Terms of Service

Last Updated: March 6th, 2024

These Terms of Service (“Terms of Service”, "Terms", or “TOS”) are a legally binding agreement between you (“you” or “your”) and No Silence Media LLC DBA Dak (“we”, “us”, or “our”). These Terms govern your access to and use of our website and services. By accessing our website or using our Services or Products, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms or the Privacy Policy, you must not use our website, Services, or Products.

1. Definitions

1. "Service" or “Services” refers to any and all services provided by No Silence Media LLC and Dak, including our websites, blogs, content channels, video pre-production, production, post-production, strategy, brand alignment, marketing services, subscription services, and the sale of physical products.
2. “Product” or “Products” refers to any and all deliverables and products sent by us to you either digitally or physically. 
3. “Account” refers to the registered ID you have with us via our website, Services, or Products.
4. "Content" encompasses all materials produced by us and featured on our website, including but not limited to videos, images, text, and marketing materials.
5. “User” or “Users”  encompasses any individual or organization that accesses or utilizes our website, Services, or Products.
6. "User Generated Content" means any content, including videos, images, and text, that users submit to our website.
7. “Scope of Work” or “SOW” refers to a project-specific document that may be created and signed in relation to an MSA (Master Service Agreement) that is held between you and us should you decide to pay us for Services or Products.
   
   

2. Agreement to Terms
   By using our website, Services, or Products, you confirm your acceptance of these Terms and our Privacy Policy. You are granted permission to use our website, Services, and Products only if you agree to these Terms.

3. Use of Services, Products, and Account

1. Services Offered
   We offer a comprehensive suite of video and marketing services, including but not limited to video pre-production, production, post-production, strategy, and brand alignment. For a detailed list of our services, please visit this page here.
2. Account Creation
   Users who create an Account agree to provide accurate and complete information and to update this information to maintain its accuracy.
3. Account Sharing
   Accounts are personal and cannot be shared or used by more than one individual unless we provide other instructions.
4. Account Management
   Users creating an account must provide certain information, managed in accordance with our Privacy Policy. Accounts may be deemed inactive and be removed after 12 months of inactivity. Data is not guaranteed to be backed up after account removal.
5. Payment Processing
   Payments are processed through Stripe or Fiverr Workspace and are subject to their respective terms of service and privacy policies.
6. Subscription Services
   For subscription-based services, users can cancel at any time with a prorated refund based on the work completed within the billing cycle. Please get in touch with your primary project contact before canceling to ensure the potential refund is understood.
7. Content Use
   The use of Content is subject to the specific terms agreed upon in our Master Service Agreement and any other agreements we may have with you. Unless otherwise agreed to by us, you do not have ownership of the underlying assets used by us when producing Content.
8. Use of "Get Answers" and "Create Estimate" Features
   Our website offers a "Get Answers" feature, powered by GPT (Generative Pre-trained Transformer) technology, designed to provide automated responses to your queries. We also offer a "Create Estimate" feature, which uses a series of non-personal questions and GPT technology to help estimate costs related to our services. While we strive for accuracy, the nature of AI-generated responses means that outputs from both features may occasionally be erroneous or inaccurate.
   
   By using the "Get Answers" and "Create Estimate" features, you acknowledge and agree that:
   
   i.  The information and cost estimates provided by these features are for informational purposes only and should not be considered as binding offers, financial advice, or guarantees of service cost.

   
   ii.  We cannot be held responsible for any reliance on the information or estimates provided by these features. Decisions based on this information are made at your own risk.
   
   iii.  We make no representations or warranties of any kind, express or implied, as to the operation of these features, the accuracy, completeness, reliability, or availability of any information they provide.

5. Intellectual Property
   The content we create is owned by us, except for final deliverables produced within the scope of an MSA or SOW, which are considered a work for hire. Clients receive ownership of the final video deliverables upon final payment but not the underlying assets unless otherwise agreed upon in an SOW.
   
