Last Updated: June 24, 2021

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Welcome to Spekulor/produkt.co. At Spekulor/produkt, you can create finished his quality Hollywood style videos & photos for your brand in quickly & creatively. Go through our product setup choices and we will create your custom video with imagination and a keen eye to detail.

We have created, own, and manage online, a website (“Site”) and certain applications (“App” or “Apps”) and related support and hosting services for our proprietary brand content creation service (collectively, the “Service” or “Services”).

Spekulor & Spekulor/produkt co. (“Spekulor/produkt”, “we” or “us”) offers various services to you through our Site (www.Spekulor/produkt.co) and our Apps on the Site and on mobile devices, all of which are conditioned on your agreement to adhere to these Terms of Service without modification of any kind. Your use of the Service and/or your registration with us constitutes your agreement to these Terms of Service. In the event that you are agreeing to this Terms of Service on behalf of a third party entity, you represent and warrant that you have sufficient right to bind such third party to these Terms of Service, in which case, all references to “you” in these Terms of Service shall be references to such third party. 

These Terms of Service are subject to change at any time, without prior notice. Any changes that are made to these Terms of Service will not apply retroactively and will not apply to disputes or events occurring before the change is published. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our Site or Services.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

We respect the privacy and security of our Users. All personal information we obtain about you in connection with your use of the Services is subject to our Privacy Policy located at spekulor.com/privacy-policy, which is incorporated by reference into these Terms of Service. 

You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please do not use our Site or our Service.

By connecting to us with a third-party service (e.g., Facebook or Twitter or LinkedIn), you give us permission to access and use your information from that service as permitted by that third-party service, and to store your login credentials for that third-party service.

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1. REGISTRATION

You may access certain online features of the Services through your account (your “Account”). You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You agree that the information that you provide to us upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete. 

By registering and/or participating in this Service, you agree to be contacted via email, SMS and/or text messaging by us, including push notifications, and by third parties if relevant, regarding our Services, our Site, third party notifications and/or advertisements, and requests to rate our Site and/or Apps.

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2. PRODUCTS; PARTICIPANTS

Some aspects of the Services may require you to provide samples, products, materials, or other goods to Spekulor/produkt (your “Products”). You may not provide any Products to Spekulor/produkt that are illegal, harmful, or hazardous. You shall ensure, and represent and warrant, that all Products you provide: (a) comply with all applicable laws, rules, and regulations, (b) are provided to Spekulor/produkt in accordance with all such laws, rules, and regulations. If you send any Products in violation of the foregoing, Spekulor/produkt may, with or without notice: (i) dispose of such Products, (ii) retain any fees paid by you for Services relating to the Products, and (iii) if applicable, contact appropriate law enforcement authorities. 

You, at all times, shall retain title to your Products. If you request that Spekulor/produkt return Products from the shoot, you agree to pay Spekulor/produkt for all shipping charges, or provide a return shipping label, and you further agree that Spekulor/produkt will have no liability for any delay, damage or loss of such items in transit. 

If you do not request that Spekulor/produkt return Product from your shoot, or you fail to provide payment or a label for return shipping, you agree that Spekulor/produkt may either donate, dispose of, or continue to store (at Spekulor/produkt’s then-current rates) your Products and charge you for any associated costs or expenses.

You will indemnify and hold harmless Spekulor/produkt, and its officers, directors, employees, contractors, and service providers (“Spekulor Parties”) from and against any damage, expense (including reasonable attorney’s fees), penalty, judgement, liability, settlement cost, and any other loss suffered by Spekulor/produkt in connection with Spekulor/produkt’s storage, return, disposal, or donation of Products. 

In no event will Spekulor/produkt be liable to you or any third party for any loss or damage to the Products, howsoever caused, and whether such loss or damage could have been prevented by Spekulor/produkt.

To the maximum extent permitted by law, you, on behalf of your affiliates, officers, directors, owners, employees, successors, heirs, and assigns (the “Releasing Parties”) hereby release the Spekulor/produkt Parties, from and against any and all claims, demands, actions, or proceedings relating to the Products or any loss or damage thereto. The Client Parties will forever refrain and forbear from commencing, instituting or prosecuting any lawsuit, action or other proceeding of any kind whatsoever, by way of action, defense, set-off, cross-complaint or counterclaim, against the Spekulor/produkt Parties arising out of, or in connection with the Products or any loss or damage there to

 

3. PARTICIPANTS

In some cases, you may be permitted to use individuals in your shoot that are not supplied by Spekulor/produkt (“Participants”). You are solely responsible for your Participants. If you are a Participant, you are subject to the Media Release set forth in these Terms of Service. Every other Participant will be required to agree to Spekulor/produkt’s then-current Publicity Consent and Waiver, which shall be provided by Spekulor/produkt.

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4. PAYMENT AND REFUND TERMS

• Pricing and Payment Terms: 

  • If you purchase our Services, you will be required to submit payment information to do so. Current pricing of Services is set forth on our Site and may vary from time to time. Spekulor/produkt may provide you the ability to purchase credits for certain Services in advance (each a “Credit”). Credits can be redeemed only for the specific Service for which they were purchased. Except as prohibited by law, unused Credits expire upon the first to occur of: (a) termination of your rights to access and use the Services, and (b) twelve (12) months after the Credit is issued. Spekulor/produkt may, but has no obligation to, notify you in advance if any issued Credits have expired or are nearing expiration. Except as required by law or as set forth in these Terms of Service, Credits are not refundable or redeemable for cash.

  • Spekulor/produkt may, with or without notice, suspend or restrict your ability to access or use certain Services until you have successfully completed and paid for prior Services.

  • To process payments for our Services, we use a third-party payment processor. You may be required to agree to such third-party payment provider’s terms and conditions before paying for any of our products. 

  • Prices are subject to change without notice. You will provide us with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information (as applicable). If such information is false or fraudulent, we reserve the right to terminate your use of the Services and your access to the Sites in addition to seeking any other legal remedies. We are not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by us. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Sites. 

• Refund Policy: 

  • You will be charged a fee of $500 for cancelling a shoot once product has been received and processed.

  • If you opt to cancel your booking, our booking fee is non-refundable

  • Failure to reschedule your booking 24 hours prior to your shoot will automatically result in your entire booking being charged to your Account.

  • Failure to show up for a booking will automatically result in your entire booking being charged to your Account.

• Taxes: Our prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on our income. 

 

5. OWNERSHIP OF DEVELOPED CONTENT

In connection with the Services, Spekulor/produkt may create certain images, photos, videos, or other material (“Developed Content”). All Developed Content is protected by copyright and other intellectual property laws and regulations. Unless otherwise agreed in a written agreement between you and Spekulor/produkt that specifically references these Terms of Services and indicates a desire to supersede these Terms of Service (in whole or in part) (each a “Separate Agreement”), the terms of this Section 5 apply to all Developed Content.

• Developed Content is licensed and not sold. Spekulor/produkt retains ownership of the Developed Content and all copyrights and other intellectual property rights therein. Subject to your compliance with these Terms of Service, upon your payment of all applicable fees for Developed Content, Spekulor/produkt grants to you a worldwide, non-exclusive, perpetual, irrevocable, fully-paid and royalty-free, sublicenseable, and transferable license to reproduce, distribute, publicly display, publicly perform, prepare derivative works of (including to translate, alter, and modify), and otherwise use the Developed Content.

• When preparing Developed Content, Spekulor/produkt may present to you samples for your review (“Samples”). Samples may, but will not necessarily, contain watermarks or similar markings. You may use Samples solely in order to select the Developed Content that you will license, and for no other purpose. You may not remove or