Last Update: January 2020
Welcome to VideoPhotoGuru.com.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the VideoPhotoGuru services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 16/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Buyers are users who purchase services on VideoPhotoGuru.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller on VideoPhotoGuru.
VideoPhotoGuru Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.
VideoPhotoGuru Credits are credits that VideoPhotoGuru may provide users to be used only for purchases on VideoPhotoGuru, subject to these Terms of Service or any other applicable laws and/or terms.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Template/Product.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Template/Product Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the VideoPhotoGuru platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with VideoPhotoGuru Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on VideoPhotoGuru, subject to these Terms.
Sellers are users who offer and perform services through Templates on VideoPhotoGuru.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on VideoPhotoGuru. Registration is free.
- Templates editing on VideoPhotoGuru may be offered at a base starting price of $5. Some Templates are offered at a base price of more than $5 as determined by the Seller.
- Buyers pay VideoPhotoGuru in advance to create an order (see Purchasing Section below regarding payment terms).
- Orders are purchased through the Order button found on a Seller’s Store page or through a Custom Offer.
- Sellers must fulfill their orders and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Users may not offer or accept payments using any method other than placing an order through VideoPhotoGuru.com.
- When purchasing a Template for Editing, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on Template page. Note: some Templates charge additional payments for Delivery time, for different formats (HD, Full HD, 4K), etc.
- VideoPhotoGuru retains the right to use all published delivered works for VideoPhotoGuru marketing and promotion purposes.
- Sellers are offering video editing services for their Templates on VideoPhotoGuru to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Templates.
- Video editing services for Template you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
- VideoPhotoGuru accredits Sellers once an order is completed.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s VideoPhotoGuru Balance.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
- Sellers may withdraw their revenues using one of VideoPhotoGuru’s withdrawal options (see Withdrawal Section below regarding payment terms).
- The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
- For security concerns, VideoPhotoGuru may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple VideoPhotoGuru accounts to a single withdrawal provider.
- Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Template/Product page or is inclusive of all such taxes and charges that may apply to the Sellers.
- Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Templates/Products added on VideoPhotoGuru are User Generated Content.
and/or users may be removed by VideoPhotoGuru from the Site for violations to
these Terms of Service, which may include (but are not limited to) the
following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Templates/Products
- Spam, nonsense, or violent or deceptive Templates/Products
- Templates/Products misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Services that extend beyond 30 days of service duration
- Exceedingly low quality Templates/Products
- Promoting VideoPhotoGuru and/or VideoPhotoGuru Templates/Products through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- Templates/Products that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Templates/Products that are removed for violations are not eligible to be restored or edited.
- Templates/Products may be removed from our Search feature due to poor performance and/or user misconduct.
- Templates/Products may include pre-approved website URLs contained within the Template/Product description and requirements box. Templates/Products containing websites promoting content, which violates VideoPhotoGuru’s Terms of Service, will be removed.
- Templates/Products are required to have an appropriate Template/Product image related to the service offered. An option to upload two additional Template/Product images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Template/Product images. Recurring deliveries that don’t match the quality shown on the Template/Product images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Templates/Products may contain an approved Template/Product Video uploaded through the Template/Product management tools available on VideoPhotoGuru.
- Statements on the Template/Product Page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Templates/Products in select Categories may set up Template/Product Packages to offer their services in structured formats with multiple price points for the selected Template/Product.
- Template/Product Extras are additional services offered on top of the Seller’s Template/Product for an additional price defined by the Seller.
- Template/Product Extras may be removed for violations of our Terms of Service. For specific terms, please see the Templates/Products section above for a list of services that violate our Terms of Service. Templates/Products are subject to be removed due to violations found in Template/Product Extras.
- Services offered through Template/Product Extras must be related to the base service and part of the deliverables on the Order.
- Template/Product Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers have the option to extend the duration of an Order for each Template/Product Extra that is added to the Order. This is to cover the time needed to complete the extra service.
VideoPhotoGuru Sellers have access to several exclusive features that help customize the way their services can be offered.
- Sellers can also send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate VideoPhotoGuru’s Terms of Service.
- Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
- A milestone is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will be cancelled.
- Once a milestone is delivered, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. Please note that if you choose to stop the Order, the current delivered milestone will not be cancelled.
