from time to time constitute the entire agreement between You and Bizzibox and govern your subscription to and use of the My Bizzibox Player and the Bizzibox Site, superseding any prior agreements.

TERMINATION

We reserve the right to terminate Your use of the My Bizzibox Player immediately without notice if You breach or We have reasonable grounds for believing that You are likely to breach these Terms and Conditions or You otherwise engage in conduct which We determine in Our sole discretion to be unacceptable.

BIZZIBOX VIDEO NEWS SERVICE - TERMS AND CONDITIONS

DEFINITIONS:

The “Bizzibox Site” is the website(s) located at www.bizzibox.com and/or www.bizzibox.co.uk The site is owned and operated by Bizzibox Limited, a company registered in the UK (registered number 6744396) with registered office at the Stable Clock House, Tidmarsh Lane, Tidmarsh, Berkshire RG8 8HD. “Website” means a site on the World Wide Web. “You” means you, the business or other entity which has placed an order for Bizzibox’s Video News Service. "Your" shall be interpreted accordingly. “Bizzibox” or “We” or “Us” means Bizzibox Limited and “Our” shall be interpreted accordingly. “Video News Service” means the service offered by Bizzibox to businesses on a per project basis which wish to launch a new product or communicate an important business story or message; the service includes drafting a press release, producing a Video for incorporation in the press release and distributing the press release digitally. “Video” means a short (maximum 2 minute) video shot, edited and produced by Bizzibox for a business or other entity to advertise or promote that entity’s business, products, service or activity, primarily for inclusion as a video story in a press release(s) and may also be added to Your video listing in the Bizzibox Business Directory on the Bizzibox Site and/or embedded on Your website(s) for use with or without the My Bizzibox Player.

ACCEPTANCE OF TERMS AND CONDITIONS:

By placing an online order with Bizzibox You agree to be bound by these Video Production Terms and Conditions.These terms and conditions will also apply to any order received other than online from the Bizzibox Site.

PRESS RELEASE BRIEF AND SETTING OF SHOOTING DATE AND TIME

Bizzibox will attempt to contact you within three (3) business days of your submission of the online order form or other enquiry requesting the Video News Service in order to receive your brief and discuss Your product launch or business story needs and to set a suitable shooting date and time for the Video. Should Bizzibox be unable to contact you within fourteen (14) days from date of submission of your order, your order will automatically be cancelled.

VIDEO PRODUCTION TERMS AND CONDITIONS

The production of a Video as part of Bizzibox’s Video News Service shall be subject to the Bizzibox Video Production Terms and Conditions included in the Bizzibox websites www.bizzibox.com and/or www.bizzibox.co.uk and those terms and conditions shall be incorporated herein as fully and effectually as if set out in full herein..

PRESS RELEASE PREVIEW AND PERMISSIBLE EDITS

Once Your completed press release is ready to preview, Bizzibox will email You the completed draft press release and You will be able, provided You do so within two (2) days of receiving the email containing the draft press release, to request one round of edits to the draft press release free of charge (a “Permissible Request”). A Permissible Request shall be limited to one or more of the following changes for a single press release: name and/or title changes, deletions and/or additions and re-ordering of existing text. If You make a Permissible Request, Bizzibox will use commercially reasonable efforts to make such edits as you have requested and will send you the final completed press release within two (2) days of receiving such edit requests. If you do not make a Permissible Request within two (2) days of receiving the draft press release , the draft release will be deemed complete, final and approved.

PRESS RELEASE DISTRIBUTION

Distribution of a press release containing an embedded Video as part of the Video News Service shall consist of a single online electronic distribution of the release to video sharing sites selected by Bizzibox, a single online electronic distribution of the release to Yahoo News and a single online electronic distribution of the release to relevant individual journalists and publications selected by Bizzibox.

INDEMNITY

You agree to indemnify, defend and hold Bizzibox and its affiliates, officers, directors, employees and agents, harmless from and against all third party claims, suits, proceedings, liabilities and costs (including reasonable legal fees) to the extent arising from or based upon (a) your gross negligence or wilful misconduct, (b) a claim that a press release violates the right of privacy or right of publicity of any person, (c) a claim that any mark, copyright, logo or other element provided by you for inclusion in the press release violates the trademark, copyright or other rights of any third party, (d) your use of the press release, (e) any subsequent edit, change or other alteration made by You to the final press release as delivered by Bizzibox or (f) any claim that a press release contains false or misleading statements or is unlawful in any other way.

