Terms and Conditions

TERMS OF SERVICE

1. AGREEMENT
   • These Terms of Service combined with our Privacy Policy constitutes an agreement (“Terms,” or the “Agreement”) between The Magic, UAB (a small partnership organized and existing under the laws of the Republic of Lithuania, corporate ID number 302693428, with its registered office at Svitrigailos 11B, LT-03228 Vilnius, Lithuania) (“store”, “we”, or “us”) and You (an individual or a representative of a legal entity, whose data is indicated in registration form) (“Client” or “you”).
   • The Agreement will govern the Client use of contentstore.lt service (the “Service”), which primarily produces product video and photography, and related content which may include photographs, graphics, video, audio recordings, script writing and artwork (collectively referred to as “Content”). Any products or other items that you send us, whether it’s the primary subject, supporting prop, or anything else, we refer to as “Product” in these Terms. Our Website, which can be accessed at contentstore.lt is referred to as the “Website”.
   • The Agreement is deemed to have been made when you read and accept the Terms. By accepting Terms, you enter into a binding Agreement with contentstore.lt and become a Client.
   • To use contentstore.lt Service, you must:
     • Be at least 18 years of age and be able to enter into legal contracts or if you are a representative of a legal person you must be a lawful representative of the Client in accordance with applicable laws and the Client’s documentation;
     • Submit a completed “Order Form”;
     • Agree to these Terms;
     • Fill in the questionnaire and send the Product;
     • Provide complete, true, and current contact information.
   • You may contact contentstore.lt at:

E-mail: support@contentstore.lt

2. SERVICE
   • The Client at contentstore.lt can choose and order one of the offered Services (e. g., unboxing video).
   • After purchase, the Client has 60 (sixty) days to ship the Product and fill out the questionnaire for the project. It is not our responsibility to remind the Client to complete the questionnaire and/or ship the Product. The questionnaire must be fully filled out, so that our creative team will have a complete understanding of your project. It is the Client’s responsibility to email to: support@contentstore.lt to inquire about project details when the questionnaire is completed and the Product is shipped.
   • Please, be informed that in case contentstore.lt does not receive the Product after 60 (sixty) calendar days since the purchase, nor the Service will be provided to you, neither the money returned. For more information on the shipment’s requirements please see section 3 below.
   • After receiving the Product and filled questionnaire, contentstore.lt will prepare and coordinate a script with the Client.
   • Content production process starts after the payment and Product are received and the script is approved by the Client, and normally shall not exceed 15 (fifteen) business days. In exceptional cases the Client will be informed by the store about the necessity to postpone the deadline for content production.
3. PRODUCT
   • You are responsible for the costs of shipping your Product to and from contentstore.lt, plus any necessary insurance or taxes. Choose a shipping provider with reliable tracking information and signature confirmation. If a shipment is lost, delayed, or damaged, while in transit to our premises, we are not responsible for such loss, damage or delays.
   • Prohibited items. Do not deliver to contentstore.lt any parcel that contains, any narcotic, illegal drug, or controlled substance, or any dangerous weapon, firearm, explosive, dangerous chemical, obscene or pornographic materials or any Product that is unlawful to possess in the territory of the Republic of Lithuania.
   • Shipping of Product. When shipping Product to contentstore.lt premises, please follow these guidelines:
     • Packages should be carefully packed to ensure protection of the Product during transit;
     • All packages should include your name, company name (if applicable), address, email address, and phone number;
     • You must include at least 3 (three) pieces of the Product (product we must film) as we need these pieces to be able to unpack and have a look at it while working on the script as well as for additional safety reasons, if any damage occurs during the delivery or filming process;
     • Provide us with clear screenshot of the shipment documents and Product before sending it out;
     • Provide us with the tracking number; please use a reliable international shipping service provider.
   • Address for Product Delivery:

The Magic, UAB
Svitrigailos 11B
LT-03228 Vilnius
Lithuania
E-mail: support@contentstore.lt
Phone: +370 659 29336

Please note Content.Store can accept the delivery from 9 a.m. to 6 p.m. on business days.

