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Terms of Service

Terms of Service
Last modified: September 30, 2020

This website is provided by Spexster, Inc., a Delaware corporation (“Spexster” or “Company”) for creators to have a platform and marketplace to show, adapt and sell their work to millions of potential buyers in need of fast, affordable and top quality advertising and for advertisers to browse a library of pre-made ads for sale or licensed usage. This website is located at https://www.spexster.com.

These Terms of Service (“Terms”) govern your access and use of the Site and all services available through the Site (“Services”). “You” means any registered account holder, any adult (over the age of 18) user of the Site, or any parent or guardian of any minor whom you allow to use the Site and the Services, and for whom you will be held strictly responsible.
If you are a minor, as used in these Terms meaning persons under 18 years of age, you must obtain the permission of your parent or guardian prior to using the Site or Services. If you do not obtain such permission, do not use the Site or Services. The Site and Services are not intended for use by children under the age of 13.

Please read these Terms carefully. These Terms govern your access to and use of the Site. By clicking on the button marked “I agree” you signify your assent to both these Terms and our Privacy Policy, which is available at spexster.com/privacy-policy. Changes may be made to these Terms from time to time. Your continued use of the Site or Services will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the Site or Services.

Limited License
Spexster grants you a limited license to access the Site and use the Services subject to these Terms for your lawful commercial business use only.

You acknowledge that Spexster may, in its sole discretion and at any time, stop providing any part of the Site or the Services without notice. You also acknowledge that Spexster reserves the sole right to amend the Site and any of the Services (including any support services). You understand and agree that Spexster will not be liable to you or any third party, if for any reason, all or any part of the Site or the Services are unavailable at any time or for any period. From time to time, Spexster may restrict access to some parts of the Site or the Services to you, even if you are a registered user.

By accessing the Site using the Services, you represent and warrant that (a) you will to provide accurate, current, and complete information when you submit registration information to Spexster; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent’s or guardian’s permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party.

You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Spexster.

These Terms will take effect immediately upon commencement of your access of the Site or your use of the Services and will remain in force and effect for as long as you are allowed to continue to use the Services or access Site.

Changes to the Terms of Service
Spexster may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to the Site and use of the Services. Your continued access to the Site or uses of the Services following the posting of a revised Terms of Service means that you accept and agree to the changes. You are encouraged to check this page from time to time so that you are aware of any changes, as they are binding on you.

Account Registration
You may register for an account with Spexster by registering as a Registered User of the Site (“Spexster Account”). To be a Registered User, you are required to create a username and a password that can be obtained by providing certain information about yourself as prompted by Spexster’s online registration form, including your first and last name, your birthday, and a valid email address at which you are able to receive email (“Registration Data”). You may not create a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms and common practices.

In order to access some of the Services on the Site, you must be a Registered User that has a Spexster Account.

You acknowledge that all information you provide to Spexster when registering to become a Registered User are accurate, current and complete. You shall have all responsibility for any inaccuracies in any information you provide to us, or in respect of your failure to keep such information up to date.

Spexster reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish on the Site, all at its sole discretion. Spexster may also suspend or terminate your Spexster Account, for any reason, in its sole discretion and without notice, and remove from the Site any Content (as defined below) associated with your Spexster Account. Grounds for such termination may include but is not limited to: (i) extended periods of inactivity, (ii) violation of the Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Spexster.

You should not reveal your password to other users. We will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates these Terms. If your account is terminated, you may not open an account again without Spexster’s express permission.

You agree to immediately notify Spexster of any unauthorized use of your Spexster account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Spexster will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold Spexster harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to support@spexster.com that your account has been compromised, and have requested us to block access to it. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of your Spexster Account on the Site. You may be held liable for losses incurred by Spexster or another party due to someone else using your Spexster Account. You should log out from your account at the end of each use.

Your Spexster Account on the Site may not be sold or otherwise transferred to another person or entity and is limited to one single user per Spexster Account.

If your use of the Site is on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these Terms.

You may delete your account at any time, for any reason, by notifying us via e-mail to support@Spexster.com.

Any suspension or deletion of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination. On termination, you lose the right to access part of the Site or use the Services that are only available for Registered Users.

