Terms and Conditions (Last Updated December 23, 2021)

This website is owned and operated by Kevin Miller (DBA Elemental Video Company). These Terms set forth the terms and conditions under which you may use our website and services as offered by Elemental Video Company. This website offers visitors a description of the services provided as well as examples and cost summaries. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

Commercial Terms

When buying a service, you agree that: (i) you are responsible for reading the full-service listing, and asking any questions and waiting to receive the answer, before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase that service when you commit to buy a service and you complete the check-out payment process.

The prices we charge for using our services are listed on the website. Where they are not listed, it is your responsibility to inquire about those services. All projects are different and because of this, cost estimates are often created on a per-project basis. We reserve the right to change our prices for services displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

 

Return/Refund Policy

Deposits are not refundable. Cancelation of services should be made known at least 30 days prior to the date of the video shoot or edit. If an error exists that is the fault of Elemental Video Company resulting in loss of the project, all monies including deposit will be refunded to the client minus any travel expenses.

 

Retention of Right to Change Services

Elemental Video Company may, without prior notice, change the services; stop providing the services or any features of the services offered; or create limits for the services. Elemental Video Company may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Ownership of Intellectual Property, Copyrights and Logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Kevin Miller (DBA Elemental Video Company). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

 

Account Suspension

Elemental Video Company may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

Indemnification

You agree to indemnify and hold Kevin Miller (DBA Elemental Video Company) harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Liability

To the maximum extent permitted by applicable law, in no event shall Kevin Miller (DBA Elemental Video Company), be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Right to Modify Terms

Elemental Video Company reserves the right to modify these terms from time to time at our sole discretion. Therefore, you should review this information periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Promotional Content

(Not Yet Applicable. However, please note the policy in case this ever goes into effect.)

You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

 

Preference of Law/Dispute Resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the state of Tennessee, USA, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Nashville, Tennessee. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Contact Information

Should you have any questions or concerns, please contact me at kmiller@elementalvideo.net. Subject line “Terms and Conditions.”