• Return shipping. If you specify return shipping in questionnaire, we will return your Product to you after completion of the Service. You must order return shipping yourself and we will handle your Product to the shipping service provider; we might ask you to pay extra fees for packaging of the Product. The Client must cover all shipping cost for both: Product delivery to contentstore.lt and back to the Client if return of the Product is required. We will store your Product for up to 30 (thirty) days after completion of your project. After 30 days we will discard your Product.
• Limitation of liability for damage or loss of Product. If your Product becomes damaged or lost while in our possession, or during shipment, contentstore.lt will not be responsible for any of such losses, unless otherwise is provided by applicable laws, first of all, but not limited:
  • The Client is responsible so that the parcel reaches Content.store safely and on time;
  • store will not be held responsible for any incurred additional import charges such as taxes, duties, etc.;
  • store shall not be responsible if any loss, damage or delay occurs during the transportation process both to us and back to you.

For valuable Product you should purchase your own insurance covering loss or damage to the Product while in our possession and during transit to and from our premises.

• Occasionally, the value of some Product may be less than the cost of return shipping. If you do not want the Product returned to you at the completion of your project, please let us know in the questionnaire, and we will discard the Product. We might ask you to pay extra recycling fees (if applicable to Product) for discarding the Product.

4. PRODUCTION AND CREATIVE PROCESS
   • Alterations and accuracy. As part of our creative process, you agree we may make any alterations to the Content that we feel are appropriate. This includes, but is not limited to: color adjustments, brightness adjustments, dust removal, scratch removal, distortion removal, correction of defects, correction of manufacturing inconsistencies or errors, compositing of multiple images, adding graphics, and other alterations as necessary. The Content is our artistic interpretation of the Product we film or photograph for you. We do not guarantee that the Content will be a flawless or perfectly accurate representation of your Product. It’s your responsibility to ensure the Content is appropriate for the final intended use and that it doesn’t misrepresent the Product. We will not be responsible for any claims by you or any third party that the Content is an inaccurate representation of the Product.
   • Force Majeure.Our team will perform their tasks to the best of their ability, but we accept no responsibility for force majeure or other unforeseen circumstances, including, but not limited to equipment failure, power outages, inability to attend and perform services due to illness, and/or any other situation beyond our control, first of all but not limited, governmental restrictions on our activities. In the event that unforeseen circumstances occur, our team will use best efforts to provide similar services.
   • We will complete your project as it is described in the completed questionnaire and script. Our best understanding of any direction, instructions, or ideas you send to us, or we discuss with you, will be described in the questionnaire. It is very important that you carefully read the script to ensure it accurately describe the work you’d like us to perform for you before approving it. In the case where any written or verbal communication is inconsistent with the order form as written in the questionnaire, the approved script shall govern.
   • Review period. Immediately after the project is complete you will receive an email containing a link to view and download the Content. We allow up to 5 (five) days for you to provide us with feedback regarding the delivered Content. After 5 (five) days, if we have not heard from you, your order will be closed and your Product will be shipped back or discarded, as you have requested in the questionnaire.
   • Reshoots and edits. During the review period you may contact us to request changes to the Content such as reshoots, edits, or additional photos. Upon request, we will reshoot or edit photos free of charge under the following circumstances:
     • Work not completed as specified in the questionnaire or approved script. If we make an error and deliver work that is not correct as specified in the questionnaire or script, we will reshoot or edit the work, as needed, to correct the error;
     • In order to maintain and preserve the quality of our Service, we offer revisions to your Content as specified in description of your order (in the Service menu on the Website) – any additional revisions will be an additional cost. Please include as much information as possible in each video revision request to keep your revisions to a minimum due to the lengthy process of revisions. Understand that every additional round of revisions will be extending the deadline of your project. Revisions include, but are not limited to: Minor Caption Modifications (Grammar, Font Choice, Style/Color, Sizing, Positioning, Removing, Adding, Stylization); Sequencing & Composition (Re-arrangement of Footage and Basic Framing); Effect Modifications (Remove or Replace Basic Effects or Transitions); Color Correction, Sound Effects & Music Changes.
   • Some change requests made during the review period may require an additional charge. Examples include:
     • Additional Content. If you request additional Content that was not previously included in order or questionnaire, we will inform you of the cost and request payment prior to completion of the work;
     • If we’ve filmed/photographed the Content as they are described in the questionnaire but you’d like to see them changed, such as different lighting, camera angle, arrangement, or anything else that requires them to be re-shot, then we will quote an additional charge to cover the cost of reshooting them.

