Terms of Service

USER AGREEMENT

{client_name} (known as client) use of Small Screen Producer Services is subject to the terms and conditions set forth in these Terms of Service (the “Agreement”). This agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights Small Screen Producer has if you do something which is not allowed when using our Services; and (iv) many other important terms.

This Agreement is a legal contract between you and Small Screen Producer, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this contract. This contract supersedes any prior written or oral agreements between the parties. It is important that you read this contract carefully. If there is anything you do not understand in this Agreement, please contact us.

ELIGIBILITY, REGISTRATION, AND ACCOUNT SECURITY

The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.

If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.

You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Small Screen Producer, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.

You acknowledge and accept that despite the security measures Small Screen Producer takes in connection with the Services, Small Screen Producer’s system and/or Client Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Small Screen Producer may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Small Screen Producer shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Client Content and Client Websites.

DISCLAIMER OF WARRANTY

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” SMALL SCREEN PRODUCER AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “SSP PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE SSP PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE SSP PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY SMALL SCREEN PRODUCER OR SMALL SCREEN PRODUCER’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. SMALL SCREEN PRODUCER DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. SMALL SCREEN PRODUCER DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR SMALL SCREEN PRODUCER IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

LIMITATION OF LIABILITY

SMALL SCREEN PRODUCER SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL SMALL SCREEN PRODUCERS PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF SMALL SCREEN PRODUCER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

GOVERNING LAW AND JURISDICTION

Governing Law; Jurisdiction. This Agreement is made in according to the laws of the State of Texas. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the State of Texas. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Harris County, Texas. You irrevocably consent to the exclusive jurisdiction of such courts/

FORCE MAJEURE

Small Screen Producer is not liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond Small Screen Producer’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

INDEMNIFICATION

You agree to defend, indemnify and hold us and our agents, representatives, employees, and affiliates harmless from any liability or costs, including attorneys’ fees and expenses, resulting from: (a) any breach of a Client Representation; (b) your failure to comply with all Laws; (c) any act, omission or fault of you or your employees, agents or contractors in connection with the service (d) any claim that the Client Content or other information provided by you violates any applicable law or infringes on any third party patent, copyright, trademark, trade secret or other intellectual property or proprietary right; (e) any communication through your website landing page. (f) any breach of any applicable export control laws; (g) any transactions initiated through your website and any payment processing services. You will continue to be obligated by this Section even after the termination of this Agreement.

HIPPA DISCLAIMER

The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Small Screen Producer does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. Small Screen Producer does not sign “Business Associate Agreements,” and you agree that Small Screen Producer is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.

CLIENT’S RESPONSIBILITIES

All Client’s are required to comply with applicable law and have certain obligations with respect to their use of Small Screen Producer Services.

• Single Point of Contact. To obtain a clear, seamless communication process, The Client will designate one point of contact, that is given authority to make decisions regarding your project on behalf of the company. If point of contact changes throughout the project, a project change notice must be submitted. The client shall in return be assigned a dedicated Small Screen Producer account executive with who he/she can communicate.
• Asset Delivery. The Client must provide all of the content in a copy/paste digital format, i.e. Word, JPEG, Excel or another compatible format (Not PDF). The preferred method of delivery is through our project management software. We will show you how to upload to this preferred method during our Kickoff meeting. Client must provide its logo if Small Screen Producer is not contracted to create one.
• Website Security. It is exclusively Client’s obligation to maintain and control passwords to Client’s web site(s), hosting, domain, and Client exclusively is responsible for all activities that occur in connection with Client’s user name, password, as well as any and all scripts or programs added to the account by the Client or authorized users. Client agrees to immediately notify Small Screen Producer of any unauthorized uses of the Service or any other breaches of security. It is exclusively Client’s responsibility to update and secure any programs or scripts available via the Client’s hosting or WordPress interface. Small Screen Producer will not be liable for any loss or damages of any kind, under any legal theory, caused by Client’s failure to comply with any of the foregoing security obligations or caused by any person to whom Client grants access to Client’s Services, or due to any updates performed by Small Screen Producer pursuant to the terms of this section.
• Client Errors. Small Screen Producer is not liable for Client’s errors. The Client is responsible for all actions the client makes including but not limited to programing changes, deletions, additions, spelling, grammar, punctuation and the content of the copy, unless Small Screen Producer is contracted for that specific purpose. If in the course of production, Small Screen Producer creates an error that would adversely affect the effectiveness of the project, Small Screen Producer shall fix the error at its expense.
• Trademark, Copyright, Client Content and Appropriate Representation. You represent and warrant that: (i) you have the unrestricted right to use, and to grant the licenses you grant in this Agreement with respect to, all Client Content and that your licensing of Client Content to us will not infringe any third party copyright or trademark rights; (ii) you and your Products will comply with all applicable laws, orders, codes, regulations and requirements (“Laws”), and you and any individuals listed in your Products have all required licenses to provide the goods and services advertised in all jurisdictions where the Products appear; (iii) you have not made any false or misleading claims in any P (iv) in the event you use third-party social media logos or other branding in your advertisement(s), you are and will remain a member in good standing of each social media platform represented with logos and/or branding in your advertisement(s), in accordance with the rules and/or terms and conditions of such platforms; (v) you will comply with our digital privacy policy and terms of use as applicable.

