Terms & Conditions

Last updated: 8/8/2023

THIS TERMS OF USE AGREEMENT (the “Agreement”) is between Swift Media Group LLC, a limited liability company organized under the laws of the state of Minnesota (“Swift Media Group LLC”) and the client, personally or on behalf of an entity (“Client”), regarding the access and use of Swift Media Group LLC’s website: https://swiftmediagroup.org/ (the “Website”). If the Client disagrees with any terms herein, they should cease using the Website immediately. Continued use indicates agreement to these terms.

1. Intellectual Property Rights:

The Website is owned by Swift Media Group LLC. All videos, animations, soundtracks, graphics, and other elements (the “Content”), and the associated trademarks and logos (the “Marks”), are owned and protected by Swift Media Group LLC. Any unauthorized use is prohibited.

2. Ownership of Materials:

While Swift Media Group LLC owns Submissions (as defined in Paragraph 6, “Client Feedback”), all video files and original materials created for the Client (“Projects”) belong to the Client. If any legal operation assigns ownership to Swift Media Group LLC, it’s automatically reassigned to the Client.

Client assures that materials provided to Swift Media Group LLC for incorporation into the Projects are owned by the Client and are not infringing on third-party rights. Swift Media Group LLC may showcase the Client’s video work publicly unless otherwise agreed in writing.

3. Third-Party Content:

If a Project uses third-party content requiring a license, Swift Media Group LLC will inform the Client. It’s the Client’s responsibility to obtain necessary licenses for such content.

4. User Representations:

By using the Website, the Client agrees to these terms, confirms they are not a minor in their jurisdiction, promises not to misuse the Website, and ensures they own rights to any provided materials.

5. Prohibited Activities:

Clients must use the Website for its intended purpose and refrain from unauthorized uses, including but not limited to, misuse of Content, illegal activities, harassment, or actions that harm Swift Media Group LLC’s reputation.

6. Client Feedback:

Any feedback from the Client becomes Swift Media Group LLC’s property, with certain exceptions regarding materials as mentioned in Paragraph 2.

7. Management and Oversight:

Swift Media Group LLC retains the right to monitor the Website, restrict access, or take legal actions for violations of these terms.

8. Revisions:

The initial cost includes a set number of revisions. Additional revisions may incur extra charges.

9. Delivery and Acceptance:

Video deliverables will be shared as per the agreed mode (e.g., digital download). Clients have a specified review period to accept or request changes.

10. Backup and Storage:

Swift Media Group LLC will retain a backup of the client’s Projects for a limited time. Clients are advised to keep their copies.

11. Modification:

Swift Media Group LLC reserves the right to change, modify, or remove any content on the Website at its sole discretion. Swift Media Group LLC may also modify or discontinue all or part of the Website without prior notice and shall not be liable to the Client for any such changes.

12. Connection Interruptions:

Swift Media Group LLC does not guarantee uninterrupted access to the Website at all times. Issues beyond Swift Media Group LLC’s control, such as hardware or software failures, may result in interruptions, delays, or errors. Swift Media Group LLC shall not be held liable for any inconveniences arising from such disruptions.

13. Governing Law:

The Terms of Use shall be governed and construed in line with the laws of the State of Maryland, without regard to its conflict of law principles.

14. Litigation:

Legal actions shall be filed in state courts of Washington County, Maryland, or the United States District Court for the District of Maryland. Both parties consent to personal jurisdiction in these courts and waive defenses relating to jurisdiction or venue. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are explicitly excluded.

15. Disclaimer:

The Website and Services are provided “as-is” and “as available”. Swift Media Group LLC disclaims all warranties, express or implied, regarding the Website and its content. This includes, but is not limited to, warranties of accuracy, completeness, merchantability, and fitness for a particular purpose. Swift Media Group LLC shall not be liable for unauthorized server access, data breaches, transmission interruptions, electronic bugs, or third-party interferences.

16. Limitations of Liability and Indemnification:

Swift Media Group LLC, its affiliates, and representatives shall not be liable for any damages, direct or indirect, arising from the Client’s use of the Website. The Client agrees to defend and indemnify Swift Media Group LLC against losses, liabilities, or expenses arising from website use, breaches of these terms, or violations of third-party rights.

17. User Data:

The Client is responsible for any data transmitted or related to activities on the Website. Swift Media Group LLC is not liable for data loss or corruption. The Client waives rights to action against Swift Media Group LLC for such events.

18. Electronic Communications:

The Client consents to electronic communications from Swift Media Group LLC. Agreements, notices, or other legal communications delivered electronically are deemed to satisfy any written communication requirements.

19. Showcasing Video Work:

Swift Media Group LLC reserves the right to showcase the Client’s video work on digital platforms, including the Website and social media, unless otherwise agreed. An NDA between the parties may restrict this right.

20. Miscellaneous:

These Terms constitute the entire agreement between the parties and supersede prior understandings. Failure to enforce any provision does not constitute a waiver. If a provision is deemed unenforceable, the remaining provisions remain in effect.

21. Contact Information:

For queries or complaints regarding the Website, contact Swift Media Group LLC at: hello@swiftmediagroup.org.