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Terms of Service
The Customer or the authorized person thereof (“Customer”) conditions use of the StatePoint Media Service upon the acceptance of the Terms of Service as set forth below. These Terms of Service shall be read in conjunction with any order placed with StatePoint Media for the provision of services to the Customer (as per the StatePoint Media Order Submission Form), and shall together constitute the complete agreement between the Customer and StatePoint Media in relation to such services (this “Agreement”).
  1. All Customer orders for any service StatePoint Media offers (“Services”) must be accompanied by an Order Submission Form, which must be signed by the Customer. StatePoint Media is not bound by additional terms, conditions or instructions imposed on such orders or contained in any other forms or documents submitted by or on behalf of the Customer.
  2. The Customer Primary Point of Contact specified on each StatePoint Order Submission Form will have the ability to grant other Customer Team Members, if desired, access to the StatePoint Customer Website. In so doing, the Customer Primary Point of Contact grants permission for any such Team Members to purchase StatePoint Services. StatePoint may refuse any order for Services from any person(s) not designated by Customer Primary Point of Contact. If Customer and/or any authorized Customer representative gives another person access to its StatePoint Media account, any order for Services placed by such person(s) shall be deemed a valid order from Customer.
  3. No Service will be distributed by StatePoint without final approval in writing from Customer.
  4. All materials provided by Customer, including photographs, must conform to the production and quality specifications required by StatePoint.
  5. StatePoint reserves the right to reject any order for any reason.
  6. Customer warrants and represents and intends that StatePoint may rely on the following:
    1. Customer content provided to StatePoint is truthful and accurate at time of submission. Should Customer become aware of anything that affects the truth or accuracy of such content, Customer shall promptly notify StatePoint of the same in writing. StatePoint is entitled to rely on the truthfulness and accuracy of such content and to continue to use it until Customer provides such notice;
    2. Customer content provided to StatePoint does not contravene the laws of the United States or any state therein. Customer is solely responsible for its compliance with all intellectual property laws with regard to any content it submits to StatePoint;
    3. Customer has the right to make use of, and to authorize StatePoint to make use of, any content that Customer provides to StatePoint. Customer further warrants and represents that StatePoint’s use of any content that Customer provides to StatePoint does not infringe upon any intellectual property rights of any third party, including copyright, patent and/or trademark. Customer further warrants and represents that any Customer-provided content: does not contain any libelous or slanderous materials; does not invade anyone’s privacy; does not contain any indecent or obscene content; does not infringe on the rights of any person or entity; does not breach any provisions of any statutes; and that its acceptance, use or publication will not give rise to any claims against or liabilities against StatePoint for any of the foregoing. Customer has the unrestricted right to use all trademarks, service marks, logos, graphics portraits, photographs, pictures, artwork or the like submitted to StatePoint, including for distribution/publication in all print and electronic media in the United States.
  7. All content created by StatePoint is not a work for hire and is and shall continue to be the sole property of StatePoint or its suppliers, is protected under applicable copyright, patent, trademark, and other proprietary rights. Under no circumstances will Customer acquire any ownership rights, moral rights, or other interest in any content created by StatePoint Media. Any copying, redistribution, use or publication by Customer of any StatePoint-created content is prohibited, with the exception of promotional uses by Customer for story display onsite at the Customer’s place(s) of business and in Customer’s related promotional materials, on a nonexclusive basis. “StatePoint Media” is a registered service mark, and the StatePoint Media “Bullseye” logo is a service mark, of StatePoint Media, Inc.
  8. Any requested Customer modifications to the StatePoint Order Submission Form and/or these Terms of Service must be made in writing, approved by StatePoint and executed by both parties. Unless otherwise expressly set forth herein, any notices shall be sent to (a) in the case of StatePoint: Roger Maes at roger@statepointmedia.com; and (b) in the case of Customer, to the address on record with StatePoint Media for your account (as per the Order Submission Form). All terms and conditions that conflict with the Agreement are void unless the foregoing conditions precedent are met. StatePoint is not bound by additional terms, conditions or instructions in any other forms or documents submitted by or on behalf of Customer in conjunction with an order, unless StatePoint signs an approval of the same in accordance with the foregoing procedure. Customer shall not rely on any representations by any StatePoint representative or employee to the effect that the Agreement will be modified in any manner and/or by any method other than the foregoing.
