You are on page 1of 3

Terms and Conditions

These terms and conditions serve to memorialize the agreement between SaysMe, Inc.
(hereinafter referred to as “SaysMe,” “SaysMe.TV” or “SaysMeTV”) and you as the user of this
site (hereinafter referred to as “you,” “User” or “Producer”), collectively referred to herein as (“The
Parties”). By your acceptance of these terms, you appoint SaysMe as your agent for purchasing
local cable and broadcast advertising (“Television Advertising”) time through www.saysme.tv
(“Site”).
These Terms of Service apply to your use of www.saysme.tv. If you browse or contribute through
or otherwise use this Website, you accept these Terms of Service. If you do not agree with these
Terms of Service, please do not access or use the Website. If you have questions about these
Terms of Service or SaysMe.TV. You may also send questions via e-mail to legal@saysme.tv.
These Terms of Service include our Privacy Policy, highlighted below. SaysMe may change the
terms and conditions from time to time at its discretion.

As background, SaysMe operates a website that allows consumers to select ad spots from an
online library and then allows those consumers to buy Television Advertising time to air that spot
at their own expense. SaysMe facilitates the entire transaction from beginning to end and earns
fees for various services that it provides to the consumers built into the cost of the ad the
consumer purchases. SaysMe will endeavor to abide by all Federal and State laws, including but
not limited to Federal and State election laws, in the television airing of the spots provided to it
that are political in nature. We will act as your independent agents, using independent
contractors as needed, and endeavor to comply with all reporting guidelines for the Federal
Election Commission (FEC). SaysMe is not affiliated with any specific political party or cause and
we do not specifically endorse any content on our website. If you are concerned that you may not
be eligible, please seek your own legal advice prior to using SaysMe. SaysMe will prepare for
you and forward the FEC Form 5 for all political advertising purchases to the Federal Election
Commission within the timeframe required by Federal law.

Local Television Guarantee


Although you may purchase Television Advertising in any market currently available on the Site,
your credit card billing address must match the address entered in our order entry system for
verification. Of course, to see your ad on TV, you must subscribe to the local cable carrier
carrying the channel you have selected or have the local broadcast service serving your area.
After you purchase your ad and choose the market(s) in which you want your ad or ad campaign
to run, you will receive a confirmation of your purchase immediately. Then, at least 24 hours prior
to air time, you will also receive a confirmation of the time and date that it will. Ads purchased
may take 5-7 business days to run on the air. It is possible that local markets may have to push
your ad to run at a later date than originally stated - SaysMe has no control over this and in the
event this occurs we will make every effort to let you know the revised date prior to your ad airing.
Please be advised this is not common and under most situations your air date should remain
intact. You may purchase ads for markets outside of your home area but you will not be able to
see them air live from your home market. We do not guarantee the content on our website as to
accuracy, completeness or usefulness, as the responsibility of doing so rests on the User. Your
purchase of advertising time will be subject to TV station terms and conditions. These may
include, but not be limited to, the right of a station to reject, substitute or change ad programming
and placements, indemnification for liabilities arising out of publication or distribution of your
advertising material along with any other station policies.
Uploading Your Own Advertisements
You may produce your own content (“the Spot”) to upload on our website and subsequently
purchase television advertising with, provided you comply with the following guidelines found
here.

Cancellation Provision
You understand that the Television Advertising you purchase is a non-cancelable media provision.
Under some circumstances SaysMe may choose, at it’s sole discretion, to cancel your
commitment unless Television Advertising time has already been booked.

Under some circumstances, prices may increase drastically for the cable networks you have
selected due to special events, i.e. elections, sporting events championships, etc. In the event
this occurs, SaysMe may either choose to make up the difference, contact you to see if you would
like to pare down your purchase to fit within your original spent amount, or see if you would like to
make up the difference to run all the spots you had previously chosen.

