Megavision delivering Visionary Experiences

MEGAVISION Terms of Service

1. ACCEPTANCE OF TERMS

By accessing or using any website, digital platform, or broadcast services offered by MEGAVISION and its affiliate brands and companies (collectively “MEGAVISION”), the Client (Advertiser) agrees to comply with and be bound by these Terms of Service (“Terms”). Please review these Terms carefully.

This Agreement (this “Agreement”) is a legal Agreement between you, as either an individual or entity (“Client”, “Advertiser”), and MEGAVISION and its Affiliates (collectively, “MEGAVISION”, “we”, “our”, or “us”). For the purchase by the Client of certain broadcast radio and or digital advertising (“transmissions”) as described in Client’s purchase order (the “Order”) made via MEGAVISION’s websites, applications and/or other interactive properties (collectively, the “Properties”). The Client accepts this Agreement and the relevant Order upon any clear indication of acceptance.  The Client includes advertiser and any agency or buying service named in the Order, and all persons and entities included within the Client agree to the purchase of this advertising schedule and that they are jointly and severally liable for all obligations of the Client under this contract regardless of who is billed. If an agency or buying service is engaged by the Client, it is understood that party is the agent of the Client and not of MEGAVISION.

2. RADIO BROADCAST

All content, including but not limited to music, talk shows, advertisements, news, and other audio content broadcasted by MEGAVISION is protected by copyright, trademark, and other laws. b. Unauthorized recording, rebroadcast, or redistribution of our radio content is strictly prohibited.

3. DIGITAL AND SOCIAL MEDIA

Users are permitted to share, comment on, and engage with MEGAVISION content on social media platforms, as long as it’s done in a lawful manner and does not infringe on copyright, trademark, or other proprietary rights. b. Any user-generated content posted on MEGAVISION platforms must not be defamatory, obscene, invasive of privacy, or infringing on intellectual property rights. c. MEGAVISION reserves the right to remove any user-generated content without notice.

4. ADVERTISING OF CBD PRODUCTS

All advertisements for CBD products on MEGAVISION platforms will comply with all local, state, and federal laws and regulations. b. Advertisements for CBD products must not make unverified health or medicinal claims. c. CBD advertisers must provide proper disclaimers and warnings as required by law. d. MEGAVISION reserves the right to refuse or remove any advertisement at its discretion.

5. ORDER; FEES; AND PAYMENT

a. Each order shall specify the (i) names of the parties to this Agreement; (ii) the fees to be paid by the Client; (iii) campaign start date(s) and end date(s); (iv) the stations that may make the transmissions; and (v) any other information that the parties deem necessary for inclusion in the Order.

b. The Client shall pay for all transmissions made by MEGAVISION pursuant to the Order. If the Client pays with a primary and backup credit cards or other payment card, it will be required to provide MEGAVISION or its third-party payment processor with a valid primary and backup payment card numbers and associated payment information that the Client is authorized to use. By submitting that information to MEGAVISION or to its third-party payment processor, the Client authorizes MEGAVISION or the payment processor (as applicable) to charge the primary or backup credit card or other payment method for the charges at MEGAVISION’s convenience. MEGAVISION or its third-party payment processor may run one or more payment card authorization checks on the Client’s card before it is charged. The Client authorizes MEGAVISION or its third-party payment processor to store the Client’s payment card information and, if needed, to continue billing the card until the Order has been fulfilled. If MEGAVISION does not receive payment from the Client’s payment card or other payment method issuer or their agents, the Client remains obligated and agrees to pay all amounts due upon request from MEGAVISION or its agents. MEGAVISION may charge the Client’s primary or backup credit card on a weekly basis for all transmissions made during the preceding week. The backup credit card will only be charged if the primary credit card charge is declined. If MEGAVISION refers this Agreement for collection, the Client shall pay reasonable attorney’s or collector’s fees and any court costs incurred by MEGAVISION.

c. At the end of and/or throughout the Client’s campaign, the Client will be charged by MEGAVISION for the media on air and or online campaign. In the case of a digital campaign the Client will be charged for the estimated impressions delivered by the transmissions. Any weekly charge will be less than or equal to the Client’s per week budget for such Order. Impressions, and their associated charges, are based on MEGAVISION’s impression reporting statistics. The Client will pay MEGAVISION for all charges it incurs in connection with the use of the Properties. The Client agrees that any funds that have been paid by the Client with respect to the Properties are nonrefundable and belong to MEGAVISION.

6. TERMINATION

This Agreement and/or any Order may be terminated immediately by either party as follows: (i) in the case of MEGAVISION, by notice delivered via the Properties and (ii) in the case of the Client, by cancelling the order via the Properties. Upon termination of this Agreement, MEGAVISION will use reasonable efforts to cancel planned transmissions but does not guarantee that transmissions will cease immediately upon termination. Following termination, the Client shall pay the following to MEGAVISION (i) any non-refundable fees; and (ii) the value of any transmissions actually made, even if such transmissions run after the date of termination.