You agree that all information you provide to register with Spexster or otherwise is governed by our Privacy Policy as available at Spexster.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Service Payment Terms
The Spexster Site provides an online marketplace service that crowd-sources top quality, open-ended spec commercials for tv, web, and social media that can be creatively woven into different brands’ needs. Both creators of these commercials and advertisers looking to buy or rent such commercials can benefit from the Services available on the Site.

Only upon creating a Spexster Account, you may choose to sign up for a Spexster paid services and receive our Services based on the following pricing policies:

Creators with a Spexster Account may opt into the “Pro-Spexster Program” by paying a subscription fee and gain helpful benefits from Spexster and get a competitive edge on the Site.

Creators will be billed for the subscription fee on a periodic (monthly, annual, or otherwise) billing cycle and the cycle starts on the date that the Creator opts into the Pro-Spexster program.

Unless the Creator cancels the subscription in the Spexster Account page, or notifies Spexster of the decision to cancel prior to the end of a billing cycle, the subscription will automatically renew at the then-current fee at the end of such billing cycle and a new cycle of Pro-Spexster program will automatically commence on the first day following the end of the prior billing cycle.

Spexster reserves the right to change the Pro-Spexster program subscription fee for any renewal term to be effective upon the renewal of such subscription.

Failure to pay the Pro-Spexster program subscription fee will forfeit a Creator’s right to enjoy the benefits of the Pro-Spexster and Spexster shall have the right to terminate your access to Pro-Spexster program without prior notice.

Spexster reserves the right to change or supplement the Pro-Spexster program subscription plan fees and any other charges and billing procedures. Such changes shall be effective immediately upon posting an update of these Terms or posting such changes elsewhere on the Site.

Creators with a Spexster Account who choose not to opt into “Pro-Spexster program” will not need to pay the Pro-Spexster program subscription fee and will only be required to pay Spexster twenty percent (20%) of all non-refundable gross monies actually received by Spexster from an advertiser that buys or rents the Creator’s commercials uploaded to the Site, less any applicable use, value added, remittance, or other taxes as Spexster’s revenue share for hosting the Creator’s commercials (“Revenue Share”).

Spexster will collect all revenue from advertisers in connection with the commercials Creators uploaded to the Site under their Spexster Account, which Spexster then pass on to the Creators less Spexster’s Revenue Share.

Creators with a Spexster Account license to Spexster, the exclusive distribution rights to all commercials uploaded to the Site for a period of minimum 60 days, although the Creators remain as the intellectual property owner of the commercials and control the other relevant rights.

There is a 60-day minimum commitment period for any commercials the Creators upload to the Site, it is the Creators’ obligations to keep their uploaded commercial on the Site for at least 60 days.

Creators may communicate with the advertisers only through the Site, but not directly.

Buy – As an advertiser with a Spexster Account, you may buy an ad in perpetuity for a higher price to own the content. This takes the Ad “off the market” to other interested buyers. Creators set their own price for their work with rate guidance from Spexster. You will enter an assignment agreement with the creator of the content.

Rent – As an advertiser with a Spexster Account, you may rent an ad for a limited time frame, e.g., 13 weeks, 26 weeks or 52 weeks, etc. This means that you will not own the content and the Creators retain the right to resell the ad to other interested licensees after the period time that the ad is rented to you. To obtain an extension of the rental term, the advertiser may contact the Creator through the Site.

Communications with the Company
When you access the Site or use the Services, you are communicating with us electronically, and you consent to receiving communications from us electronically. The Company may provide you with use of email support services to enable you to communicate with the Company (“Communication Services”). You hereby acknowledge your consent to the following communications from the Company: messages posted to your Spexster Account on the Site, email from the Company regarding the Services; and updates about changes to the Site or the Services.

Intellectual Property Rights
The Site, the Services we provide you, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, featured images, video and audio, and the design, selection and arrangement of the above), are owned by the Company, its suppliers, or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other applicable intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, store or transmit any of the material made available to you on Spexster, except: your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials on either of your computer or mobile device, respectively, you may store files that are automatically cached by your Web browser for display enhancement purposes,

You must not:
modify copies of any materials from the Site without appropriate licenses; delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.