Proprietary Rights
SaysMe, SaysMe.TV and SAYSME.TV are all trademarks and service marks of SaysMe, Inc.
SaysMe, Inc. owns and retains all proprietary rights in the Website and all material and
information posted there as far as original content and material. The Website also contains
certain content provided by for users, for which users have licensed us all rights on a worldwide
basis and have represented that they have the ability to grant such rights. The Website contains
the copyrighted material, trademarks and other proprietary information of SaysMe, Inc. and its
licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information. SaysMe, Inc. does not grant any expressed or implied rights to you
for any of our trademarks, service marks, copyrights or other proprietary information.

Indemnity and Hold Harmless Agreement


You agree to indemnify and hold SaysMe harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made or incurred by you or any third party due to or arising,
directly or indirectly, out of your use of the Website or arising from a breach of these Terms of
Service. You understand that this website is to be used on an “As Is” and “As Available” basis.
SaysMe makes no representations or warranties, express or implied, as to the operation of this
site, content, materials or services included on it. We disclaim any implied warranties that we do
not expressly make. We are not liable for any incidental or implied damage, or lost profits. Any
liabilities are to be capped at amounts paid for services.
Waiver and Severability
Any waiver on the part of either party of any right or interest will not imply the waiver of any right
or interest, or any subsequent waiver. If a court of competent jurisdiction finds any term or
provision of this Terms of Service invalid, illegal or otherwise unenforceable, the same shall not
effect the other terms or provisions hereof or the whole of these terms, but such term or provision
shall be deemed modified to the extent necessary in the court's opinion to render such term or
provision enforceable, and the rights and obligations of the parties shall be construed and
enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the
parties herein set forth.
Governing Law and Arbitration
The Terms of Service shall be governed by the law of the State of New York, without reference to
conflicts of laws principles. Any dispute or claim arising out of or in connection with the Terms of
Service or use of the website and the performance, breach or termination thereof, shall be finally
settled by said laws and users outside the state of New York should take note of this provision.
Digital Millennium Copyright Act
It is our policy to respond to clear notices of alleged copyright infringement. This page describes
the information that should be present in these notices. It is designed to make submitting notices
of alleged infringement to SaysMe as straightforward as possible while reducing the number of
notices that we receive that are fraudulent or difficult to understand or verify. The form of notice
specified below is consistent with the form suggested by the United States Digital Millennium
Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site,
http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as
well.
Regardless of whether we may be liable for such infringement, our response to these notices may
include removing or disabling access to material claimed to be the subject of infringing activity
and/or terminating subscribers. If we remove or disable access in response to such a notice, we
will make a good-faith attempt to contact the owner or administrator of the affected site or content
so that they may make a counter notification. We may also document notices of alleged
infringement on which we act. Please note that in addition to being forwarded to the person who
provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party
partner for publication and annotation.

Privacy Policy
SaysMe.TV is committed to protecting the privacy and security of your visits to this website. It is
our general policy not to make personal information available to anyone other than our
employees and staff, partners from whom this transaction may have been referred, agents and as
required the Federal Elections Commission in the event you choose to place an advertisement.
Please note that information reported to the Federal Elections Commission remains public record.
We may log IP addresses and page hits and analyze them in order to improve the performance of
our site, though we will not gather, request, record, require, collect or track any Internet users'
personal information through these processes.

A "cookie" is a tiny text file that we may store on your computer to enhance your experience and
support some necessary site usability and general functions. Our cookies contain no Personal
Information and are neither shared nor revealed to other sites. We do not look for or at other sites'
cookies on your computer.
In the event that we have links to other, outside websites we do not control, we hereby state that
we are not responsible for their content or privacy policies on the respective websites and Users
are encouraged to check on those policies and controls independently.
Confidentiality: SaysMe may, at its sole discretion and to the extent permitted by law, access,
read, preserve and disclose your account information, usage history and submitted content in
order to: (a) comply with any applicable law, regulation, legal process, or governmental request;
(b) respond to claims that any content violates the rights of third parties, including intellectual
property rights; (c) investigate potential violations thereof; (d) detect, prevent, or otherwise
address fraud, security, or technical issues; (e) respond to your requests for customer service; or
(f) protect the rights, property, or personal safety of SaysMe.TV, its users, or the public.
If you have any questions or concerns, please contact us at legal@saysme.tv

You might also like