Disclosures, Terms of Use, and Privacy Policy

Introduction

Welcome to Motion Swell, owned and operated by Shred Shack LLC.

We are committed to protecting your privacy and providing a secure and enjoyable online experience. This document outlines our Disclosures, Terms of Use, and Privacy Policy that govern the manner in which we collect, use, maintain, and disclose information collected from users (each, a "User") of the Motion Swell website and services ("Site").

1. Acceptance of Terms

By accessing and using Motion Swell's website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with these terms, please do not use our services.

2. Services Description

Motion Swell provides video production, editing, and related creative services. All services are provided subject to these Terms of Use.

3. Intellectual Property

3.1. Content Ownership: All content on the Site, including but not limited to text, graphics, logos, images, videos, audio clips, and software, is the property of Motion Swell/Shred Shack LLC or its content suppliers and is protected by copyright laws.

3.2. Client Projects: The ownership of deliverables will be specified in individual service agreements. Unless otherwise stated in writing, clients will receive a license to use the delivered content for specified purposes, while Motion Swell retains the underlying intellectual property rights.

3.3. Portfolio Usage: Unless explicitly prohibited in writing, Motion Swell reserves the right to display portions of completed client projects in its portfolio and promotional materials.

4. User Conduct

Users agree not to:

  • Use the Site for any illegal purpose or in violation of any local, state, national, or international law

  • Violate or encourage others to violate the rights of third parties

  • Interfere with or disrupt the operation of the Site

  • Impersonate any person or entity, or falsely state or misrepresent their affiliation with a person or entity

  • Engage in any harmful, fraudulent, deceptive, or manipulative activity

5. Payment Terms

5.1. Fees: All fees are as stated in project proposals or service agreements.

5.2. Payment Schedule: Payment schedules will be outlined in individual service agreements. Typically, a deposit is required before work begins.

5.3. Late Payments: Late payments may be subject to additional fees as specified in service agreements.

6. Revisions and Acceptance

6.1. Revisions: The number of included revisions will be specified in individual service agreements.

6.2. Additional Revisions: Revisions exceeding the included amount may incur additional charges.

6.3. Timeline: Project timelines are estimates and may be affected by client response times and revision requests.

7. Limitation of Liability

7.1. Motion Swell and Shred Shack LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use of or inability to use our services.

7.2. Our liability is limited to the amount paid by the client for the specific project in question.

8. Indemnification

You agree to indemnify, defend, and hold harmless Motion Swell, Shred Shack LLC, its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses arising from your use of our services or violation of these Terms.

9. Termination

9.1. Motion Swell reserves the right to terminate service to any client for violation of these Terms.

9.2. Termination procedures and related fees will be outlined in individual service agreements.

10. Changes to Terms

Motion Swell reserves the right to modify these Terms at any time. Updated Terms will be posted on our Site with the effective date.

Privacy Policy

1. Personal Identification Information

We may collect personal identification information from Users in various ways, including but not limited to when Users visit our Site, contact us about services, place an order, subscribe to our newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features, or resources we make available.

Users may be asked for, as appropriate:

  • Name

  • Company Email Address

  • Job Title

  • Company information

  • Payment information

Users may visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us.

2. Non-personal Identification Information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include:

  • Browser type

  • Device type

  • Operating system

  • Internet service provider

  • IP Address

  • Refferal source

  • Visit duration

  • Pages visited

3. How We Use Collected Information

Motion Swell/Shred Shack LLC may collect and use Users' information for the following purposes:

  • To provide and improve our services: Information helps us respond to customer service requests and support needs more efficiently.

  • To personalize user experience: We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.

  • To process transactions: We may use the information Users provide when placing an order only to provide service to that order.

  • To send periodic emails: The email address provided may be used to send information and updates pertaining to their order or inquiry. It may also be used to respond to inquiries and/or other requests.

  • To send marketing communications: With consent, we may send promotional content about our services, special offers, and updates.

4. How We Protect Your Information

We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information, username, password, transaction information, and data stored on our Site.

5. Sharing Your Personal Information

We do not sell, trade, or rent Users' personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers.

We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes.

6. Third-party Websites

Users may find content on our Site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site.

7. Cookies and Tracking

Our Site may use "cookies" to enhance User experience. Users' web browsers place cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies or to alert them when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

8. Children's Privacy

Our Site is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If we learn we have collected personal information from a child under 13, we will promptly delete that information.

9. Your Rights

Depending on your location, you may have certain rights regarding your personal information, such as:

  • Right to access and review your personal information

  • Right to correct inaccurate information

  • Right to delete your information

  • Right to data portability

  • Right to restrict processing

  • Right to object to processing

To exercise these rights, please contact us using the information provided below.

10. Changes to This Privacy Policy

Motion Swell/Shred Shack LLC has the discretion to update this Privacy Policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect.

Disclosures

1. Business Information

  • Legal Business Name: Shred Shack LLC

  • Operating As: Motion Swell

  • Business Type: Video Production Agency

2. Service Disclaimers

2.1. Project Timelines: While we strive to meet all deadlines, timelines provided are estimates and may be subject to change based on project complexity, client response times, and revision cycles.

2.2. Results: While we make every effort to deliver high-quality work that meets client objectives, we cannot guarantee specific business results from our video services.

2.3. Third-party Services: We may use third-party services (music licensing, stock footage, etc.) in our productions. These services are subject to their own terms and conditions.

3. Content Responsibility

Clients are responsible for ensuring that all content they provide for use in videos (including but not limited to scripts, images, music, trademarks) does not infringe on any third-party rights.

4. Portfolio and Promotional Use

Unless explicitly prohibited in writing, we reserve the right to use completed projects in our portfolio and promotional materials.

5. Contact Information

For questions about these Terms, Privacy Policy, or Disclosures, please contact us at:

Motion Swell
A Division of Shred Shack LLC
2145 Highway 35, #1032
Sea Girt New Jersey 08750
hello@motionswell.com

Last updated: May 14, 2025