PLEASE CAREFULLY READ THIS AGREEMENT.
BY ACCESSING OR USING THE PLATFORM OR SERVICES, OR BY CLICKING A BOX THAT STATES THAT USER ACCEPTS OR AGREES TO THESE TERMS, USER AGREES THAT USER HAS READ AND AGREES TO BE BOUND BY THIS AGREEMENT.
IF USER DOES NOT AGREE TO THIS AGREEMENT, OR DOES NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, POPCORN TRAILER IS NOT WILLING TO PROVIDE USER WITH ACCESS TO OR USE OF THE PLATFORM OR SERVICES AND USER MUST NOT ACCESS OR USE THE PLATFORM OR SERVICES.
IF USER ACCESSES OR USES THE PLATFORM OR SERVICES, USER ACKNOWLEDGE THAT USER MEETS THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREES TO BE BOUND BY THIS AGREEMENT.
Terms used in this Agreement have the definitions given in this Agreement or, if not defined in this Agreement, have their plain English meaning as commonly interpreted in the United States.
Subject to this Agreement and as long as User is paid up, Popcorn Trailer grants User a non-exclusive, non-sublicensable and non-transferable right to access the Platform and to use the Services made available by the Platform on a self-serve basis.
User will obtain, and hereby grants to Popcorn Trailer, all rights and permissions needed to authorize Popcorn Trailer to buy inventory on User’s behalf (and any third party on whose behalf User is acting), perform tracking and analytics, and to store and serve ads.
During the term Popcorn Trailer may offer additional Services beyond those described herein. Fees for such services will be shown in the Platform User interface.
For users without a completed 30 second video:
Package includes a fully produced 30 second video ad from concept to completion from our team. Includes scripting, editing, *stock footage only, music, and voiceover.
*The use of stock footage means Popcorn Trailer does not film using a camera or hire crew unless a separate production negotiation with additional coverage fees are confirmed.
Media costs, setup fees, production costs & hourly rates are to be set by Popcorn Trailer.
Rates are subject to change at any time by Popcorn Trailer, with the exclusion of existing advertising programs or agreements currently in place.
Client must pay to us:
the campaign cost by the due date as specified via the Platform. Popcorn Trailer reserves the right to determine (on a case by case basis) whether new Clients are required to pay a percentage of or the full Budget prior to the publication of any Brief.
any Overages and the applicable Popcorn Trailer Fees, on agreement of such Overages; and
any costs and expenses set out in the Brief (including, without limitation, costs of hard drive and courier in relation to Rushes where specified in the Brief),
by the payment method and currency stipulated via the Platform or applicable invoice (which may be updated from time to time).
If Client cancels a Brief 7 days or less prior to the first scheduled production day for the Production, Client will be liable for 100% of the Popcorn Trailer Fees, and:
Client must pay the greater of 100% of the Creator’s actual expenses incurred prior to cancellation and 30% of the Creator Payment.
If Client cancels a Brief after the first scheduled production day for the Production, Client will be liable for 100% of the Popcorn Trailer Fees, and:
Client must pay the greater of 100% of the Creator’s actual expenses incurred prior to cancellation and 60% of the Creator Payment.
Creator’s actual expenses referred to in the above clauses, must be evidenced by receipts provided by the Creator.
Unless the parties agree otherwise in writing, Popcorn Trailer will charge and User will pay in US dollars. Once User launches a marketing campaign (a “Campaign”), User grants Popcorn Trailer permission to charge the credit card that User has on file for the amount that User entered in the Campaign budget field, plus any additional reasonable fees related to perform such Campaign.
If User elects to run a recurring (daily, weekly, monthly) Campaign, User’s credit card will be charged for the amount that was entered by User in the Platform on a recurring basis. User is responsible for all Campaign fees that are submitted under User’s account.
If User selects a subscription plan or recurring campaign, User’s grants Popcorn Trailer permission to charge the credit card that User has on file for the amount of the plan that User has signed up for.
Subscription plans will, unless communicated otherwise by Popcorn Trailer, be charged on whatever basis is selected by the user (i.e. monthly.)
Each new campaign requires a minimum duration of 3 months. Cancellations are approved after this time period.
If User cancels a subscription plan on before the campaign ends, User understands the full balance is due and they will not be entitled to a full or partial refund for any remainder of the month or remaining campaign.
User will have access to Popcorn Trailer’s online reporting interface. All reports from the interface are for User’s internal use only. For security reasons, Popcorn Trailer will not answer account or campaign level questions outside of our reporting dashboard.
User agrees to communicate via our reporting dashboard and utilize the tools in the manner it was intended.
As between Popcorn Trailer and User:
(a) Popcorn Trailer owns all right, title and interest in the Services, including future developments and enhancements.
(b) User owns all right, title and interest in the ads and creatives that it provides.
Aside from the license granted immediately above, neither party grants the other any other license, express or implied, and each party reserves all rights not expressly granted hereunder.
Any project estimates or quotes provided are indicative only, since there is no guarantee of results provided for payment made.
