Terms of Service: Promotional Products Plug & Play Videos
Effective Date: Date of Purchase
This License and Usage Terms and Conditions Agreement (the “Agreement”) is entered into between 100 & Wonder (“the Company,” “we,” “us,” or “our”) and the customer purchasing the video(s) (“Customer,” “you,” or “your”). By purchasing any Videos from 100 & Wonder, you expressly acknowledge and agree to these Terms and Conditions. Continued use of the Videos after delivery also constitutes acceptance.
By purchasing or using our Videos, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Company:
100 & Wonder
Contact: contact.wonder@100andwonder.com
-
The Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the delivered video(s) (the “Videos”) indefinitely, subject to the terms and restrictions below.
The Company retains all copyrights, ownership rights, and intellectual property rights in the Videos and all assets contained therein (except for Customer-licensed assets as described below). This Agreement does not transfer any ownership rights.
-
The Videos may contain stock footage and stock music (including AI-generated music from services), AI-generated footage, music, and sound effects, voiceovers, and scripting. All such assets are used under licenses obtained by the Company from third-party providers.
The Company grants the Customer a limited sublicense to use these assets solely as incorporated into the delivered Videos. We do not disclose the specific terms of those third-party license agreements. Your rights to use the Videos (and the incorporated assets) are subject to, and limited by, those underlying licenses. The key permitted uses and restrictions are summarized in this Agreement.
-
The Customer acknowledges that certain Videos may incorporate product images, logos, branding, or other assets from third-party platforms (such as SAGE promotional products or similar services) that are licensed to the Customer.
By purchasing the Videos, the Customer is deemed to have requested and approved the inclusion of such licensed assets. Accordingly, the Customer grants to the Company a limited, non-exclusive, royalty-free license to use, reproduce, modify (as necessary for video production), and display those assets solely for the purpose of creating and delivering the Videos to the Customer.
The Customer represents and warrants that:
They have all necessary rights, licenses, and permissions from the applicable third-party platform to use the assets and to grant the Company the right to incorporate them into the Videos.
The use of these assets in the Videos will not infringe any third-party rights.
The Company is not responsible for verifying the Customer’s licensing rights with any third-party platform. Any issues, claims, or liabilities arising from the Customer’s use or licensing of such assets are the sole responsibility of the Customer.
-
You (or your company) may use the Videos in their original, unaltered form for the following purposes only:
Ecommerce product pages
Your website
Social media channels (organic use)
In-store video displays
Email marketing materials
Pay-per-click (PPC) advertising, paid social campaigns, or any online paid advertising
The license is for your (or your company’s) sole and exclusive use and may not be transferred.
-
You are strictly prohibited from:
Reselling, sublicensing, distributing, or transferring the Videos or any part thereof in any form.
Reverse engineering, remixing, re-editing, extracting, or separately using any footage, scripting, voiceover, music, sound effects, or other assets outside the delivered Videos.
Creating derivative works, new videos, or any other content using the assets contained in the Videos.
Using the Videos for broadcast television, radio, or any linear media without requesting and obtaining additional licensing. This protects us and you.
Using the Videos in any manner that competes with the Company or harms the Company’s business.
Removing or altering any copyright notices, watermarks, or attribution (if present).
Any use outside the expressly permitted uses requires prior written approval and additional licensing fees from the Company (while the Company is operational).
-
If you require broader rights (broadcast, derivative works, etc.), you may request expanded licensing. The Company will then negotiate or purchase additional rights from our asset partners where possible. Additional fees will apply.
-
All Videos are provided and licensed “AS IS” unless additional revisions are expressly agreed upon in writing and paid for in advance.
You should carefully review the Videos before final use. If you are not satisfied with the delivered product and do not intend to purchase revisions, you should not use the Videos. The Company is not obligated to make changes unless a revision package is purchased.
-
Any revisions, suggestions, feedback, or changes requested by the Customer regarding the script, voiceover, visuals, timing, structure, or any other aspect of the Videos may be used by the Company to improve our templates, processes, products, and services.
By submitting such revisions or feedback, you grant the Company a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to incorporate the ideas, concepts, techniques, compositions, and general improvements into future videos and offerings for other customers.
This does not grant the Company the right to use the Customer’s original branded content, logos, or Customer-created product images in videos sold to other customers. However, the Company may apply general learnings and improvements derived from videos that incorporated third-party licensed assets (such as images from platforms like SAGE), provided that each subsequent customer independently holds valid rights to use those same third-party assets in their own video.
-
The Customer grants 100 & Wonder a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license to use, display, reproduce, and feature the delivered Videos (including portions thereof) in the Company’s marketing materials, website portfolio, social media channels, promotional videos, case studies, and sales presentations.
This license includes the right to use the Customer’s brand name, company name, and any original content or IP appearing in the Videos solely for the purpose of showcasing the Company’s work.