5. Delivery
   • After production is complete, the Content will be delivered through our hosting service. We will email you a link so you can view and download all work that we’ve completed for you. We contract with a third party vendor who manages the website and software that runs our hosting service. While we make every effort to ensure availability, stability and security of this service, we cannot guarantee 100% uptime or that it will be secure against all attacks. You agree that we are not responsible for loss associated with the availability, security, or confidentiality of the Content delivered through our hosting service. We recommend that you make backup copies of all Content for your records in the event of data loss. We are not obligated to store or archive the Content for you and if we do this as part of our hosting service, such storage should be considered as a convenience only.
   • A review copy of the Content will be ready within 15 (fifteen) business days (minimum) from the shoot date, provided the Client has supplied us with all necessary Products within a reasonable amount of time from our request. These include, but are not limited to brand logos, photos, visual assets, etc. Client understands that any delay on Client’s part to deliver needed materials for the Content production, or to schedule time to record interview sessions, may affect the final delivery date.
   • Any specific Client requests may delay delivery of the Content. These include, but are not limited to specific actor demographics, specific actor requests, script approval before production, specific scene requests, locations, etc.
   • Within 3 (three) months from the date of completion and delivery of the Content, the Client can request editing of the Content for extra charges. After 3 (three) months from the date of completion and delivery of the Content, the Client can request editing of the Content, but it will be charged as a new Content creation, following pricing indicated in contentstore.lt.
   • Raw footage and images of the Content are stored for 12 (twelve) months from the date of delivery of the finished Content to the Client and is deleted after this period. The Client can purchase raw footage and images of the Content for extra fee.
6. INTELLECTUAL PROPERTY
   • License and permitted use of Content
     • You may use Content we deliver to you in connection with your order, only after full payment has been submitted, for any permitted use that does not violate this Agreement. The rights granted herein are subject to the prohibited uses in Section 6.2. We hereby grant to you the following rights:
       • Perpetual use. There is no expiration date on your rights to use the Content, meaning you can use the Content forever with no end date;
       • Exclusive use. You have the exclusive right to use the Content. This means we will not license the Content to other parties. However, we retain the right to use the Content for our own promotional publication and internal use;
       • Worldwide use. There are no geographical restrictions on your use of the Content. You may use the Content worldwide;
       • Unlimited use. Except as provided in section 6.3 (b) below, you may use and display the Content an unlimited number of times;
       • Derivative works. You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content contained within derivative works you create remain our copyrighted material and the terms and restrictions within this license also applies to those derivative works;
       • Permitted uses include but are not limited to:websites, online stores, online advertisements, email newsletters, video, film, television, printed advertisements, printed catalogues, product packaging, billboards, computer software, and mobile applications.
     • Prohibited uses:
       • Unlawful use. You may not use the Content in any illegal manner. You may not use the Content in any defamatory manner or use the Content to harass any person. Content may not be used for pornographic purposes. You may not use the Content in any way that violates the trademark, copyright, or other intellectual property of any other party;
       • May not be used in a logo or trademark. Content may not be used as a part of, or incorporated into, any logo or trademark.
     • Copyright ownership & transfer
       • Copyright ownership. All Content remains the copyrighted intellectual property of contentstore.lt. No transfer of copyright or ownership in any of the Content is granted unless explicitly agreed to in writing by us. contentstore.lt reserves the right to retain ownership of any recorded material of an anomalous nature once discovered in post production. The copyright of such recordings will belong to contentstore.lt. contentstore.lt has the right to use edited or unedited video files produced pursuant to these Terms and Conditions for promotional or commercial purposes, unless an alternative arrangement is made between contentstore.lt and the Client;
       • Transfer, and sub-licensing. You may not transfer or sub-license the Content to any other party, with the following exceptions:
         • Your subcontractors may use the Content for the purpose of achieving your final intended use. Examples include but are not limited to: Your website designer using the Content to publish to your website. Your printing company using the Content to print a catalog. Your marketing company to create and broadcast an advertisement. Your subcontractors may not use the Content for any purpose other than facilitating your intended end-use;
         • Your employer or client.If you are ordering our services on behalf of your employer or your client then you may permit that entity to use the Content. If you permit your employer or client to use the Content, you certify that you have received authorization that they be bound to this entire Agreement. If such authorization has not been granted to you then they may not use the Content;
         • No claim of authorship. You may not claim you are the author of the Content. In any case where the author of the Content is specified it must be attributed as “Copyright The Magic, UAB.”
       • Intellectual property of third parties
         • Intellectual property visible on Product. In some cases, Product you direct us to film, photograph, or props used in conjunction with that Product, may contain trademarks, logos, artwork, or copyrighted designs that become visible in the finished Content we produce for you at your direction. By directing us to photograph Product containing visible intellectual property, you certify that you either own, or have received explicit permission from the owner, to use any and all trademarks, logos, artwork, or copyrighted designs, visible on all of the Product you have directed us to film or photograph. By using the Product, you certify that the Product and your use of the Product, does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content.
         • Stock photography and artwork. If stock photography or other artworks owned by third parties are incorporated into the Content we produce for you, we certify that this content has been paid for and/or licensed by us for use in the Content in accordance with the terms of service of the respective supplier. When printing Content containing aforementioned stock photography and artwork, the maximum number of printed copies that may be produced shall not exceed 500,000 print copies. This restriction does not apply to electronic display, such as on a website.
         • Audio content. By directing us to use any specific audio or music records, you certify that you either own, or have received explicit permission from the owner, to use any and all of these records. You understand that it is your sole responsibility to obtain necessary permission to use these records within the Content.
         • All produced Content remains the copyrighted intellectual property of contentstore.lt. Client agrees that contentstore.lt may use Content created with intellectual property of third parties for its own promotional purposes. Client must have the permission of third parties that contentstore.lt may use their intellectual property. If the Client is unable to obtain such permission, Client must notify contentstore.lt. Client shall indemnify contentstore.lt for all damages and losses that may result from Client’s failure to notify contentstore.lt of the inability to use intellectual property of third parties for its own promotional purposes.