   
6. Prohibited Use
   You agree not to use our website, Services, Products, or any Content for:

1. Any form of activism, political activity, or other uses that could be deemed as leveraging our Services, Products, or any Content for purposes beyond their original scope without express permission from us. Permission is not equivalent to endorsement.
2. Illegal purposes or in violation of any local, state, national, or international law or regulation.
3. Transmitting any malicious or technologically harmful material.
4. Any purpose that is fraudulent, defamatory, misleading, deceptive, or otherwise not in good faith.
5. Any unlawful activities not specifically mentioned herein, including but not limited to fraud, money laundering, illegal gambling operations, financing terrorism, or other activities that contribute to the proliferation of illegal activities.
6. Any purpose that would violate the intellectual property rights of others or contribute to, encourage, support, or endorse unethical or criminal conduct.
   
   

7. Restrictions on Content Use

1. No Content featured on this website or presented during the provision of Services or delivery of Products may be used in any way unless you hold the relevant intellectual property rights.
2. Content produced by us and provided to you may not be used in a manner that misrepresents its intended use or in a way that implies sponsorship or endorsement of any third party, product, or service without our prior written consent.
3. You are prohibited from modifying, distributing, selling, or using Content for commercial purposes without obtaining permission from us. 
   
   

8. User Generated Content
   Users may submit content to our website for service fulfillment. By submitting content, you grant us the rights to use, modify, and display the content for fulfilling service requests and, in some instances, for our sales, marketing, and portfolio purposes. By submitting content, you agree you have the rights to submit the content for use in accordance with these Terms.
   
   
9. Data Backup and Loss
   You acknowledge that it is your sole responsibility to regularly back up your content and information related to your use of this website, our Services, or Products to prevent data loss. You agree we are not responsible for any loss of data or for backing up any data related to your account or your use of our Services or Products unless otherwise stated in an MSA or SOW we have with you or your organization.
   
   
10. Limitation of Liability

1. Service Outcomes
   While we guarantee high-quality, professionally created content should you pay for our Services or Products, we cannot promise specific outcomes from our services unless explicitly agreed upon in a project's SOW.
2. Third-Party Tools
   We are not liable for any issues arising from the use of third-party tools or services used in or featured on our website.
3. Indemnification
   You agree to indemnify, defend, and hold harmless No Silence Media LLC, No Silence Media LLC DBA Dak, its officers, directors, contractors, employees, agents, licensors, suppliers, and any third-party information providers to the Services or Products from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services or Products using your Internet account, or your use of our Services, Products, or Content.
   
   This indemnification includes, without limitation, liability relating to intellectual property infringement, privacy, defamation, and breaches of the Master Service Agreement (MSA) or Scope of Work (SOW) agreements. Furthermore, this indemnification clause shall survive the termination or expiration of these Terms and/or your use of our website, Services, or Products.
4. Disclaimer
   Please read our full Disclaimer here.
   
   

11. Governing Law
    These Terms are governed by the laws of the United States and the state of New Hampshire where No Silence Media LLC primarily operates, without regard to conflict of law principles.
    
    
12. Dispute Resolution
    Disputes will first be addressed through standard communication channels and may proceed to arbitration or mediation if unresolved and may be binding or non-binding as determined by our team at the time of the dispute. Our policies form the basis of dispute resolution, and disputes against these policies are generally not entertained.
    
    
13. Modification and Termination

1. Website, Services, Products, and Account
   We reserve the right, at our sole discretion, to modify or discontinue, temporarily or permanently, this website or our Services or Products (or any part thereof) with or without notice. You agree that we are not liable to you or to any third party for any modification, suspension, or discontinuance of this website, our Services, or Products. We may also terminate or suspend your access to this website, our Services, our Products, and your account for any reason, including, but not limited to, a breach of these Terms. Upon termination, your right to use this website, our Services, or Products will immediately cease. However, your rights to Content or Products paid for in full will remain.
2. Terms of Service
   We reserve the right to modify these Terms at any time. Account holders will be notified of significant changes via email, if available. Users have the right to discontinue using this website, our Services, or Products if they disagree with the updated Terms.
3. User Termination
   In accordance with our Privacy Policy, users may request deletion of their account and information at any time by contacting us via email: contact@nosilencemedia.com. Cancellation and termination policies for Services and Products are subject to their relevant MSAs or SOWs.
   
   

14. Contact Information and Communication
    For any questions or concerns, please contact us at contact@nosilencemedia.com. Feedback and complaints are addressed promptly, with a commitment to resolving user concerns effectively.