7. DISCLAIMERS AND LIMITATION OF LIABILITY

MEGAVISION provides its services “as is” and without any warranty or condition, express, implied, or statutory. MEGAVISION and its suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

8. INDEMNIFICATION

Client shall indemnify, defend and hold harmless MEGAVISION, its brands, its and its corporate affiliates and their respective directors, officers, employees, agents and representatives (collectively ‘MEGAVISION Indemnitees’) from and against all third-party claims, demands, actions, suits and proceedings, as well as all associated liabilities, judgments, awards, damages, settlements, penalties, fines, costs and expenses (including, without limitation, attorneys’ fees) (collectively ‘Third-Party Claims’), which result from or are caused by: (i) use or misuse, storage, or handling of any User Personal Information by Client or anyone acting under its authority or on its behalf; (ii) violation by Client or anyone acting under its authority or on its behalf, of the published Privacy Policy for the Client Website or any applicable law or regulation pertaining to the privacy or security of User Personal Information; (iii) the registration or use of the Client Website Domain Name; (iv) any Client-Furnished Material; (v) use of the Client Properties, or any activity conducted on or via the Client Properties, by Client or anyone acting under its authority or on its behalf; (vi) violation of any applicable law or regulation by Client or anyone acting under its authority or on its behalf; and/or (vii) any breach of this Agreement by Client or anyone acting under its authority or on its behalf.

9. REPRESENTATIONS & WARRANTIES/INDEMNIFICATION AND HOLD HARMLESS

a. The Client represents, warrants and agrees that: (i) MEGAVISION’s use of any material furnished by the Client pursuant to this Agreement or created by MEGAVISION pursuant to the Client’s instructions (“Client Material”), in each case as authorized by the Client, including, but not limited to broadcast of the Client Materials over the facilities of the MEGAVISION shall not violate or infringe upon the rights of others; provided, however, that the foregoing representations and warranties shall not apply to any material furnished or added to the Client Materials after delivery to MEGAVISION by any party other than the Client, and (ii) the Client (and the Client Materials) shall comply with all applicable federal, state and local laws and regulations, including, but not limited to, those of the FCC (e.g., indecency, EAS compliance and all other FCC regulations) and the FTC (e.g. the Telephone Consumer Protection Act). Customer acknowledges and agrees that, upon Customer’s request, MEGAVISION may create an advertisement pursuant to Customer’s instructions and that Customer is solely responsible for the contents of the Advertisement and its compliance with applicable laws and regulations.

b. The Client shall defend, hold harmless and indemnify MEGAVISION, its parents and affiliates, and their respective officers, directors, employees and agents from any and all claims, actions, causes of action, liabilities, demands, damages or costs (including reasonable attorney fees) of whatsoever name or nature, including but not limited to (i) defamation, unlawful competition or trade practice, infringement of intellectual property or other property or personal rights (including but not limited to public performance rights with respect to music, spoken word or any other copyrightable material embodied in Client Materials); (ii) any breach or violation of any sort of the representations and warranties described in Section 3.1; or (iii) claims arising from the products, services, operations, data, representations or warranties relating to, directly or indirectly, any Client Material or to the Client’s business, services, operations or prizes (if any).

c. MEGAVISION does not guarantee the performance of advertisements or the Properties, or that advertisements will fully reach the consumers the Client desires to reach.

10. INABILITY TO TRANSMIT AND SUBSTITUTION PROGRAMS

a. If, due to public emergency or necessity, force majeure, restrictions imposed by law, acts of God; labor disputes, or for other cause, including mechanical breakdown beyond MEGAVISION’s control, MEGAVISION shall be unable to transmit or otherwise distribute any program or announcement to be transmitted under this Agreement, that transmission shall be canceled, and MEGAVISION shall not be liable to the Client.

b. MEGAVISION shall have the right to cancel any transmission or portion thereof to be made under this Agreement in order to transmit any program which it deems to be of public significance.

11. PROGRAM PRODUCTION

MEGAVISION shall use Client Material to create audio broadcast advertisements for broadcast radio transmission over its facilities (the “Advertisements”). All Client Material is subject to MEGAVISION approval and MEGAVISION may exercise a continuing right to reject such material for any reason. All Client Material must conform to the program and operating policies of MEGAVISION and MEGAVISION shall have the continuing right to edit in the public interest provided, however, that MEGAVISION approval of such Client Material shall not affect the Client’s indemnity obligation under this Agreement.

MEGAVISION will retain all property rights in the Advertisements. The Client may not use the Advertisements for any purpose other than transmission by MEGAVISION pursuant to an Order.

12. NON-DISCRIMINATION

In accordance with Paragraphs 49 and 50 of United States Federal Communications Commission Report and Order No. FCC 07-217, MEGAVISION will not discriminate in any Agreement for advertising on the basis of race or ethnicity, and all such agreements will be evaluated, negotiated and completed without regard to race or ethnicity.

13. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the state in which MEGAVISION and its affiliates are registered, without regard to its conflict of law provisions.

13. MODIFICATIONS

MEGAVISION reserves the right to change these Terms at any time. Changes will become effective upon posting on MEGAVISION platforms.

14. SEVERABILITY

If any provision of these Terms is deemed invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

15. ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by MEGAVISION constitute the entire agreement between the user and MEGAVISION.

CONTACT

For any questions or concerns about these Terms, please contact our Privacy Page for contact information.