If you wish to obtain the necessary license to make use of any material on Site, please email support@Spexster.com.

If you print, copy, modify, download or otherwise use or provide any other person, organization, company, or business with access to any part of Site in breach of these Terms, your right to access the Site and use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Spexster or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Spexster.

The Company name, the term “Spexster” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners, where applicable.

Content as used in these Terms means the commercials video clips and the music incorporated in them.

If you are a Creator that has a Spexster Account, you may be able to upload Content to the Site. Advertisers with Spexster Accounts may buy or rent the Content to promote their business or artistic enterprise. If you choose to upload Content, you must not submit to the Site any Content that does not comply with these Terms or any applicable law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Site. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

You retain ownership rights in your Content. However, we do require you to grant certain rights to Spexster and other users of the Site, as described below:
By uploading Content to the Site, you grant to Spexster a worldwide, exclusive, royalty-free, sublicensable and transferable license to use that Content to distribute, display and perform it in connection with the Service the Site’s (and Spexster’s successors’ and affiliates’) business.

You also grant each other users of the Site a worldwide, non-exclusive, royalty-free license to access your Content through the Site, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as the buy or rent functions).  

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Site. You understand and agree, however, that Spexster may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.

Each Creator that has a Spexster Account are allowed to have up to 6 active videos displayed on their profile. Only the active videos are able to be seen by Advertisers or to be purchased or rent by Advertisers.
You may deactivate your Content from the Service at any time after the 60-day commitment period to make it inactive. You must deactivate your Content if you no longer have the rights required by these Terms.
If Spexster reasonably believes that any Content is in breach of these Terms or may cause harm to Spexster, our users, or third parties, we may remove or take down that Content in our sole discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Spexster; (b) would compromise an investigation or the integrity or operation of the Site; or (c) would cause harm to any user, other third party, Spexster or our affiliates.

Copyright Protection

We respect the intellectual property rights of others and request all users of the Site to do the same.

If you believe your copyright has been infringed on the Site, please notify us by email at copyright@Spexster.com to submit a written notification, stating the location of the work claimed to be infringing.

Upon the receipt of written notification of infringement and subject to applicable copyright laws, Spexster may remove or disable access to any such Content.

To be effective, the notification of claimed infringement must be a written communication that includes substantially the following:

A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;

Identification of the work and the pertinent exclusive legal right claimed to be infringed, or if multiple works or legal rights are covered by a single notification, a representative list of such elements;
Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the precise location on the Services where they discovered the work claimed to be infringing;

Information reasonably sufficient to permit us to contact them, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

A statement that they have a good faith belief that the use of the material, in the manner complained of, is not authorized by the copyright owner, its agent, or the law;

A statement that the information in the notification is accurate, and under penalty of perjury, that they are authorized to act on behalf of the owner of copyright that is allegedly infringed.
After receiving the communication, Spexster may ask person who submitted the claimed infringement to provide further or supplemental information, prior to removing any Content on the Site, as we deem necessary to comply with applicable law. We may also provide the user who uploaded the allegedly infringing content, with the contact details of person who submitted the claimed infringement, in order for the former to be able to contact the latter and challenge the claim.

Counter Notification
If Spexster removes material that a user of the Site submitted for posting, pursuant to a notification of claimed infringement that we received, then that user has an opportunity to respond to the notification and our takedown by submitting a counter-notification. To be effective, the counter notification must be a written communication that includes substantially the following:

The user's physical or electronic signature;

Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;

A statement, under penalty of perjury, that the users has a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;

User's name, address, and telephone number, and a statement that the user consents to the jurisdiction of the competent courts in any judicial district in which their address is located or in which they may be found, and that they will accept service of process from the person who provided notification or an agent of such person.

After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification.

We may then repost the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless Spexster first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain such user from engaging in infringing activity relating to the material on the Site.

Spexster reserve the right to deny or cancel any instance of your use of the Site, or terminate your Spexster Account altogether, if we determine, at our sole discretion, that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice or a user whose uploaded material was removed from the Services more than twice.

Any person who knowingly materially misrepresents that certain material is infringing, or certain material was removed or disabled by mistake or misidentification may be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.