The Customer may request in writing that the Company cease using their specific Videos in future marketing materials. Upon such request, the Company will make reasonable efforts to remove them within 30 days, except for materials already distributed or archived (e.g., in email archives, printed materials, or third-party platforms where removal is not reasonably feasible).
-
Videos will be delivered electronically via download link or other method specified at the time of purchase. Download links and access pages are not guaranteed to remain available indefinitely. Customers are encouraged to download and securely back up the Videos as soon as possible after receipt. The Company is not responsible for any issues caused by the Customer’s email settings, spam filters, or internet connection.
-
Unless expressly stated otherwise in writing, all sales are final and non-refundable. Refund requests may be submitted in writing to contact.wonder@100andwonder.com and will be considered on a case-by-case basis at the sole discretion of the Company.
To avoid a potential material breach of this Agreement, customers are strongly advised to cease all use of the Videos prior to submitting a refund request.
Any approved refund constitutes immediate termination of the license granted under this Agreement. Upon approval and issuance of a refund, the Termination provisions in Section 19 apply immediately, and the Customer must cease all use of the Videos and delete/destroy all copies in their possession.
-
Asset Clearances and AI Content: While we exercise due diligence in sourcing assets and obtaining usage rights, we cannot guarantee that all third-party providers have obtained every possible clearance (especially regarding AI training data or individuals appearing in stock content). Future claims of infringement or clearance issues are possible, though we believe the risk is low due to our processes. You acknowledge and accept this risk.
No Liability: The Company is not responsible for any losses, damages, or liabilities (financial, material, emotional, mental, social, reputational, or otherwise) arising from your use of the Videos or any AI-generated content.
Third-Party Platforms: Any mention of specific promotional product platforms (such as SAGE) is for illustrative purposes only. We are not endorsed by, affiliated with, partnered with, or connected to any such platforms.
-
You represent and warrant that:
You have the authority to enter into this Agreement.
You will use the Videos only as expressly permitted.
You will not expose the Company to legal risk through improper use of the Videos.
-
You agree to indemnify, defend, and hold harmless the Company, its owners, employees, officers, directors, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees and court costs) arising out of or related to:
Your breach of this Agreement;
Your use of the Videos outside the permitted uses or in violation of any restrictions in this Agreement;
Any third-party claims resulting from your use or modification of the Videos; or
Any claims, suits, or demands alleging copyright infringement, trademark infringement, rights of publicity violations, or clearance issues related to the Videos, except to the extent such claim is proven to result solely from the Company’s gross negligence or willful misconduct.
Notice and Cooperation Requirement: If you receive any third-party claim, demand, or legal action related to alleged copyright, infringement, or clearance issues in the Videos, you agree to promptly notify the Company in writing at contact.wonder@100andwonder.com and, at the Company’s request, cooperate fully with the Company in the defense or settlement of such claim. You shall not admit liability or settle any such claim without the Company’s prior written consent.
-
You agree not to use the Videos in any manner that is defamatory, obscene, unlawful, or that could reasonably harm the reputation of 100 & Wonder.
-
The Company shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government orders, power failures, or internet disruptions.
-
Any dispute arising under this Agreement shall first attempt informal resolution. If unresolved, the parties agree to binding arbitration administered in Cheyenne, Wyoming.
You agree to waive any right to class action participation. This Agreement shall be governed by the laws of the State of Wyoming, without regard to conflict of laws principles. You consent to the exclusive jurisdiction of the state and federal courts located in Wyoming for any matters not subject to arbitration.
-
To the maximum extent permitted by law, the Company’s total liability shall not exceed the amount you paid for the specific Video(s) in question. The Company shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages.
-
The Company may terminate this license immediately if you breach any provision of this Agreement. Upon termination, you must immediately cease all use of the Videos and delete/destroy all copies.
-
This Agreement constitutes the entire understanding between the parties.
Any modifications must be in writing and signed by both parties.
If any provision is held invalid, the remainder shall continue in full force.
Failure to enforce any right does not constitute a waiver.
-
In the event that 100 & Wonder is acquired, merges with another entity, or undergoes a change of control, this Agreement and the license granted hereunder will automatically transfer to the acquiring or successor entity, which will assume all rights and obligations under this Agreement.
In the unlikely event that the Company permanently ceases operations with no successor entity:
All licenses for Videos already delivered to customers will continue indefinitely under the core terms of this Agreement.
Customers may continue using the Videos in their original form for the Permitted Uses outlined in Section 4.
The Company’s post-closure obligations (including support, revisions, additional licensing, or maintenance) will end immediately.
Customers are released from any obligations that require interaction with the Company (such as seeking approval for expanded uses).
However, all intellectual property protections remain in full force, including prohibitions on reselling, sublicensing, distributing, reverse engineering, remixing, re-editing, extracting assets, or creating derivative works. These restrictions survive to protect the Company’s retained copyrights, third-party asset providers, and the rights of other licensees.