VIDEOSPARK TERMS AND CONDITIONS
Last updated: January 8, 2023.
This website is operated by MILLARD LLC (“Company”). Throughout the site, the terms “we”, “us”, “our” , “Videospark” and “videospark.io” refer to MILLARD LLC. Videospark (MILLARD LLC) offers this Website (videospark.io), including all information, tools and Service available from this site (videospark.io) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms and Conditions explain the basis under which the Company will provide the Service to You. You should read these Terms and Conditions carefully to make sure that they understand what is agreed.
By visiting our site, subscribing to our services and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and Conditions”, “Terms and Conditions of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, clients, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Service. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current Website shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Minnesota, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Millard LLC, 5387 Wedgewood Dr, Shorewood MN 55331.
Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.
Orders mean a request by You to purchase Goods from Us.
Service means the services that You are purchasing.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website and Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
Website refers to Videospark, accessible from videospark.io
You means the individual accessing, purchasing Service, or using the Website, or the company, or other legal entity on behalf of which such individual is accessing or using the Website or Service, as applicable.
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to refuse orders, tasks or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, immoral, inappropriate or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You may not use our Service for any illegal, unauthorized, immoral or inappropriate purposes. The Service may not be abused nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the Website through which the Service is provided, without express written permission by us.The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website.
Placing Orders for Service
By placing an Order for Service through the Website, You warrant that You are legally capable of entering into binding contracts.You may not use our products or Service for any of our prohibited content, products or Service.
Our prohibited content, products or Service are: Adult content, Recreational drugs and illegal drugs, Gambling, Alcohol, Dangerous products or services, Guns, weapons and violence, Counterfeit goods, Products or services that enable dishonest behavior, Inappropriate content, Medicines, Political content.
You shall cooperate fully with the Company in the performance of the Service. Cooperation shall include, but is not limited to: Responding promptly and properly to any correspondence, request, query or communication from or on behalf of the Company. Promptly providing any information, documentation, instruction, support or other assistance as the Company reasonably requires. Promptly making any space, resources or facilities available as may reasonably be required by the Company; and paying any and all sums due on time.
If You do not comply fully and properly with their responsibilities under this clause, the Company may, without prejudice to their legal rights: Charge You for any costs or expenses thereby reasonably incurred; or suspend the provision of the Service until such time as You comply, so far as reasonably practicable, with their responsibilities under these Terms and Conditions.
We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Service that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We are not obliged to edit, check or guarantee the correctness and quality of any content in any way whatsoever, and the end product shall be made at the entire risk of You. You have full responsibility to check the quality and correctness of any Service, content, or final product.We are not responsible for any Service, content, or products that you publish or use on any medium or platform, it is your responsibility to check the content or products that you publish or use on any medium at any time. It is your responsibility to use any content or products that we provide you in accordance with the laws in your jurisdiction (including but not limited to copyright laws). It is your responsibility to check and ensure that any content or products that you use or publish do not infringe upon or violate any intellectual property rights or copyrights. We shall have no liability whatsoever arising from or relating to your publishing or use of any content, products or services.
If You wish to place an Order for Service available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: Service availability, Errors in the description or prices for Service, Errors in Your Order.
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Returns and Refunds
Company has a strict no returns policy. Any Goods you purchase cannot be refunded or returned.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Service on the Website. The Service available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Service on the Website and in Our advertising on other websites. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Any reliance on the material on this site is at your own risk.
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
All Service purchased are subject to a one-time payment.
Payment can be made through Stripe and its available payment processing options. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
All payments for Service are non-refundable.
The Website and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Website is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Company can, at its absolute discretion, choose to retain or instruct independent contractors to carry out the Service in whole or part.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Website will cease immediately.
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or its Affiliates be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any Affiliate has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, independent contractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
By providing content to Us, you grant to Us, the Company, a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of providing the Service, operating, promoting, and improving the Service.
You agree to and grant us (the Company) the right to publish, share, advertise and display any content, material, tasks, projects or any delivered work from us (the Company) that we develop in connection with the Service provided to you, on any medium including but not limited to, our websites, portfolio, Email marketing, use case documents, educational documents or any other medium, and for any purpose, included but not limited to, marketing, advertising, use cases and PR efforts.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use of the Application may also be subject to other local, state, national, or international laws.
These Terms and Conditions are not intended to and do not confer any rights on any person who is not a Party. Any person who is not a Party does not have the right to enforce any provision of these Terms and Conditions.
If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
Changes to Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
If you have any questions about these Terms and Conditions, You can contact us by phone (612) 208-2817