Terms of Use

Agreement

These Terms of Use are an agreement between you and D. Winston Media, LLC. By using dwinstonmedia.com you agree to them and to our Privacy Policy. If you don't agree, please don't use the site.

Using the site

You may browse the site and share links to it. You agree not to:

• copy, download, scrape or redistribute videos, photos or text, except through a license we sell or grant;
• use site content to train artificial intelligence or machine-learning models without our written permission;
• interfere with the site's security or operation; or
• use the site for anything unlawful or misleading.

Our content

Unless stated otherwise, the site's design, photos, footage and text are owned by D. Winston Media, LLC or used with permission, and are protected by copyright. Portfolio pieces made for clients are shown to illustrate our work. The finished productions belong to their respective owners.

Client names and logos

Names, logos and trademarks of networks, brands and organizations belong to their owners. They appear on this site to identify productions we worked on. Their appearance does not mean those owners sponsor or endorse D. Winston Media.

Quotes and bookings

Sending a booking request does not create a contract or reserve dates. A production is confirmed only by a written quote or agreement signed or accepted by both parties. That agreement governs scope, deliverables, payment, usage rights, cancellation and revisions, and takes priority over these terms.

Stock footage purchases

• Every clip is licensed, not sold, under our Footage License Agreement. You must accept it before checkout.
• Prices are shown in U.S. dollars before payment. Any applicable taxes are shown at checkout.
• Payments are processed by PayPal. Download links are delivered after payment is confirmed.
• Refunds follow our Refund Policy.
• We may refuse or cancel an order for suspected fraud or a pricing error, and will refund any payment for that order.

Copyright complaints

If you believe content on this site infringes your copyright, email info@dwinstonmedia.com with:

1. your contact details;
2. the work you believe is infringed;
3. the URL of the material;
4. a statement that you have a good-faith belief the use is not authorized;
5. a statement, under penalty of perjury, that your notice is accurate and you are the owner or authorized to act for the owner; and
6. your physical or electronic signature.

Send notices to our designated copyright agent:

Copyright Agent, D. Winston Media, LLC
P.O. Box 305865, St. Thomas, U.S. Virgin Islands 00803
Email: info@dwinstonmedia.com
Phone: +1 (340) 344-1733

If we remove material because of a notice and you believe it was removed by mistake, you may send a counter-notice with your contact details, the material removed and where it appeared, a statement under penalty of perjury that you believe it was removed by mistake or misidentification, your consent to the jurisdiction of the federal district court for your address (or, outside the United States, any judicial district where we may be found), and your signature. We respond to valid notices and counter-notices under the Digital Millennium Copyright Act (17 U.S.C. § 512).

Other websites

Links to YouTube, IMDb, social networks, PayPal and other sites are for convenience. We don't control those sites and aren't responsible for them.

No warranties

The site is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, except as stated in a signed agreement or the Footage License Agreement.

Limitation of liability

To the extent the law allows, D. Winston Media, LLC is not liable for indirect, incidental, special, consequential or punitive damages arising from your use of the site. Our total liability for any claim relating to the site is limited to the amount you paid us, if any, in the twelve months before the claim. Nothing in these terms limits liability that cannot be limited by law.

Indemnity

You agree to indemnify D. Winston Media, LLC against claims arising from your misuse of the site or breach of these terms.

Governing law

These terms are governed by the laws of the U.S. Virgin Islands and applicable U.S. federal law. Disputes will be resolved in the courts located in St. Thomas, U.S. Virgin Islands, unless the law of your home country gives you the right to bring a claim where you live.

General terms

• Who can buy. To buy a license you must be at least 18 and, if you buy for an organization, authorized to bind it.
• Electronic communications. You agree that orders, notices and agreements we exchange electronically satisfy any requirement that they be in writing.
• Entire agreement. These terms, our Privacy Policy and, for purchases, the Footage License Agreement are the whole agreement about the site. A signed production agreement governs any booking.
• Severability. If a court finds any part of these terms unenforceable, the rest stays in effect.
• No waiver. If we don't enforce a term right away, we can still enforce it later.
• Assignment. You may not transfer your rights under these terms without our written consent. We may transfer ours to a successor business.
• Events beyond control. We aren't responsible for delays caused by events outside our reasonable control, such as storms, outages or government action.

Changes

We may update these terms by posting a new version with a new date. Changes don't apply to orders already placed.

Contact

D. Winston Media, LLC
P.O. Box 305865, St. Thomas, U.S. Virgin Islands 00803
Email: info@dwinstonmedia.com
Phone: +1 (340) 344-1733