Terms of Service

We realise people don’t want to read pages of terms and conditions in order to use a service like this, so here’s a summary of ours, written in plain English, but if you want to know more or are in any doubt, click here to view the detailed terms of service.

Terms of Service - Short Version

Text In Motion is a service provided by Bearman and Bearman, a partnership between Phil Bearman and Ross Bearman. The service supplies animations customised with your text as downloadable video files. Your payment for the service covers the cost of customising the animation and licenses you to use the supplied video on a royalty-free basis according to the terms of our royalty free license.

We do not guarantee the suitability of the videos produced using our service for any particular purpose. You agree not to hold us liable for any damages resulting from the use of videos created using our service.

Limitations of the service are explained on the product page when you enter your customisation text.

Terms of Service - Full Version

  1. Definitions
  2. Modifications to Terms
  3. The Text in Motion Service
  4. Limitations of the Service
  5. Availability of the Service and The Site
  6. Your Personal Data
  7. Submissions
  8. Waiver of Right to Cancel
  9. Intellectual Property
  10. Account Credits
  11. Indemnification
  12. International Use
  13. Termination of Use
  14. Referral Program
  15. Governing Law
  16. Notices
  17. Miscellaneous
  1. Definitions

    The Company (also referred to as ‘us’ and ‘we’): Bearman and Bearman, a partnership between Phil Bearman and Ross Bearman.

    The Customer (also referred to as ‘you’): A person or company who has created an account on The Site, and/or used The Service available through The Site.

    User: Any person visiting the Site

    The Service (also referred to as ‘Text In Motion’): Text In Motion is the name of the service provided by The Company. The business activity of The Service is detailed separately below.

    The Site: The website located at the URL https://textinmotion.tv

    You must agree to this Terms of Service Agreement ("Agreement") if you are a User of the Company’s website located at the URL https://textinmotion.tv or the Company’s services available through the website. This will be referred to as the "Site" or the “Services”.

  2. Modifications to Terms

    We reserve the right at all times to vary, change, alter, amend, add to or remove any of these Terms. Please ensure that you review these Terms each time you use the Website as you will be deemed to have accepted a variation if you continue to use the Website after the variation has been posted.

    The current draft of these Terms was adopted and published on 20 August 2016.

  3. The Text in Motion Service

    The service we sell is the customising of animated videos. The videos are customised by replacing the text that appears in the sample video that you have selected with text that you supply when ordering, and, if applicable, in a colour scheme that you specify when ordering.

    You make payment in exchange for us customising the video, supplying it to you as a downloadable file, and licensing that file, on a royalty free basis, for your use. The terms of the licence are detailed in a separate document - click here to view our licence agreement.

    We retain copyright on all videos produced and supplied by us.

  4. Limitations of the Service

    When you order from Text In Motion, we provide a ‘Customised Preview’ for your guidance. This is a still image with your specified text overlaid. We have designed this preview to give a representation of how your specified text will be laid out in the supplied video.

    However, the accuracy of this layout is dependent on how the web browsing software on your computer renders it. It is therefore beyond our control, so we cannot guarantee its accuracy. We have tested our Customised Preview on a wide variety of modern web browsers to minimise the likelihood of an inaccurate representation.

    We guarantee that the video that we produce for you will contain the text that you supplied on the Site, and that the text will be arranged in the same number of lines, and number of characters per line as specified in your order.

    Characters will be in the same case as they appear in the Customised Preview on the Site. In some designs, only uppercase characters are available, and the Site will automatically change any lowercase characters entered into uppercase.

    Due to the animated nature of the products, your text will not necessarily remain the same size and position throughout the video - it will be animated in the same way as the text in the Sample Video provided on the website.

    In the event that the text on the video we supply is either different to what you specified (i.e. different characters), or is a significantly different size to the what was shown in the Customised Preview when you ordered, we will offer to supply a corrected video.

  5. Availability of the Service and The Site

    You understand and agree that although we will use reasonable efforts to ensure the Site is available to its Users, temporary interruptions of the services available through this Site may occur. The services available on this site are provided "AS IS" and the Company is not liable to you for any temporary interruption in Services.

  6. Your Personal Data

    By registering with us, you agree that all information provided to us is true and accurate and you will update this information in order to keep it current, complete and accurate. During the registration process, you will be asked to select a password. The password and your account are for your individual use only, and are not to be shared with anybody else. You agree to keep your password confidential at all times.

    You agree to be fully responsible for activities or transactions that relate to your account or your password. You must notify us immediately if you learn of an unauthorised use of your password.

    All information we obtain about you in connection with your use of the Services is subject to our Privacy Policy which you can view by clicking this link.

  7. Submissions

    We reserve the right to cancel any orders where we believe the specified text (referred to from here on as a ‘submission’) is unacceptable. In these cases we will provide a full refund.

    Examples of situations where we may consider a submission unacceptable would be if the specified text was: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals); victimise, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party; contains measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or are to be used for a commercial purpose of any kind. We do not endorse the contents of any Submissions, and expressly disclaim any and all liability in connection with Submissions. We do not pre-screen or routinely monitor Submissions. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

    You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

  8. Waiver of Right to Cancel

    In placing an order on the Site, you acknowledge that, due to the customised nature of the product, the right to cancel the contract under the UK The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 29(1) will be lost.