PRICE AND PAYMENT TERMS

You agree to pay Bizzibox the amount specified by Bizzibox for each Video News Service project and to make full payment up front using The PayPal payment platform located on the Bizzibox Site or by remote credit or debit card payment by telephone or by internet bank transfer or, by special arrangement, by cheque. Should you cancel Your order for the Video News service after placing Your order, Bizzibox will refund your payment amount less a £50 cancellation fee (the "Cancellation Fee"). In addition, should Bizzibox be unable to film the content for the Video at the designated date and time set (“the Production Appointment”) due to (a) Your failure to abide by the Production Appointment, (b) rescheduling of an Appointment by You with less than forty-eight (48) hours notice to Bizzibox, (c) failure to allow Bizzibox or its agents access to Your place of business or other shoot location at the designated Production Appointment time or (d) failure to provide signed appropriate location or appearance releases to Bizzibox, your Video News Service order will be deemed to have been cancelled by You and Bizzibox will refund your payment amount less the Cancellation Fee.

DISCLAIMER:

To the fullest extent permitted by the law, Bizzibox, it’s officers, directors, employees and agents, disclaim all warranties, express or implied, in connection with the press release(s) forming part of the Video News Service provided to You and the distribution of the press release forming part thereof by Bizzibox and your use thereof. Bizzibox does not vouch for or warrant and is not responsible for the accuracy, completeness or usefulness of the Video News Service provided to You. Bizzibox shall have no liability or responsibility for any damage or losses (whether such losses where foreseen, foreseeable, known or otherwise), including loss of data, loss of revenue or anticipated profits, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties or any indirect, consequential, special or exemplary damages arising from the Video News Service provided to You by Bizzibox regardless of the form of action.

LIMITATION OF BIZZIBOX LIABILITY:

We will endeavour to provide and produce each Video News Service product/service using all reasonable care. Except for Bizzibox’s gross negligence or willful misconduct or as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of such Video News Service product/service.

Each Video News Service product/service is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

 

INTELLECTUAL PROPERTY

Subject to your compliance with price and payment terms and all the other terms of this Agreement, Bizzibox hereby assigns all rights, title and interest, including all copyrights, in and to each press release, as delivered under this Agreement, to you.

FORCE MAJEURE

Neither party shall be liable or deemed to be in default for any delay or failure to perform in accordance with this agreement (except for any payment obligations) resulting from any cause completely, solely and exclusively beyond the control of that party, but only for so long as such delay or failure to perform is directly due to any acts or events wholly beyond that party’s reasonable control.

GOVERNING LAW AND INVALIDITY :

These Video News Service Terms and Conditions shall be governed by and construed in accordance with English law and You submit to the non-exclusive jurisdiction of the English courts. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Filming Service

BIZZIBOX BUSINESS VIDEO PRODUCTION - TERMS AND CONDITIONS

DEFINITIONS:

The “Bizzibox Site” is the website(s) located at www.bizzibox.com and/or www.bizzibox.co.uk The site is owned and operated by Bizzibox Limited, a company registered in the UK (registered number 6744396) with registered office at the Stable Clock House, Tidmarsh Lane, Tidmarsh, Berkshire RG8 8HD. “Website” means a site on the World Wide Web. “You” means you, the business or other entity which has commissioned Bizzibox to produce a short Video to form part of Your video listing in the Bizzibox Businss Directory on the Bizzibox Site and/or to be embedded on Your website(s) for use with or without the My Bizzibox Player. "Your" shall be interpreted accordingly. “Bizzibox” or “We” or “Us” means Bizzibox Limited and “Our” shall be interpreted accordingly. “My Bizzibox Player” means a brandable video widget supplied by Bizzibox through the Bizzibox Site and includes the relevant My Bizzibox Player material/software that You may download or embed from the Bizzibox Site, including, but not limited to, any files, codes, audio, or images incorporated in or generated by the My Bizzibox Player or the Bizzibox Site. “Video” means a short (maximum 2 minute) video shot, edited and produced by Bizzibox for a business or other entity to advertise or promote that entity’s business, products, service or activity, primarily for inclusion in Your video listing in the Bizzibox Business Directory on the Bizzibox Site and/or to be embedded on Your website(s) for use with or without the My Bizzibox Player.

ACCEPTANCE OF TERMS AND CONDITIONS:

By placing an online order with Bizzibox You agree to be bound by these Video Production Terms and Conditions.

SETTING OF SHOOTING DATE AND TIME

Bizzibox will attempt to contact you within three (3) business days of your submission of the online order form requesting production of a Video(s) in order to discuss Your needs and set a suitable shooting date and time. Should Bizzibox be unable to contact you within fourteen (14) days from date of submission of your order, your order will automatically be cancelled.

RELEASES

You agree to sign or procure the signature by the persons authorised to sign such releases, of appropriate location and appearance releases in Bizzibox’s standard format before commencement of Video production.