Please contact Spexster’s copyright agent for all alleged infringement-related notifications:

Email address: copyright@Spexster.com

No Unlawful or Prohibited Use
You agree to use the Spexster Site and Services only for your lawful purposes and in accordance with these Terms.

You agree not to use the Spexster Site and Services:

for any unlawful purpose or in any way that violates applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);

to impersonate or attempt to impersonate the Company, a Spexster employee or agent, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing);

to engage in any other conduct that interferes, restricts or inhibits anyone’s use or enjoyment of the Site or the Services, or which, as determined by us, may harm Spexster other users of the Site or expose them to liability;

to use the Site or Service in any manner that could damage, disable, overburden, or impair any Spexster server, or the network(s) connected to any Spexster server;

to gain unauthorized access to the Service or others’ Spexster Accounts, computer systems or networks connected to any Spexster server or to any of the Content, through hacking, password mining or any other means;

to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or Service;

to use any robot, spider or other automatic device, process, or means to access the Site for any prohibited purposes, including monitoring or copying any of the material presented thereon,

to use any manual process to monitor or copy any of the material on the Site, or for any other unauthorized purpose without Spexster’s prior written consent;

to use any device, software or routine that interferes with the proper working of and delivery of the Services;

to introduce any viruses, trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful;

to monitor the Site’s availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of developing any product or service to compete against Spexster;

to attack the Site via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack or otherwise attempt to interfere with the proper working of the Site;

to use the Site in any way that is inappropriate or disrespectful of other users, including, but not limited to, select a username that contains profanity or racial slurs, upload inappropriate or offensive contents. Spexster reserves the sole discretion in determining what is inappropriate or disrespectful.

Third-Party Materials.
The Site might display, include or make available third-party content (including data, information, commercials, or other materials) or contain links to third-party websites, services, and advertisements for third-parties (collectively, the “Third-Party Materials”). You agree that Spexster is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Spexster does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Materials.

Disclaimer of Warranties.
You understand that Spexster cannot and do not guarantee or warrant that files available for downloading from the Internet or the Site, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data or other proprietary material due to your use of the Site or any Services or items obtained through the Site or to your downloading of any material posted on it, or on any website or app linked to it.

Your access of the Site, its content and any Services we provide is at your own risk. The Site, its content and any Services it provides are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. You understand and agree that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content, user communications or personalization settings. Neither Spexster nor any person associated with Spexster makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site and the Services. Without limiting the foregoing, neither Spexster nor anyone associated with Spexster represents or warrants that the Site, its content or any Services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Site or the server that makes it available are free of viruses or other harmful components; and that Services you obtain through the Site will otherwise meet your needs or expectations.

Spexster hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline.



You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, or your use of any Content obtained through the Service.

Governing Law and Jurisdiction
All matters relating to Spexster, Services, Privacy Policy and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).


Dispute Resolution
We encourage you to contact Spexster’s Customer Service department via email at support@spexster.com if you have concerns or complaints about the Site. Generally, user complaints can be satisfactorily resolved this way. If we cannot resolve your concerns informally, disputes between you and Spexster shall be resolved pursuant to this Section. At Spexster’s sole discretion, it may require you to submit any disputes arising out of or relating to any aspect of your relationship with Spexster, first to mediation in the Los Angeles County, California, U.S., then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of the State of California, without regard to its choice of law provisions. Under this Agreement, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Waiver; Severability
No waiver by Spexster of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spexster to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement
These Terms constitute the sole and entire agreement between you and the Company with respect to the Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site and Services.

Force Majeure
Any failure or delay by Spexster in the performance of its obligations pursuant to these Terms will not be deemed a default or breach of these Terms or a ground for termination to the extent such failure or delay is due to computer or Internet or telecommunications breakdowns, denial of service attacks, fire, flood, earthquake, elements of nature or acts of God, pandemic, acts of war, terrorism, riots, civil unrest, rebellions or revolutions in the U.S. or any nation where the obligations under these Terms are to be executed, strikes, supplier and third party failure, lockouts, or labor difficulties, or any similar cause beyond the reasonable control of Spexster.

Your Comments and Concerns.
You may contact us and direct all other feedbacks, comments, requests for technical support, request for refund and other communications relating to the Site and the Services via email at support@spexster.com.