  9. Intellectual Property

    The Company is the owner and retains all proprietary rights to the Site, the services provided by the Site, and all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights under law. You are permitted to use the Site and its content only as specifically authorised by us.

    The Company's trademarks and/or service marks may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits the Company.

  10. Account Credits

    Users are able to purchase “Account Credits” (abbreviated to “Credits”) on the Site. Once purchased, Credits may be exchanged for the Service. The amount of Credits required in exchange for the Service will be calculated on the basis that one credit is equivalent to one Pound Sterling. So an order with a total of £15 would cost 15 credits.

    Credits only exist as integer values. When a discount is applied to an order, this may result in a price which isn’t an integer - eg £13.50. In this case, the cost in credits would be rounded up to the nearest integer - so an order totalling £13.50 would be charged as 14 credits.

    Credits have no monetary value, so once purchased cannot be refunded, and in the event of the Company ceasing trading, credits will have no value.

  11. Indemnification

    You agree to indemnify and hold the Company and its employees harmless from any liabilities, claims, expenses or demands, including reasonable legal fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with the Site’s terms of service, (e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.

  12. International Use

    Although this Site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from outside the United Kingdom do so on their own initiative and are responsible for compliance with local laws. In addition, this Site and the services provided under this agreement may be subject to United Kingdom export control regulations or the export control regulations of other countries. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that you are not located in a country that is subject to a United Kingdom government embargo.

  13. Termination of Use

    We may terminate or suspend your use of this Site at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. The following sections of these Terms of Service will survive termination: Intellectual Property, Limitation of Liability, Indemnification, Termination of Use, Referral Program, Governing Law, Miscellaneous.

  14. Referral Program

    The Company may offer a referral program, whereby an incentive is offered to a user ("Referrer") who refers another user to the Site. The Company reserves the right to discontinue, terminate or modify the referral program at any time. Credits or incentives awarded to a Referrer are not transferable, and have no cash value. Referrers are not agents of the Company, and are not authorised to make any commitment on behalf of the Company. The Company is not responsible for the conduct of Referrers, and Referrers agree to hold the Company harmless from and against any claims arising from Referrer's conduct. Referrer's participation in a referral program is expressly conditioned upon Referrer's agreement and compliance with the following:

    1. Referrer represents and warrants that (i) it will not mislead Users in any way, (ii) it shall not cause any transactions to be made that are not bona fide transactions initiated by User, including, but not limited to, using any device, program, robot, Iframes, or hidden frames.
    2. Referrer represents and warrants that none of its promotional activities will infringe the proprietary rights of the Company, Referrer will at all times during its participation in the referral program, comply with all applicable laws, rules, and regulations.
    3. Referrer represents and warrants that all promotional means used by it will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities).
    4. Referrer represents and warrants it will: (i) use ethical and legal business practices, (ii) comply with these Terms of Service, and (iii) maintain an industry standard privacy policy on Referrer's Site in compliance with all applicable laws, rules or regulations.
    5. Referrer represents and warrants that it will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with any laws and/ or regulations that govern email marketing and/or communications.
    6. Referrer represents and warrants that it will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software). Pop up/unders are acceptable on a first party basis only when triggered by Referrer's Site content /site visit or by downloadable software applications for which Referrer is the owner/operator. Pop up/unders delivered through downloadable software cannot engage in means that force clicks or perform redirects, or pop over a pay-per-click listing or natural search results.
    7. Referrer represents and warrants that it will not collect personally identifiable information of Users that would allow Bearman and Bearman to personally identify Users.
    8. Referrer agrees to indemnify, defend, and hold harmless the Company from any liabilities, claims, expenses or demands, including reasonable legal fees and costs, made or alleged by any third party due to or arising out of Referrer's Site or Referrer's breach of its warranties and representations hereunder.

    Any failure to comply with the above or using unapproved methods of referring third parties to the Site, including without limitation delivering the Site content in a framed environment, is a violation of this Terms of Service, will not result in a credit or incentive to Referrer, and may result in a termination or suspension of Referrer's account at the Company’s discretion.

  15. Governing Law

    The laws of England will apply to all matters relating to these Terms of Service, the use of this Site and/or services provided through this Site.

  16. Notices

    All notices to a User or to the Company shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to support@textinmotion.com, if by email, or at Bearman and Bearman, Unit 106 Ducie House, 37 Ducie Street, Manchester M1 2JW, if by conventional mail. Notices to you will be sent to the email address supplied for your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a next day courier with written verification of receipt; (3) five business days after the mailing date, if sent by 1st Class Royal Mail, (4) on the delivery date if transmitted by email; or (5) immediately if broadcast by the Company. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.

    Messaging services provided by social media such as Facebook and Twitter are not considered acceptable for notices.

  17. Miscellaneous

    You agree that this Agreement may be assigned by the Company, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void. This Agreement, together with the site Privacy Policy, shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto. Any attempt to modify or supplement the terms of this Agreement and/or the Privacy Policy shall be null and void unless agreed to in writing signed by both parties. Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision. In any action to enforce this Agreement, the prevailing party will be entitled to costs and legal fees.