7. ACTORS

We certify that we have obtained appropriate releases from any actors depicted in the Content and the Content will not infringe on any moral right, privacy right, or right of publicity of any actor depicted within the Content so long as the Content is used in accordance with sections 5 and 6 of this Agreement.

8. DISCLAIMERS
   • store is not responsible for any copyright issues that may result. We reserve the right to refuse any content deemed inappropriate or unacceptable.
   • store is not a performance marketing agency. contentstore.lt is not responsible for the performance of any Content once produced.
   • Pets and baby actors may be unpredictable and cooperation is not guaranteed. If a pet or a baby actor is uncooperative and additional production time is expended, the Client may be subject to additional fees and/or video and photo delivery will be delayed.
   • store is not liable for loss or any consequence of loss of products or information during shipment.
9. No warranties
   • The Content is provided, to the maximum extent permissible by law, “as-is” with no warranties of any kind, either express or implied, including, but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant or represent that the Content will meet your requirements or that the Content will be free of errors.
10. Invoicing and payment
    • Payment terms. contentstore.lt operates as a business and we expect Clients to understand and respect our policies. Our goal as a video and photo production company is to bring the highest value to our Clients, and in order to help us in that pursuit, we need to cover expenses and fuel our operations. Therefore, we require payments to be made upfront and on time in respect to the Services offered to Client. Video production, photography, graphic design and editing require extensive resources, consumes our time and incurs internal expenses. Therefore once a payment or deposit is made, it is non-refundable.If a project gets cancelled, delayed or postponed by the Client, then all monies paid will be retained by contentstore.lt and if applicable, an additional cost will be charged to the Client for all work completed beyond what was already paid for. No exceptions.
    • Non-payment. If payment for our services is not rendered, we may take legal action to collect payments due. We may also exercise our rights as copyright owners to issue takedown notices requesting the removal from website(s), any Content we’ve delivered to you which has gone unpaid. We may also seek injunctive relief to prevent unpaid Content from being published, reproduced, or displayed. Additionally, we may pursue legal action for actual, statutory, and punitive damages for copyright infringement if you publish or use our Content without remitting payment.
11. REFUND AND CANCELATION

