Kenny SaySo
Terms & Conditions

Terms & Conditions

Online Advertising and Marketing Services

SaySo Productions offers a variety of services to improve a website’s online visibility and functions. By utilizing us, you agree to the Terms of Service set forth below. If you have questions, or if we may be of any service, please do not hesitate to contact us. SaySo Productions provides search engine optimization, marketing, video production, video editing and associated services on a local, national and international basis. We submit information on your behalf to search providers for whom you must agree to their terms and conditions. These providers may include, but are not limited to: Google, Yahoo, MSN/Bing, ASK, AOL, Marchex, InfoUSA, 411 Directory Assistance, Yellowpages.com, Superpages.com, Yellowbook.com, Yelp, Acxiom, Localeze, TrueLocal, local.com, CitySearch, MagicYellow, Dex, YP.com, iBegin, YellowBot, Insider Pages, MojoPages, Kudzu, Merchant Circle, OnStar, Craigslist, Kijiji, local online newspapers, Facebook, YouTube and other sites. The terms and conditions of these providers all apply. SaySo Productions will not share your information with any business other than in the course of securing online advertising and marketing services on your behalf.

Advertising Material

SaySo Productions has the right to place information pertaining to your business on any of the publisher and search provider websites such as those listed above and you authorize SaySo Productions to develop content based on information or material provided by you or your designees and collected by SaySo Productions including copy, form, size, text, graphics, names, addresses, phone numbers, URLs, logos, trade names, trademarks, service marks, endorsements, photographs or likenesses, and videos. Further, you represent that the material and information you provide to SaySo Productions is truthful, not misleading, and that you have the authority to represent this product and service information to SaySo Productions. Further, articles, press releases, and blog postings will be sent for approval before publishing. The timeliness of these pieces is critical to campaign performance. For this reason, all monthly content will be considered approved one week after the content was sent for approval unless requested edits or other communication is received from the client. Finally, you authorize SaySo Productions to utilize tracking phone numbers, and even record calls on your behalf, for ‘customer service’ purposes, and upon automatic notification to all incoming callers on tracking phone numbers if/when that service is contracted. Domains purchased on your behalf will be released to you within thirty (30) days after service has been terminated. Any artwork, images, or text supplied and/or designed by SaySo Productions on behalf of the client, will remain the property of SaySo Productions until final payment.

Unacceptable Practices

As SaySo Productions strives to offer the very best service, there are certain guidelines and policies that must govern SaySo Productions’ efforts and relationships with its clients. Practices that are in violation of these guidelines and policies are strictly forbidden and may result in the immediate termination of SaySo Productions’ services. Unacceptable practices include, but are not limited to: Adult or pornographic material including, but not limited to, sexually explicit or suggestive material Sexually oriented products or services (e.g. escort services), or other sexually oriented material Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes) Lingerie websites Offensive or otherwise distasteful material Content or language that is harmful to minors in any way Bulk emailing tools Distribution of internet viruses or other harmful or destructive activities Hacking and cracking Scams or phishing for personal information Solicitation of funds other than for legal charitable organization (exceptions granted on a case-by-case basis at SaySo Productions’’ discretion) Illegal Gambling, gaming, lotteries, and like activities Harmful, threatening, violent, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another’s privacy, racial, chauvinistic, ethnically offensive, complaint websites, or otherwise objectionable content or language Defamatory, hateful or revenge content or language. Aids to pass drug tests or aids to pass lie detector tests. Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, Piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties MLM without a legitimate product or service, with a front product or service, or where the primary intent is to recruit new members rather than to sell products Reverse Funnel Systems Cash Gifting Illegal drugs or drug paraphernalia Alcohol sales Tobacco sales Miracle cures Fake documents Fireworks, pyrotechnics, firearms, explosives or weapons. Intentional or unintentional violations of any applicable local, state, national or international law. Reselling of email accounts or hosting accounts to third parties. Reselling of any SaySo Productions services including, but not limited to, design services, updates, and WTD to third parties without a written re-seller agreement. Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email Links to other sites that are in violation of SaySo Productions’ policies and guidelines Other activities, whether lawful or unlawful, that SaySo Productions deems to be in poor taste or that reflect adversely on SaySo Productions or SaySo Productions’ other clients Upon the contingency which SaySo Productions accepts agreement for services on this list, any and all work performed will be compensated regardless of approval by Google, Bing, Yahoo, or any other outside agency.

