Updated: July 25, 2018
Your access to and use of Our advertising products and services (the "Service") is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Site.
By accessing or using the Site or Service, or purchasing from the Site, you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Site.
By contacting us on this website or otherwise engaging our services, you agree to receiving other information we may send. However, you may opt out of receiving any, or all, of these communications from us by replying to such emails and requesting to opt out of further emails.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
When You purchase products or services from the CheapTVSpots.com website, you are entering into an agreement with Us.
This agreement is entered into between Academy Leader, Inc./Cheap TV Spots™ (“Agency,” “We”), and an Advertiser whose name appears on records of these purchases ("Client," "Advertiser," “You”). This agreement is generally for Agency to produce a videotaped commercial (“Commercial,” “Production,” “Clip”).
1. Procedure. Cheap TV Spots™ is a prepaid service. There are no refunds once work has started; see How We Work on this website. We will confer with You as to your objectives, and to become familiar with your product or service. After the commercial is completed, Agency will provide Client with a View Copy electronic video clip via e-mail. Client will review the text in the commercial for typos, and return the completed “OK TO AIR” form. Changes included in the purchase price are limited to spelling and contact information corrections, or mistakes or omissions introduced by us.
2. Specifications and Delivery Items. Unless otherwise specified, all pertinent photography and opticals will be within the television safety margin of the U.S. Broadcast Standard video frame size so as to be visible to the television viewer. Production will be at minimum NTSC 525-Line U.S. Broadcast Standard or per Network Format requested. Specific features of the produced video vary based on the services purchased. Delivery of one Broadcast file and a network View Copy or video upload to one TV network is included. If additional networks are specified by Client, additional broadcast format video files are supplied to networks where airing is scheduled by Agency for a service fee of $199 including dubbing, shipping and handling (USA markets). Additional View Copies or uploads for network clearance are billed at $99 plus shipping and handling.
3. Warranty. You warrant that you have full right and power to enter into this Agreement. You further warrant that you will obtain and furnish to Agency prior to the delivery of the completed commercial, any legal and effective written consents, if required by Agency, to insure the unlimited and unrestricted broadcast exhibition and use in any way or place worldwide of said commercial or any part thereof, without limitation, in any media and by any means now known or hereafter devised, for any and all purposes including trade, publicity and advertising without limitation as to time, products use or otherwise, by Client, Agency, exhibitors, or broadcasters.
4. Grant of Rights To Agency. Client grants Agency the right to incorporate images, video clips, audio clips, logos, and other materialssupplied by the Client, including those used on the Client’s web site, within the Production, and indemnifies and holds Agency harmless for their use. Agency will have the right, but not the obligation, to use the Production in, or in connection with, the distribution, broadcast, cablecast, promotion, publicity and/or webcast of the Production, its derivatives and variations forever and throughout the world in any manner, for any purpose, and by any means whatsoever.
5. Safeguarding of Property. We shall take all reasonable precautions to safeguard any of your product samples or property entrusted to our custody or control, but in the absence of negligence on our part or willful disregard by us for your property rights, we shall not be responsible for any loss, damage, destruction, or unauthorized use by others of any such property. Unused product samples can be returned at Client’s expense if requested within 30 days of completion of the Production.
6. Indemnities (Television Production or Agency Services).
a. You agree to indemnify and hold harmless Agency and all of its officers, directors, employees and agents ("Those Indemnified") for any and all losses, damages, liabilities, claims, costs or expenses, including reasonable attorneys' fees, incurred directly or indirectly by Those Indemnified in connection with the use of the commercial for any
unlawful, unauthorized or prohibited purpose.
b. In the event of any proceeding against You by any regulatory agency or in the event of any court action or self-regulatory action challenging any advertising prepared by Those Indemnified, you will reimburse Those Indemnified any out-of-pocket costs we may incur in connection with any such action or proceeding.
c. You agree to indemnify and hold Those Indemnified harmless with respect to any death, financial or personal injury, or property damage claims or actions arising from the use of your products or services. You will indemnify and hold Those Indemnified harmless with respect to any claims or actions instituted by third parties which result from the use by Those Indemnified of material and images furnished by you, including images from the client’s web site, brochures, CDs and other materials supplied by Client.
7. Copyright & License - Video Productions.
Video productions are subject to a non-exclusive, limited, nontransferable seven (7) year Airing License agreement between you and Agency which is immediately cancelable by Agency should Client breach any payment or use agreement. The images contained in the completed commercial are proprietary and copyright of their respective owners. This copyright is protected under U.S. and International copyright law. Film and photographic libraries that have granted Agency special permission to include their respective material as part of the Commercial, own and reserve all rights. Agency retains the copyright for the completed commercial. The commercial may not be altered, or incorporated into any other work. The commercial may not be transferred to third parties through the use of on-line services or networks without written permission of the Agency. You may not sell, sublicense, loan, give, or transfer any part of the commercial or a copy thereof to another person or company without permission of, or license by, the Agency.
“Do It Yourself” clients wishing to distribute the TV commercial or video themselves are granted this exclusive seven (7) year Airing License, which entitles Client to display and distribute the video production in its original delivered condition, an unlimited number of times, on any media, worldwide, as long as the video and audio elements are not re-edited, altered, or repurposed in any way. Client retains full ownership of any original video, photos, graphics, and/or other raw materials provided to Agency for the purpose of assembling the video production.
8. Arbitration of Disputes. The sole remedy for the resolution of disputes between the parties to this agreement shall be arbitration before one arbitrator, in accordance with the customary Commercial Arbitration Rules of the state of Florida, such arbitration to be held in the State of Florida.
We are constantly updating product and service offerings of the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service includes use of certain information, text, graphics, videos, or other material ("Content") provided by you for the purpose of inclusion in your video production. You are responsible for the Content that you provide, including its legality, reliability, and appropriateness.
By providing Content, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the public display of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit to Us and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party provides to Us. However, by providing Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
In addition, Content on this site is the property of Academy Leader, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you start an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by clients), features and functionality are and will remain the exclusive property of Academy Leader, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent.
Our Service may contain links to third party web sites or services that are not owned or controlled by Us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use the Website or the Service, by you or any person using your account; b) a breach of these Terms, or c) Content posted on the Service.
In no event shall Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Site is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms, including the Television Advertising / Agency Services terms, shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Venue for any action arising under the terms of this agreement shall lie exclusively in Florida. In any action to enforce the terms of this agreement, the prevailing party shall be entitled to recover their reasonable attorney’s fees and costs including, without limitation, fees and costs for arbitration, confirming or enforcing any arbitration award, appeal (whether of a final or a non-final order or judgment) and fees and costs for collecting on any judgment.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between Us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
This Agreement constitute the entire agreement between the contracting parties concerning the subject matter hereof. All prior agreements, discussions, representations, warranties, and covenants are merged herein. There are no warranties, representations, covenants, or agreements, express or implied, between the parties except those expressly set forth in this agreement. Any amendments or modifications of terms described in this Terms of Service shall be in writing and executed by the contracting parties.
By purchasing goods or services via this website, your payment signifies your consent to these Terms.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.