Intellectual Property Rights Protection
Spectrum Media participates in the International Recording Media Association’s (IRMA) Anti-Piracy Compliance Program, which protects property rights owners from the unauthorized distribution of their content.
The customer represents and warrants to Spectrum Media: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to Spectrum Media by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and Spectrum Media are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Spectrum Media of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer’s intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer’s knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless Spectrum Media and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, “indemnified parties”) against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys’ fees and disbursements of every kind, nature, and description) (collectively, “damages”) suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
Spectrum Media reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The customer agrees to provide Spectrum Media, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Spectrum Media does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Spectrum Media may rely on the customer’s representations and warranties herein and provided under Spectrum Media ‘ Intellectual Property Rights Form even if Spectrum Media investigates such ownership.
If Spectrum Media determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Spectrum Media will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Spectrum Media will return such materials to the customer.
Pricing and delivery
Spectrum Media reserves the right to produce and bill for production overruns or underruns up to ten percent (10%) of the customer’s order. Customer will be billed for actual amounts shipped.
The customer’s order will be delayed if the customer has failed to provide to Spectrum Media all necessary materials (including without limitation master, graphics, deposit, signed estimate, signed Intellectual Property Rights Form, and Audio Track Listing).
Quoted or acknowledged delivery dates are only estimated dates of delivery. Spectrum Media specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
In the event a client fails to pay within ninety (90) days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within ninety (90) days from completion, Spectrum Media has the right to sell, dispose of, destroy or use any such material on hand in any way Spectrum Media chooses without any liability by Spectrum Media to the customer or others.
Spectrum Media assumes that the client has backups or originals of all content (including without limitation
Spectrum Media Terms and Conditions
masters, graphic files, multimedia files, video files, and audio files) provided in digital electronic form (including without limitation on recordable CD or DVD, digital video master, Zip, SyQuest, 1630, DLT, DAT, or other digital recording medium, or as uploaded to Disc Makers’ web site via FTP, email, or other means) for manufacturing. As such, Spectrum Media does not return such electronic content to the customer upon completion of the order. Spectrum Media will return analog masters, original artwork, photos, transparencies, etc. furnished by the client upon completion and payment of the order.
Upon completion of any replication or printing order Spectrum Media will retain certain production masters (e.g. stampers, label film, original graphics files, and other materials needed to manufacture the product to the customer’s specification) for a period of 12 months from the date the product was last ordered or reordered. (Spectrum Media will keep electronic back-ups of graphics files for 7 years). After 12 months of inactivity those physical production masters and related parts will be recycled or discarded to create space for active titles.
While Spectrum Media will treat the customer’s materials with the utmost care, Spectrum Media specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer’s materials are in the care and possession of Spectrum Media.
Customer’s materials stored in Spectrum Media’s premises are not insured and are stored strictly at the customer’s risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from Spectrum Media’s premises.
Payment terms
Spectrum Media requires a deposit of 50% of the purchase price with most custom manufacturing orders (your product specialist will inform you of the deposit requirements). The balance of the purchase price, subject to a 10 percent (10%) production under or over run, is due upon completion of the order, before shipping (no C.O.D.s).
Direct mail fulfillment orders always require postage to be paid before mailing. The customer will be informed of the exact postage after we receive customer’s mailing list.
Warranty of product, limitation of liability, and indemnification
Spectrum Media guarantees the customer’s satisfaction with art and content proofs. If Spectrum Media cannot satisfy the customer, Spectrum Media will refund the entire deposit amount if customer wants to cancel the project. However, once proofs are approved Spectrum Media will charge for all work and services performed, even if the project is subsequently canceled.
Spectrum Media warrants that material produced and delivered by Spectrum Media meets Spectrum Media’s standard specifications for the material or such other specifications as described in this catalog and meets generally accepted industry standards.
All custom-manufactured and/or printed Spectrum Media products are unconditionally guaranteed against defects in quality and workmanship. If any custom-manufactured product produced by Spectrum Media from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Spectrum Media will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Spectrum Media’s option, refund to customer part or all of the purchase paid to Spectrum Media, on the condition that a) written notice of such defect or error is received by Spectrum Media at its office within thirty (30) days after shipment by Spectrum Media to customer, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the customer. If said notice is not received by Spectrum Media within the date indicated above, Spectrum Media will be deemed to be released by customer from any and all liability.
The customer shall return any defective product to Spectrum Media should Spectrum Media so request. No merchandise may be returned to Spectrum Media without written return authorization by Spectrum Media. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned.
Spectrum Media is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Order cancellation
Orders for products not yet manufactured by Spectrum Media may be cancelled by either party at any time.
Spectrum Media Terms and Conditions
The customer will be responsible for all costs incurred by Spectrum Media related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer’s materials and any completed product may be delivered to the customer only after all sums owed to Spectrum Media have been paid in full by cash or check.