Fees

You agree to pay SaySo Productions monthly fees to cover the cost of placing and managing your online marketing services and other services program up to an amount not to exceed what is stated in your most recent SaySo Productions invoice. An invoice does not serve as a legally binding agreement between the business and its client.

Payment

The Client agrees to pay SaySo Productions compensation for the Services agreed upon between the Client and the Company as set out in this agreement. Payments shall be made prior to Services rendered by the Company in that month. Invoices are delivered on or about the 5th of each month. Marketing and advertising programs may be paused if payment has not been made by payment due date; re-initiation fees may apply.

Rights to Website Material

Copyright to the finalized creation work of website pages produced by SaySo Productions is owned by the respective Client contingent of full payment, with the express understanding that this ownership is the assignment of rights to use as a website the design, graphics, and text contained in the finished assembled website. SaySo Productions does not own the client’s domain under any circumstance, but may assist in managing the domain upon access being granted. However, rights to photos, graphics, source code, work‐up files, and computer programs will remain the property of their respective owners. SaySo Productions retain the right to display web design elements as examples of their work in their portfolio.

Digital Subscriptions

We will send an invoice towards the beginning of the month to the email we have on file. Subscriptions can be cancelled at any time without reason.

Cancellation and Refunds

One-time purchases cannot be canceled or refunded. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Representations and Warranties; License and Grant of Rights

You represent and warrant that you have and will continue to have the absolute and unrestricted right to publish and use all information you have provided for your advertising programs and that the content does not infringe on the rights of any third party and that it complies with all local, state and federal laws and regulations.

Indemnification

Each party warrants that its respective performance of the terms of this agreement will not in any way constitute knowing, intentional infringement or violation of any copyright, trade secret, trade mark, patent, invention or any other nondisclosure rights of any third party. You indemnify and hold harmless SaySo Productions against all costs (including attorney fees), damages and liabilities arising from negligent or intended acts on your part constituting the violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or nondisclosure rights of any third party. To the full extent of the law, you will pay any expenses or damages to SaySo Productions resulting from claims made by third parties with regard to usage of material you have provided, even after termination of our Agreement.

No Guarantees

The parties hereto acknowledge and agree that SaySo Productions cannot guarantee the results or effectiveness of any of the services rendered or to be rendered by Consultant. Rather, SaySo Productions shall conduct its operations and provide its services in a professional manner and in accordance with good industry practice. Consultant will use its best efforts and does not promise results.

Disclaimer of Warranties

Except as expressly set forth herein (and except as may be required by law), SaySo Productions expressly disclaims all representations and warranties, expressed or implied, in connection with the Marks and this Agreement, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. All materials provided hereunder are provided “as is” and “with all faults.”

Limitation of Liability and Applicable Law

In no event shall SaySo Productions or its subconsultants of any tier be liable in contract, tort, strict liability, warranty or otherwise, for any special, incidental or consequential damages, such as, but not limited to, delay, disruption, loss of product, loss of anticipated profits or revenue, loss of use of the equipment or system, non-operation or increased expense of operation of other equipment or systems, cost of capital, or cost of purchase or replacement equipment systems or power.

Force Majeure

Neither party shall be liable for any costs or damages due to delay or nonperformance under this Data Access Services Addendum arising out of any cause or event beyond such party’s control, including, without limitation, cessation of services hereunder or any damages resulting therefrom to the other party as a result of work stoppage, power or other mechanical failure, computer virus, natural disaster, governmental action, or communication disruption.

Assignment

SaySo Productions may assign, delegate or subcontract any rights or obligations under this Terms and Conditions of Service.

Miscellaneous

This Terms and Conditions of Service represent the parties’ entire agreement with regard to SaySo Productions’ provision of services. Agreement with these terms and conditions is upon signature of SaySo Productions’s Contract, and it will be binding upon you and your successors.

Authority

The person signing the tending to each individual invoice certifies that (s)he is lawfully authorized to purchase services on behalf of your company.

Effective Upon Execution

Terms and Conditions are binding on both parties on the date each payment is made.