- A VideoPhotoGuru Studio allows certain Sellers to collaborate with each other and offer Buyers a multi-service Template/Product (a “Studio Template/Product”).
- Studio Lead: Certain selected Sellers may lead and operate VideoPhotoGuru Studios as Studio Leads. Studio Leads are chosen manually by VideoPhotoGuru editors through an ongoing review process based on seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more. The Studio Lead is responsible for inviting all Studio Members and managing all incoming Orders, from communicating with the Buyer, through handling any required revisions and until the final delivery. The Studio Lead can also remove Studio Members from Studio Templates/Products at any time. With respect to open Orders, however, Studio Members can be removed by Customer Support only.
- Studio Members: A Studio Lead can invite other Sellers who were also chosen by VideoPhotoGuru to be eligible for Studios collaboration (each, a “Studio Member”) to join their Studio Template/Product and be assigned to a specific service. Studio Members can ask to be removed from a Studio Template/Product at any time.
- Studio Templates/Products: A Studio Template/Product provides a bundle of services (from two services and up to five) within one Template/Product. A Studio Template/Product’s minimum price is US$100. As Studio Template/Product is comprised of several services, every service includes its own pricing, pricing factors, and a Studio Member / Lead that is accountable for such service, all of which is defined by the Studio Lead when creating the Studio Template/Product. VideoPhotoGuru Studios may also offer Custom Offers.
- Limitations: Each VideoPhotoGuru Studio has one Studio Lead. Similarly, a Studio Lead may not operate more than one VideoPhotoGuru Studio. A VideoPhotoGuru Studio can offer up to five Studio Templates/Products, each comprised of up to four Studio Members in addition to the Studio Lead. Studio Members may not be assigned to more than three Studio Templates/Products.
- Studio Template/Product Reviews: Studio Template/Product Buyers are able to leave a public review on the Studio Template/Product as if it were a regular Template/Product. The public buying rating & review is linked to and visible on the Studio Template/Product page, the VideoPhotoGuru Studio itself (studio page), as well as all Studio Members and Studio Lead of that VideoPhotoGuru Studio.
- Revenues: VideoPhotoGuru accredits the Studio Members and Studio Lead only when the entire Order is completed. Studio Members should note that an Order may be cancelled due to reasons that are beyond their control (a malperformance of another Studio Member for example). If an Order is cancelled for any reason, the funds paid will be returned to the Buyer’s VideoPhotoGuru Balance. As with any other Order, Revenues are only made available for withdrawal by the Studio Members following a safety clearance period of either 14 or 7 days after the Order is marked as Complete, depending on the Studio Lead’s Level Status or classification (Level 1, Top Rated, Pro, etc.).
- VideoPhotoGuru Anywhere is a feature that allows Sellers to send Custom Offers outside of VideoPhotoGuru.
- Services offered through VideoPhotoGuru Anywhere must comply with our Terms of Service.
- Users accessing and purchasing from a VideoPhotoGuru Anywhere offer that are not already members of VideoPhotoGuru, will be required to register with VideoPhotoGuru to create an Order.
- Sellers are required to deliver proof of completion of services in the Order Page. Please see our Orders section for further details.
- Communication for handling Orders should be performed on VideoPhotoGuru, through the Order Page. Users who engage and communicate off of VideoPhotoGuru will not be protected by our Terms of Service.
- You may not offer direct payments to Sellers using payment systems outside of the VideoPhotoGuru platform.
- VideoPhotoGuru retains the right to use all publicly published delivered works for VideoPhotoGuru marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature. Services requested on VideoPhotoGuru must be an allowed service on VideoPhotoGuru. Please check above for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on VideoPhotoGuru.
- Buyers pay VideoPhotoGuru to create an order from a Seller’s Template/Product page or Custom Offer, using the Order Now button. VideoPhotoGuru partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with VideoPhotoGuru Balances. All payments services in connection with the collection of funds on the VideoPhotoGuru platform are performed by VideoPhotoGuru’s Payment Services Providers.
- VideoPhotoGuru serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by VideoPhotoGuru (or its Payment Services Provider, as applicable), and VideoPhotoGuru (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that VideoPhotoGuru (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against VideoPhotoGuru and not the Buyer directly.
- In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through VideoPhotoGuru Anywhere.
- In most locations, purchases on VideoPhotoGuru can be made by using one of the following payment methods: Credit Card, PayPal, VideoPhotoGuru Credits or existing VideoPhotoGuru Balance. Additional payment methods may apply in certain locations.
- Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees. As of May 2018, the current fees assessed to the total purchase amount are $2 on purchases up to $40 and 5% on purchases above $40.
- Your existing VideoPhotoGuru Balance will be automatically applied to your next purchase.
- You may not offer Sellers to pay, or make payment using any method other than through the VideoPhotoGuru.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
- By using any payment method and/or providing payment details for making purchases on VideoPhotoGuru, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on VideoPhotoGuru; and (d) such actions do not violate any applicable law.
- Buyers may pay on VideoPhotoGuru in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by VideoPhotoGuru’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
- Buyers should note that all prices on VideoPhotoGuru are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
- If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your VideoPhotoGuru Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
- Your VideoPhotoGuru Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your VideoPhotoGuru Balance in any currency other than US$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US$ value. Users always have the option to view their VideoPhotoGuru Balance in US$ by changing their selected displayed currency.
- Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Buyer before payment.
- Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- Once payment is confirmed, your order will be created and given a unique VideoPhotoGuru order number (#FO).
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Template/Product.
- The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact VideoPhotoGuru’s Customer Support department for assistance here.
- Orders through the Logo Maker are completed once payment is made by the Buyer.
- When a Buyer orders a Template/Product, the Seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Templates/Products. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s status.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. VideoPhotoGuru will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Buyers may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their Template/Product page or they do not match the requirements sent to the Seller at the beginning of the order process.
- Feedback reviews provided by Buyers while completing an Order are an essential part of VideoPhotoGuru’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the VideoPhotoGuru platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the VideoPhotoGuru platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Template/Product page.
- Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Template/Product page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
- Withholding the delivery of services, files, or information required to complete the Template/Product’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
- Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
- Feedback reviews are unavailable for orders made through the Logo Maker.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact VideoPhotoGuru’s Customer Support department for assistance here.
- Order cancellations can be performed on VideoPhotoGuru, when eligible, by Customer Support or through the Resolution Center per order.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
- VideoPhotoGuru, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s VideoPhotoGuru Balance.
- Revisions to deliveries can be performed by Sellers based on the Seller’s Template/Product and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
- Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
- Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.
- VideoPhotoGuru encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
- Eligibility for requests to VideoPhotoGuru to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service, general misconduct, and improper usage of the VideoPhotoGuru delivery system. See below for Order specific eligibility.
- Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
- In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s VideoPhotoGuru Balance and will be deducted from the Seller’s VideoPhotoGuru Balance or, if there are no sufficient amounts in the Seller’s VideoPhotoGuru Balance, from future revenues of such Seller.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Template/Product Page. Buyers may rate their experience with the Seller on the Order Page, including the overall level of service quality received.
- Buyers must use VideoPhotoGuru Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of VideoPhotoGuru.
- Any non-permitted usage of VideoPhotoGuru encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations of VideoPhotoGuru’s Terms of Service.
Customer Support will cancel orders based on, but not limited to, the following
- Active Orders (after
the Buyer submits their requirements and before the Seller delivers on VideoPhotoGuru)
- The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
- The user is no longer an active VideoPhotoGuru user due to Terms of Service violations or closure of their account.
- Delivered Orders (after
the Seller clicks Deliver Now and before the order is marked as complete)
- The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
- The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The Seller requests additional payments, on or off the VideoPhotoGuru platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Seller is withholding the final delivery of services for improved ratings.
- Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
- Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
- Completed Orders (after
the order is marked as complete and before the 14 day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- Buyers who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Seller’s Template/Product Page and cannot be retroactively included once the order is completed for over 14 days.
- VideoPhotoGuru Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
- Active Orders (after the Buyer submits their requirements and before the Seller delivers on VideoPhotoGuru)
- § VideoPhotoGuru does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s VideoPhotoGuru Balance and are available for future purchases on VideoPhotoGuru. Until January 1, 2019, funds returned to your VideoPhotoGuru Balance from cancelled orders will not include service fees paid. As of January 1, 2019, VideoPhotoGuru returns service fees to your VideoPhotoGuru Balance once an order is cancelled. In any event, if the service fees were not returned to your VideoPhotoGuru Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on VideoPhotoGuru.
- Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
In certain instances, VideoPhotoGuru may offer you credits (“VideoPhotoGuru Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Templates/Products and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid VideoPhotoGuru Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, VideoPhotoGuru Credits expire following three months from their receipt. VideoPhotoGuru Credits serve only as an incentive to use VideoPhotoGuru, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, VideoPhotoGuru Credits may not be returned to your account even if your Order gets cancelled. VideoPhotoGuru Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. VideoPhotoGuru reserves the right to modify or cancel the VideoPhotoGuru Credits program at any time. If you or VideoPhotoGuru deactivate or suspend your VideoPhotoGuru account, any unused VideoPhotoGuru Credits in your account will be forfeited.
User Conduct and Protection
VideoPhotoGuru enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on VideoPhotoGuru reflect the diversity of an expanding Template/Product economy. Members of the VideoPhotoGuru community communicate and engage through orders, social media, and on VideoPhotoGuru’s Community Forums.
VideoPhotoGuru maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of VideoPhotoGuru. This section relates to the expected conduct users should adhere to while interacting with each other on VideoPhotoGuru.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of VideoPhotoGuru in order to circumvent or abuse the VideoPhotoGuru messaging system or VideoPhotoGuru platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- VideoPhotoGuru does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
- VideoPhotoGuru does not provide protection for users who interact outside of the VideoPhotoGuru platform.
- All information and file exchanges must be performed exclusively on VideoPhotoGuru’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- VideoPhotoGuru is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through VideoPhotoGuru to contract, engage with, or pay outside of VideoPhotoGuru.
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- VideoPhotoGuru reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, VideoPhotoGuru (or one of VideoPhotoGuru’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.
- Users may report Templates/Products to Customer Support that may be in violation of VideoPhotoGuru’s Terms of Service based on the reported Template/Product’s replicated similarity to pre-existing services (copycat Templates/Products).
- Sellers warrant that any content included in their Templates/Products shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Templates/Products, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Templates/Products.
- VideoPhotoGuru will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – VideoPhotoGuru does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on VideoPhotoGuru should be friendly, constructive, and professional. VideoPhotoGuru condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Templates/Products or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of VideoPhotoGuru will not be protected by our Terms of Service.
Authentic VideoPhotoGuru Profile – You may not create a false identity on VideoPhotoGuru, misrepresent your identity, create a VideoPhotoGuru profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. VideoPhotoGuru reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – VideoPhotoGuru will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use VideoPhotoGuru for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the VideoPhotoGuru community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to VideoPhotoGuru’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on VideoPhotoGuru. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell VideoPhotoGuru accounts.
The Site, including its general layout, design and content, is exclusively owned by VideoPhotoGuru and protected by copyright and trademark law. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
- VideoPhotoGuru reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
- Violation of VideoPhotoGuru’s Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on VideoPhotoGuru.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to VideoPhotoGuru’s approval.
- Disputes should be handled using VideoPhotoGuru’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting VideoPhotoGuru Customer Support.
- VideoPhotoGuru may make changes to its Terms of Service from time to time. When these changes are made, VideoPhotoGuru will make a new copy of the terms of service available on this page.
- You understand and agree that if you use VideoPhotoGuru after the date on which the Terms of Service have changed, VideoPhotoGuru will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to VideoPhotoGuru by our users (Buyers and Sellers) is User Generated Content. VideoPhotoGuru does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, VideoPhotoGuru is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers or otherwise). We provide no warranty with respect to the Templates/Products, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on VideoPhotoGuru. Sellers advertising online their Template/Product or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Template/Product or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: When purchasing a Template/Product on VideoPhotoGuru, unless clearly stated otherwise on the Seller’s Template/Product page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Template/Product and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Templates/Products (including for custom created work) charge additional payments (through Template/Product Extras) for a Commercial Use License. This means that if you purchase the Template/Product for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Template/Product Extra and will have broader rights that cover your business use.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to VideoPhotoGuru, including Template/Product texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by VideoPhotoGuru for no consideration for marketing and/or other purposes.
Template/Product Commercial Use License
By purchasing a “Commercial Use License” with your Template/Product Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to VideoPhotoGuru’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor VideoPhotoGuru will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VIDEOPHOTOGURU NOR ANY PERSON ASSOCIATED WITH VIDEOPHOTOGURU MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL VIDEOPHOTOGURU, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, VIDEOPHOTOGURU AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with VideoPhotoGuru, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.