PREVIEW AND PERMISSIBLE EDITS

Once Your completed Video is ready to preview, Bizzibox will send you a link to the Bizzibox online screening room (the "Screening Room"). Using the Screening Room, you will be able, provided You do so within five (5) days of receiving the Screening Room link, to request one round of edits to Your Video free of charge (a “Permissible Request”). A Permissible Request shall be limited to one or more of the following changes for a single Video: name and/or title changes, re-ordering of existing material in the Video, colour correction, adding or removing or replacing still images and removing sound bites. You may not request changes which include shooting additional footage or including footage that may have been shot but was not originally included in the Video. If You make a Permissible Request, Bizzibox will use commercially reasonable efforts to make such edits as you have requested and will send you the finished Video within ten (10) days of receiving such edit requests. If you do not make a Permissible Request within five (5) days of receiving the Screening Room link, Your Video will be deemed complete and delivered. Bizzibox may, at its discretion, agree to make a further round of edits (over and above a Permissible Request) at an hourly rate to be advised at the time.

INDEMNITY

You agree to indemnify, defend and hold Bizzibox and its affiliates, officers, directors, employees and agents, harmless from and against all third party claims, suits, proceedings, liabilities and costs (including reasonable legal fees) to the extent arising from or based upon (a) your gross negligence or wilful misconduct, (b) a claim that a Video violates the right of privacy or right of publicity of any person, (c) a claim that any mark, copyright, logo or other element of your business or any material or location provided by you to be included in the Video violates the trademark, copyright or other rights of any third party, (d) any failure to obtain the applicable releases, (e) any breach of warranties given by You in these terms and conditions or in any letter of release you have signed, (f) your use of the Video, (g) any edit, change or other alteration made to the Video as delivered by Bizzibox or (h) any claim that a Video contains false or misleading statements or is unlawful in any other way.

PRICE AND PAYMENT TERMS

You agree to pay Bizzibox the amount specified for each video product in the online order form and to make full payment up front using The PayPal payment platform located on the Bizzibox Site. Should you cancel Your order for a video after placing Your order, Bizzibox will refund your payment amount less a £50 cancellation fee (the "Cancellation Fee"). In addition, should Bizzibox be unable to film the content for the Video at the designated date and time set (“the Production Appointment”) due to (a) Your failure to abide by the Production Appointment, (b) rescheduling of an Appointment by You with less than forty-eight (48) hours notice to Bizzibox, (c) failure to allow Bizzibox or its agents access to Your place of business or other shoot location at the designated Production Appointment time or (d) failure to provide signed appropriate location or appearance releases to Bizzibox, your order will be deemed to have been cancelled by You and Bizzibox will refund your payment amount less the Cancellation Fee.

DISCLAIMER:

You agree that your use of Videos produced for You by Bizzibox shall be at your own risk. To the fullest extent permitted by the law, Bizzibox, it’s officers, directors, employees and agents, disclaim all warranties, express or implied, in connection with the Videos and your use thereof. Bizzibox does not vouch for or warrant and is not responsible for the accuracy, completeness or usefulness of the Videos.

LIMITATION OF BIZZIBOX LIABILITY:

We will endeavour to produce and provide each Video using all reasonable care. Except for Bizzibox’s gross negligence or willful misconduct or as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of such Video.

INTELLECTUAL PROPERTY

Subject to your compliance with price and payment terms and all the other terms of this Agreement, Bizzibox hereby assigns all rights, title and interest, including all copyrights, in and to each Video, as delivered under this Agreement, to you, except that Bizzibox shall retain underlying ownership of the Raw Footage (as defined below). You hereby grant Bizzibox a limited, revocable, non-exclusive, worldwide perpetual license to host and display the Videos for marketing and promotional purposes. Notwithstanding the foregoing, Bizzibox retains all rights, title and interest, including all copyrights, in and to all tapes, out-takes, "b-roll", interviews, location shots and clips (the "Raw Footage"), not including the footage comprising the finished and delivered Video.

FORCE MAJEURE

Neither party shall be liable or deemed to be in default for any delay or failure to perform in accordance with this agreement (except for any payment obligations) resulting from any cause completely, solely and exclusively beyond the control of that party, but only for so long as such delay or failure to perform is directly due to any acts or events wholly beyond that party’s reasonable control.

GOVERNING LAW AND INVALIDITY

These Video Production Terms and Conditions shall be governed by and construed in accordance with English law and You submit to the non-exclusive jurisdiction of the English courts. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

ENTIRE AGREEMENT

These Video Production Terms and Conditions and the Bizzibox Terms of Use and Privacy Policy as amended from time to time constitute the entire agreement between You and Bizzibox and govern the production by Bizzibox of a Video(s) for You and Your use of the Bizzibox Site.