OUR RIGHTS AS YOUR AGENCY

Small Screen producer uses third-party platforms and proprietary systems to manage marketing and advertising services for our clients. Any and all information regarding the development and management of Google, Bing and social media advertising accounts, including bidding strategy, research, audience and keyword development, landing pages banner ads and other graphics, are the property of Small Screen Producer with the exception of Client content and content we license from a third-party. It is understood that we may reuse advertising campaigns created by us, and other third parties, such as manufacturers, and revise for other Clients. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the “Work Product”) developed in whole or in part by Small Screen Producer in connection with the Services will be the exclusive property of Small Screen Producer. You are paying for a service, not ownership of the materials.

BILLING TERMS

General Billing Policies All accounts are set up on a prepaid basis. Payment must be received by Small Screen Producer before any billable product or service is provided/activated.

BILLING FEES

Late Fee: Small Screen Producer may assess the lesser of 3% of the maximum interest rate allowed by law as a late fee for accounts 15 days past due.

Collections Fee: In the event an account is submitted to a third-party collections service, a $250.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.

PAYMENT METHODS

Small Screen Producer accepts payments via ACH, eCheck or credit/debit card. Small Screen Producer currently accepts American Express, MasterCard, Discover and Visa credit/debit cards.

PROHIBITED USES

The uses of Small Screen Producer Services set forth in this section herein below are prohibited. The engaging in any prohibited use as set forth herein by Client or by any affiliate or Client of Client (as determined in the sole discretion of Small Screen Producer) constitutes a material breach of these Terms and will subject Client’s account to immediate termination without notice and without any refund.

• SPAMMING. Spamming, whether or not it overloads the Services or disrupts service to Small Screen Producer’s Clients, is prohibited. The term “Spamming” includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Small Screen Producer requires that all email messages contain an automated opt out. We do not allow purchased lists. Small Screen Producer’s Clients are required to follow all rules in the Can Spam Act (additional information at: http://business.ftc.gov/documents/bus61-can-spam-a… ) as well as our company spam rules. Small Screen Producer reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Small Screen Producer allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account.

• ONLINE PHARMACIES. No Client may utilize our Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.

• PROHIBITED OFFERINGS. No Client may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

• PRIVATE INFORMATION AND IMAGES. Clients may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent’s consent in the case of a minor).

• VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Small Screen Producer is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.

• CHILD PORNOGRAPHY. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Small Screen Producer is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

• OTHER ILLEGAL ACTIVITIES. The use of the Services to engage in any activity that is determined by Small Screen Producer, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, failure to comply with applicable on-line privacy laws or any executive orders, as well as any rules, regulations or orders issued by the Office of Foreign Asset Controls (“OFAC”). Small Screen Producer will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

• OBSCENE, DEFAMATORY, ABUSIVE OR THREATENING LANGUAGE. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

TERMINATION:

If for any reason Client terminates the project, Client will be liable to pay Small Screen Producer the full amount for work actually performed, up to the effective date of termination. No refund will be issued on funds already paid to Small Screen Producer.

Small Screen Producer reserves the right to terminate the project with or without cause. No refund will be issued on funds already paid to Small Screen Producer for work already performed as well as any work that has already been completed on the client’s behalf.

CLIENT ACKNOWLEDGEMENT:

The Client has read and accepts the entire Terms of Service and is responsible for final review and approval of all services provided by Small Screen Producer. This proposal is valid only for 30 days from the date of preparation

PAYMENT:

{client_name} shall pay Small Screen Producer in the amounts set forth in the Fees section plus applicable taxes if residing in the state of Texas.

There are no refunds on funds already paid to Small Screen Producer for work rendered.