  9. Customer can cancel an order prior to distribution, per the following fees
    1. $200 fee if an order is cancelled prior to the start of the production process.
    2. $1,000 fee if an order is cancelled AFTER the start of the production process but prior to distribution.
    3. If an order is cancelled that was part of a larger package where volume discount pricing was applied, the Customer shall pay the full, undiscounted price for the remaining orders within the package.
  10. Payment of invoices is due within 30 days of being invoiced by StatePoint. Any prompt payment discount StatePoint offers is contingent upon full payment being received within 30 days of being invoiced. After 30 days, standard pricing applies and StatePoint may recover 2 percent interest per month, plus any associated attorneys’ or collection fees. If payment of any charges due to StatePoint is not received on due date, StatePoint may withhold supply of any and all further Services to Customer.
  11. StatePoint takes all precautions to ensure accuracy of its Services. StatePoint does not, however, warrant that its distributed Services will be free from error. StatePoint will not be held liable for any factual or typographical errors contained in StatePoint Services and no reduction in rate shall be claimed against StatePoint in such event. StatePoint does not accept any liability for failures or breakdowns in network connections and/or end-to-end connectivity across the Internet and/or performance problems experienced on Internet networks within or outside StatePoint Media’s control. StatePoint shall not be held liable for any loss or damage arising as a result of non-fulfillment of Customer’s order when the same arising from or is related to the foregoing factors.
  12. StatePoint’s registered print and online outlets, social media influencers, and radio stations distributing StatePoint content are free to make stylistic or editorial changes they deem necessary to any StatePoint Service they publish or distribute. StatePoint is not responsible or liable for any such changes that are subsequently published in any print or online outlet or aired on any terrestrial or online radio station.
  13. Except for indemnification obligations hereunder or as otherwise provided in this Agreement, in no event shall either party be liable under this agreement for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other legal theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy, or for attorneys’ fees. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
  14. Except for Customer’s payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party and/or StatePoint’s registered users, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions and power failures.
  15. Customer to the fullest extent permitted by law, indemnifies, defends and holds harmless StatePoint, its agents, affiliates, subsidiaries, directors, officers, employees and applicable third parties (e.g., all relevant Partner(s), licensors, licensees, media users, consultants and contractors), against all claims, demands, damages, liabilities, losses, costs, expenses, actions and proceedings of whatsoever nature which may be brought, commenced or prosecuted against StatePoint arising out of or related to any Services, and also against all costs (including attorneys’ fees and legal costs on full indemnity basis) and damage which StatePoint may incur arising out of any such claims, actions or proceedings.
  16. StatePoint assumes no responsibility for damage to computers or software of a visitor to its website or anyone who receives an electronic communication from it, or any person said person subsequently communicates with, from corrupting code or data that is inadvertently passed to the visitor’s computer. Customer assumes all risk of viruses, worms or other corrupting factors or harm caused by visiting StatePoint’s websites, coverage reports, feeds and third-party links, opening emails from StatePoint, or by downloading files or content from StatePoint web sites.
  17. In the event of a dispute between the parties, StatePoint’s liability for damages and costs (including attorneys’ fees) will be limited to the amount of the aggregate charges paid by/due from Customer for the Services giving rise to the claim.
  18. If any provision of this Agreement is held to be void or unenforceable in whole or in part, it shall be severed and this Agreement shall continue in force in relation to the unaffected provisions and the remainder of the provision in question.
  19. This Agreement shall be governed by the laws of Wisconsin, except for its conflicts of laws principles, and is deemed performed in Madison, Wisconsin. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Madison, Wisconsin.
  20. StatePoint Media reserves the right to revise these Terms of Service at any time, and Customer shall be deemed to have accepted all revisions to these Terms of Service through its continued use of StatePoint Media services.
  21. StatePoint may assign or transfer this Agreement or all or any of its rights and/or obligations hereunder to any successor company or entity.
  22. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and is intended to be an integrated agreement.
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