1. Agreement to these Terms
By accessing or using the Site, requesting or viewing a demo or spec film, or otherwise contacting us, you agree to these Terms of Use and to our Privacy Policy, Cookies Policy and AI Policy. If you act for a company, you confirm that you are authorized to accept these Terms for it, and "you" includes that company.
If you commission, order, subscribe to or pay for any work, our Client Terms also apply and are incorporated into every proposal, quote, statement of work and invoice we issue.
We may update these Terms. The "Last updated" date shows the current version; continued use of the Site after a change means you accept it. Changes do not apply retroactively to a signed statement of work.
2. What the Site is
The Site describes our film production services for companies in every industry, from manufacturing, logistics and construction to healthcare, energy, hospitality and technology. Browsing the Site, sending a request or receiving a demo does not by itself create a service agreement, an order or an obligation to buy.
Paid work is governed by our Client Terms together with a proposal, quote, order or statement of work accepted by you ("SOW").
3. Demos and spec films are our property
A "Demo" is any spec film, sample, preview, pitch, storyboard, script, concept, mock-up, still or other material we prepare to show what we could make for you, whether or not you asked for it and whether or not it is free. Unless a signed SOW says otherwise and you have paid in full:
- every Demo, and all copyright and other rights in it, belongs exclusively to HDC Brands LLC;
- a Demo is shown to you privately, for internal evaluation only, and no license of any kind is granted;
- you may not download, record, screen-capture, copy, publish, broadcast, post, send to third parties, edit, translate, remove watermarks or notices from, or use a Demo or any part of it in advertising, sales, presentations, pitches, social media or any other way;
- you may not recreate, imitate or brief another studio, agency, freelancer or AI tool to produce a substantially similar work from a Demo, its concept, script, scenes, structure or style;
- names, marks and public information about your company appear in a Demo only to make the private sample relevant; this never implies endorsement by or affiliation with your company;
- we will not publish a Demo that names or depicts your company without your written permission, and we will delete it on your request.
Any use of a Demo without a signed SOW and full payment is unauthorized use and infringement, handled as described in the Client Terms, including our right to invoice an unauthorized-use fee and to seek injunctive relief.
4. Use of the Site
You may use the Site only for lawful purposes. You agree not to:
- interfere with or disrupt the Site or its security, or attempt unauthorized access to any system or data;
- copy, download or extract films, images or other content from the Site, including by automated means or to train AI models;
- transmit malicious code, spam or unsolicited communications through the Site;
- misrepresent your identity, company or authority when contacting us.
5. Materials you send us
If you send footage, images, logos, documents, briefs or other materials ("Your Materials"), you confirm you have the right to share them and allow us to use them to respond to you and prepare the work you asked for. You keep all rights in Your Materials, and we do not use them to train our own or any third party's AI models.
Unless a confidentiality agreement applies, please do not send trade secrets through the Site; we are happy to sign a mutual NDA first.
6. Intellectual property
The Site and all of its content, including the AndCut Films name and logos, text, films, demos, imagery, designs, graphics and code, are owned by HDC Brands LLC or its licensors and are protected by United States and international copyright, trademark, trade-secret and unfair-competition laws. Viewing the Site gives you no license except to view it in your browser. All rights not expressly granted are reserved.
Some elements of our films are created with AI tools under human direction. Whether or not any element is protected by copyright in a given country, your obligations under these Terms and the Client Terms apply to all of it as a matter of contract.
7. Copyright complaints
If you believe content on the Site infringes your copyright, send a notice to legal@andcutfilms.com with: your contact details; the work you claim is infringed; the material and where it appears; a statement of good-faith belief that the use is unauthorized; and a statement, under penalty of perjury, that your notice is accurate and you are authorized to act. We respond to notices consistent with the US Digital Millennium Copyright Act.
8. AI-generated content
Imagery and films on the Site and in our work are produced with AI tools under human direction and are labeled as AI-generated where required. Our AI Policy explains how we disclose AI use, protect likeness and voice, and handle client materials.
9. Third-party links and services
The Site may link to third-party websites and services. We do not control and are not responsible for their content, policies or practices.
10. Disclaimer of warranties
THE SITE AND ANY DEMO ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY FILM WILL PRODUCE A PARTICULAR BUSINESS RESULT.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HDC BRANDS LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THE SITE OR ANY DEMO. OUR TOTAL LIABILITY ARISING OUT OF THE SITE OR ANY DEMO WILL NOT EXCEED ONE HUNDRED US DOLLARS (US $100).
Paid work is subject to the liability terms in the Client Terms. Nothing here limits liability that cannot be limited under applicable law.
12. Indemnification
You agree to indemnify and hold harmless HDC Brands LLC from claims, damages, liabilities and expenses, including reasonable attorneys' fees, arising from your misuse of the Site or any Demo, Your Materials, or your breach of these Terms.
13. Governing law and disputes
These Terms and any dispute arising from the Site, a Demo or your communications with us are governed by the laws of the State of New Jersey and applicable United States federal law, without regard to conflict-of-law rules. Disputes will be resolved exclusively in the state courts located in Bergen County, New Jersey, or the United States District Court for the District of New Jersey, and you consent to their jurisdiction and venue. We may seek injunctive relief to protect our intellectual property in any court of competent jurisdiction. The UN Convention on Contracts for the International Sale of Goods does not apply.
If you are a consumer, you may have rights under the mandatory laws of your country of residence that these Terms do not override.
14. Export and sanctions
You may not use the Site or our services in violation of United States export-control or economic-sanctions laws, or if you are located in, or acting for a party in, a jurisdiction or on a list subject to comprehensive US sanctions.
15. General
If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. These Terms, with the policies referenced above and, for paid work, the Client Terms, are the entire agreement between you and us about the Site.
16. Contact
HDC Brands LLC, doing business as AndCut Films
New Jersey, United States
General: hello@andcutfilms.com · Legal and rights: legal@andcutfilms.com · Privacy: privacy@andcutfilms.com