Terms of Service
These Terms of Service (the "Terms") govern your access to and use of markstudios.com, our content, our communications, and any services provided by Mark Studios LLC ("Mark Studios," "we," "us," or "our"). By accessing the site or engaging us for services, you agree to these Terms.
Services
Mark Studios offers a range of creative, strategic, technical, and consulting services, which may include video editing, design, content production, channel management, advisory work, and related offerings. The specific scope, deliverables, milestones, schedule, fees, and other commercial terms for any engagement will be set out in a separate written quote, proposal, statement of work, order form, or similar document (each, an "Order"). In the event of a conflict between these Terms and an Order, the Order will control as to the specific engagement. We reserve the right to add, modify, suspend, or discontinue any portion of the Services at any time and without notice.
Fees and payment
Fees, deposits, billing cadence, and payment methods will be specified in the applicable Order. All fees are exclusive of applicable taxes and due upon receipt. We may suspend or terminate services for non-payment, and amounts past due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, in addition to costs of collection (including reasonable attorneys' fees). Pricing for ongoing or future engagements may change at any time.
Refunds
Because our work is creative, subjective, and time-intensive, refunds are limited as follows.
Eligible for refund: Pre-paid project fees or credits where (a) we have not yet started work, scheduled production time, or assigned an editor, and (b) you cancel before we begin. If you have pre-paid for a project but have not yet provided the source materials, brief, or other inputs we requested, you may cancel for a full refund prior to the start of work.
Not eligible for refund: Projects on which we have begun work, scheduled production time, or assigned an editor; delivered work, regardless of subjective satisfaction; partial refunds for completed milestones, rounds of revision, or portions of a project; subscription, retainer, or recurring fees for any billing period that has already begun; rush, expedited, or add-on fees once the corresponding work has been initiated.
If you are unsatisfied with delivered work, your remedy is the revision rounds specified in your Order. We do not issue refunds in lieu of revisions, and we do not issue partial refunds.
Revisions and scope
Any revisions, edits, or rounds of feedback included in an engagement will be as described in the applicable Order. Work that we determine, in our reasonable discretion, to be outside the agreed scope (including new footage, restructured deliverables, additional rounds of revision, expedited timelines, or new use cases) may be subject to additional fees, schedule adjustments, or a separate Order.
Client materials and clearances
You agree to provide accurate information, source materials, brand guidelines, approvals, and timely feedback as reasonably needed for us to perform the Services. You represent and warrant that all source materials, footage, audio, music, scripts, brand assets, names, likenesses, trademarks, logos, fonts, third-party graphics, or other content provided to us or selected by you for inclusion in any deliverable (collectively, "Client Materials") are owned by you, properly licensed to you, or otherwise lawfully cleared for our use in the engagement and in the deliverables.
You are solely responsible for: (a) obtaining all necessary releases, permissions, and consents from individuals appearing in or otherwise connected to the Client Materials; (b) clearing and licensing all music, sound effects, fonts, stock footage, third-party graphics, AI-generated content, or other content not produced by us; (c) ensuring the Client Materials do not infringe, defame, violate the privacy or publicity rights of, or otherwise violate the rights of any third party; and (d) ensuring the deliverables, as informed by your direction and use, comply with all applicable laws, advertising standards, and platform policies. We do not pre-clear, audit, or independently verify Client Materials, and we bear no responsibility or liability for any claim, loss, takedown, strike, or dispute arising out of or related to them. Delays caused by you, including delays in providing or clearing materials, may extend timelines and may result in additional fees.
Ownership and licensing
Upon receipt of full payment of all fees due under the applicable Order, and subject to these Terms, you will own the final, agreed deliverables produced specifically for you under that Order, excluding any pre-existing materials, third-party assets, templates, tools, frameworks, methodologies, software, know-how, or other materials owned or licensed by us or our licensors ("Background IP"). To the extent any Background IP is incorporated into a deliverable, we grant you a non-exclusive, non-transferable, worldwide license to use such Background IP solely as embedded in the deliverable for its intended purpose. Source files, project files, working files, and intermediate assets are not deliverables and may be retained, modified, or deleted by us at our discretion. Unless we agree otherwise in writing, we may reference, display, and describe completed work, your name, and your logo for portfolio, marketing, case study, and promotional purposes.
Confidentiality
Each party agrees to use commercially reasonable efforts to protect the confidentiality of non-public information disclosed by the other party that is marked or reasonably understood to be confidential, and to use such information solely in connection with the engagement. Confidentiality obligations do not apply to information that is or becomes publicly available, was already known to the recipient, is independently developed, or is required to be disclosed by law.
Suspension, cancellation, and termination
We may suspend or terminate any engagement, account, or access to the Services at any time, with or without notice, for any reason, including for non-payment, breach of these Terms, suspected misuse, legal or regulatory reasons, or for our convenience. You may cancel an engagement as described in the applicable Order. Fees for work performed up to the effective date of termination remain payable, and pre-paid amounts are non-refundable except where required by law or expressly agreed in writing.
No guarantees; disclaimer of warranties
We do not guarantee any specific outcome, result, performance, ranking, view count, revenue, growth, audience, engagement, conversion, or other business or platform metric. Outcomes depend on factors outside our control, including third-party platform algorithms, policies, audience behavior, market conditions, and your own actions. THE SERVICES, DELIVERABLES, SITE, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND TO THE FULLEST EXTENT PERMITTED BY LAW, MARK STUDIOS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MARK STUDIOS, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF MARK STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US UNDER THE APPLICABLE ORDER IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
Indemnification
You will defend, indemnify, and hold harmless Mark Studios and its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) materials you provide, (b) your use of the Services or any deliverable, (c) your breach of these Terms or any Order, or (d) your violation of any law or third-party right.
Intellectual property
The Mark Studios name, logos, marks, site design, content, and other materials are the property of Mark Studios or its licensors and are protected by intellectual property laws. No license or right is granted by implication, estoppel, or otherwise other than as expressly set forth herein.
Force majeure
We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications outages, third-party platform outages, supplier failures, pandemics, or similar events.
Governing law and disputes
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. We prefer to resolve disagreements informally and quickly.
Any dispute, claim, or controversy arising out of or relating to these Terms, an Order, the Services, or the relationship between you and Mark Studios (each a "Dispute") will first be submitted to confidential, non-binding mediation in Palm Beach County, Florida, before a private mediator mutually agreed upon by the parties. Each party will bear its own costs and attorneys' fees in connection with mediation, and the parties will share the mediator's fees equally. The parties agree to negotiate in good faith to resolve the Dispute through mediation before initiating any other proceeding.
If mediation does not resolve the Dispute within sixty (60) days after written notice of the Dispute is delivered (or any longer period the parties agree to in writing), either party may pursue its remaining remedies. Any remaining proceeding will take place in Palm Beach County, Florida, and you consent to the personal jurisdiction of the courts located there.
Class action waiver and jury trial waiver. To the fullest extent permitted by law, you and Mark Studios each waive any right to participate in a class action, collective action, or representative action, and any right to a jury trial. Disputes will be resolved on an individual basis only.
Changes to these Terms
We may update these Terms at any time. The "Last updated" date above reflects the most recent revision. Your continued use of the Services after any update constitutes your acceptance of the updated Terms.
Miscellaneous
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign these Terms freely. These Terms, together with any applicable Order, constitute the entire agreement between you and us regarding the Services.
Contact
Questions? Email contact@markstudios.com.