This Terms of Service Agreement (the “Agreement”) is a legally binding agreement between 4M&K LLC, doing business as Tone Shift Media (“Tone Shift Media,” “we,” “us,” or “our”), a limited liability company organized under the laws of the state of Colorado, and the client (“Client”), whether personally or on behalf of an entity, with regard to access and use of Tone Shift Media’s services, and any interactions, collaborations, or services related to video production and content delivery.

By accessing and using the Website and our services, you agree to be bound by the terms and conditions outlined in this Agreement. If you do not agree to these terms, you are prohibited from using the Website and our services.

1. Intellectual Property Rights

The Website and its content, encompassing video examples, text, graphics, photographs, designs, and trademarks (“Content”), are owned and controlled by Tone Shift Media, protected by copyright, trademark, and other intellectual property laws. The Content is provided for personal use and information only. Unless expressly permitted by Tone Shift Media, reproduction, distribution, modification, or exploitation of the Content for commercial purposes is prohibited.

2. Ownership and Use of Materials

Tone Shift Media acknowledges and respects the ownership of video projects (“Projects”) created on behalf of the Client. The Client retains complete ownership and copyright of the Projects. Tone Shift Media reserves the right to use completed Projects in its portfolio, on the Website, and for marketing purposes, unless otherwise agreed upon. Notwithstanding, sensitive client information, such as login credentials, will be handled with confidentiality.

3. Third-Party Materials

In the event that any Project incorporates third-party materials, including fonts, music, graphics, etc., Tone Shift Media will inform the Client and provide guidance on obtaining necessary licenses. The Client assumes responsibility for obtaining licenses for such materials and acknowledges that Tone Shift Media is not liable for any consequences resulting from the use of unlicensed third-party materials.

4. User Representations

By using Tone Shift Media’s services, the Client represents and warrants that they have the legal capacity to enter into this Agreement, will use the services for lawful purposes, and will not violate any applicable laws.

5. Prohibited Activities

The Client agrees not to use our services for any unlawful or unauthorized purposes.

6. Client Feedback

Client feedback and submissions may be used by Tone Shift Media for lawful purposes, including marketing and portfolio display, unless explicitly agreed otherwise.

7. Privacy and Data Handling

Tone Shift Media stores publicly available client data and sensitive information using secure methods. We do not store payment information, as payments are processed through Stripe.

8. Membership

Clients enrolled in monthly memberships have the option to pause or cancel their membership at their discretion, unless otherwise specified in a written agreement. Cancellation of the membership does not entail a refund of any fees already paid.

9. Limitations of Liability and Indemnification

Tone Shift Media and its affiliates are not liable for any direct, indirect, or consequential damages arising from the use of our services. The Client agrees to indemnify Tone Shift Media against any claims arising from the Client’s use of the services.

10. Modifications and Termination

Tone Shift Media reserves the right to modify the Website, services, and terms at its discretion. Clients may terminate their memberships or pause services as outlined in this Agreement.

11. Content Posting Service

Tone Shift Media offers a content posting service for client videos on social media platforms. Clients must provide login credentials for this service. Tone Shift Media stores client login credentials using secure methods. Tone Shift Media will not manage client social media accounts, and will not manage interactions on client accounts.

12. Governing Law and Jurisdiction

This Agreement is governed by the laws of the state of Colorado, without regard to conflict of law principles. Any legal actions shall be brought within the appropriate jurisdiction.

13. Contact Information

For any questions or concerns regarding our services, please contact Tone Shift Media at: hello@toneshiftmedia.com.

14. Showcasing Design Work

Tone Shift Media reserves the right to showcase completed video projects in its portfolio, on the Website, and for marketing purposes unless otherwise agreed upon. Clients may request an NDA to restrict public showcasing.

15. Referrals

Tone Shift Media does not currently offer a referral program.

16. Electronic Communications, Transactions, and Signatures

Clients consent to receive electronic communications and agree to the use of electronic signatures, contracts, and records for transactions and notices.

17. Connection Interruptions

Tone Shift Media does not guarantee uninterrupted access to the Website or services and is not liable for connection interruptions beyond its control.

18. Disclaimer

The Website and its content are provided on an “as-is” basis. Tone Shift Media makes no warranties about the accuracy, completeness, or reliability of the Website’s content.

19. Refunds

Tone Shift Media does not entertain refund requests. All payments made for our services, once processed, are non-refundable under any circumstances.

20. Miscellaneous

This Agreement constitutes the entire understanding between the Client and Tone Shift Media. Failure to enforce any provision does not waive rights. If any provision is deemed unlawful, it shall be severed without affecting other provisions. No joint venture, partnership, or agency relationship is formed.

Last updated: 11-15-23