By hiring contentstore.lt for services you are bound by this Agreement and you agree to abide by our policies, including this refund and cancellation policy.

• Client has up to 60 (sixty) days to fulfill their order by sending Product to contentstore.lt. After the 60 (sixty) days period is up, the original price of their purchase may be credited to their account for purchase of another package and may be subject to pay the difference due to price increase. However, if the Client does not perform other order within 6 (six) months, the Client’s credit is annulled a and the payment will not be refunded to the Client.
• The Client’s payments covers/pays for labor and presentation media in the production of the agreed video, picture and/or editing services. Every effort is taken by Content.store to provide the Client with agreed product, and dissatisfaction of its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the Client as grounds for refunds or compensation, for which the creative team is not liable.

12. PRICING

Our current pricing is published on the pricing page of our Website. We may make changes to the prices we charge for our services at any time by publishing the new rates to our Website. We may offer other services that aren’t listed on our pricing page and, if applicable, those rates will be disclosed prior to work being performed.

13. TAXES

You agree to be responsible for and pay any and all applicable sales, use, or value added taxes, or duties imposed by any jurisdiction as a result of the work performed for you by us or in connection with any license we grant to you.

14. COMMUNICATION

If we need to send you information about your account, your order, billing, your Product, legal notices, or anything else related to the Service we provide, we will send it to the email address you provided at “Order form”. We may also contact you via telephone and postal mail, but are not required to do so. You should ensure any email coming from the domain “contentstore.lt” is added to a “whitelist” to help ensure delivery and that it is not rejected or deleted as junk or spam.

15. WITHDRAWAL OF THE AGREEMENT
    • Content is produced following individual Client’s specifications, thus Client does not have the right to withdraw the Agreement once the Content is presented (delivered).
    • If contentstore.lt cannot fulfill the Service (do not have required resources or cannot fulfill Client’s needs), contentstore.lt can withdraw the Agreement. The Client will be informed in advance and all payments will be refunded.
16. INDEMNIFICATION

You agree to indemnify and hold us and our employees, officers, and owners, harmless from any losses, including all attorney fees that may result from any claims you make that are prohibited under these Terms due to any Limitation of Liability or other provision. You agree to indemnify, defend, and hold us harmless against any losses, including attorney fees, which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms.

 

17. LIMITATION OF LIABILITY

You assume full responsibility for any loss that results from your use of our Service or Content to the maximum extent permitted by law. We and our employees, officers, and owners, are not liable for any indirect, special, punitive, or consequential damages under any circumstances, including delays, even if it’s based on negligence or if we’ve been advised of the possibility of such damages.

18. SEVERABILITY

If any of these Terms are found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other Terms shall remain in full force and effect. If we choose not to act on a breach of these Terms for whatever reason, it does not constitute a waiver of our rights with respect to such a breach or any subsequent breaches of these Terms.

19. GOVERNING LAW

The Agreement will be governed by and construed in accordance with as well as to the disputes shall be applicable Lithuanian law. Any disputes, disagreements or claims arising out of or relating to the Agreement, or regarding the breach, termination or validity thereof will be settled Vilnius Court of Commercial Arbitration in accordance with its Rules of Arbitration. All procedural documents shall be served via parties‘ e-mails. The number of arbitrators shall be one. The place of arbitration shall be Vilnius. The language of arbitration shall be English.

20. ENTIRE AGREEMENT

These Terms of Service make up the entire Agreement and supersede all prior agreements, understandings, and representations.