Performance is based on best advertising efforts and actual results may be greater or less than the numbers shared based on the relevant characteristics of each individual business and other external factors.
Popcorn Trailer does not offer refunds for advertising or creative production services.
Pay-per-action products charge per impression, view, etc. These products include, for example, Connected TV Ads, Sponsored Ads, and any other product where you’re charged per action. Any actions delivered and charged are non-refundable.
User will be shown creative work in stages throughout production and will be required to approve final works before the project is completed.
Prohibited content includes (counterfeit goods, illegal products and services, etc.) and restricted content (political ads, alcohol, etc.)
Use of User Data:
As to User Data, User grants to Popcorn Trailer a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable (including, without limitation, to other end users and other third parties) right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display User Data for purposes of providing the Services and for use in making enhancements and improvements to the Platform.
User also grants permission for Popcorn Trailer to post video advertisements submitted by User through the Platform on Popcorn Trailer’s public YouTube channel and on Popcorn Trailer’s website, so long as Popcorn Trailer does not edit the video ad in any way other than trimming it down to shorter lengths or adding Popcorn Trailer-branded watermarks.
User grants Popcorn Trailer permission to use User’s name, logo, and associated information (including video ads and creative, or other User Data, submitted through the Popcorn Trailer Platform) for Popcorn Trailer marketing purposes.
Popcorn Trailer is not responsible or liable for any deletion, correction, destruction, damage, loss or failure to store, restore or back-up any of User Data.
User agrees that User has all right, title interest and consent in User Data necessary to allow Popcorn Trailer to use User Data as set forth in the rights and licenses User grants to Popcorn Trailer under this Agreement.
EXCEPT AS SET EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, REPRESENTATIONS, OR COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
POPCORN TRAILER MAKES NO REPRESENTATIONS REGARDING THE BENEFITS TO USER FROM THE PLATFORM OR SERVICES, OR THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE, ALWAYS AVAILABLE OR OPERATE WITHOUT LOSS OR CORRUPTION OF DATA OR TECHNICAL MALFUNCTION.
POPCORN TRAILER OFFERS NO GUARANTEES ON AD PERFORMANCE METRIC OF ANY CAMPAIGN RUN THROUGH THE PLATFORM.
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORSEEABLE OR A PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
FURTHERMORE, USER ACKNOWLEDGES THAT POPCORN TRAILER AND ITS AFFILIATES ARE NOT LIABLE FOR TRANSACTIONS EXECUTED BY THE PLATFORM AS A RESULT OF ERRORS MADE IN ENTERING INFORMATION INTO THE POPCORN TRAILER PLATFORM BY USER OR ON USER’S BEHALF, INCLUDING INCORRECT PRICING, TARGETING OR BUDGETING INFORMATION.
NOTWITHSTANDING ALL OF THE FOREGOING, NOTHING HEREIN SHALL LIMIT USER’S OBLIGATION TO PAY FOR MEDIA SPEND. POPCORN TRAILER IS NOT LIABLE FOR ANY OUTAGES OR DOWNTIME OF THEPLATFORM.
IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, EACH PARTY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
POPCORN TRAILER TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $100 OR, IN THE CASE OF ANY PURCHASES USER MAKES THROUGH THE PLATFORM, THE AMOUNTS PAID BY USER TO POPCORN TRAILER FOR THOSE PURCHASES IN THE 3 MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO ANY LIABILITY. USER AGREES THAT POPCORN TRAILER WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
“Confidential Information” means any information relating to or disclosed in the course of the Agreement, which is or should be reasonably understood to be confidential.
The terms of this Agreement are the Confidential Information of each party (not to be disclosed by a party without the written consent of the other) and data regarding the performance of the
systems and Services is Popcorn Trailer Confidential Information.
Popcorn Trailer shall indemnify, defend and hold harmless User and its directors, officers, employees and agents (and successors, heirs and assigns) (the “User Parties”) against any liability, damage, loss or expense (including reasonable attorneys’ fees and costs) incurred by the User Parties in connection with any third-party claim that Popcorn Trailer’s proprietary technology that provides the Services, in the form provided by Popcorn Trailer, infringes any US patent or other third party intellectual property right.
User shall indemnify, defend and hold harmless Popcorn Trailer and its directors, officers, employees and agents, its and their respective successors, heirs and assigns (the “Popcorn Trailer Parties”) against any liability, damage, loss or expense (including reasonable attorneys’ fees and costs) incurred by the Popcorn Trailer Parties in connection with any third-party claim arising out of or relating to:
(a) User’s access to or use of the Platform or Services.
(b) User Data or other data, information, or content that User provides through the Platform.
(c) User’s breach of any representation, warranty, or other provision of this Agreement.
The indemnified party will provide the indemnitor with prompt notice of any claim (provided that the failure to promptly notify shall only relieve indemnitor of its obligation to the extent it can demonstrate material prejudice from such failure) and at the indemnitor’s expense, provide assistance reasonably necessary to defend such claim.
The indemnitor will not enter into a settlement that would result in liability to the indemnified party without the indemnified party’s prior written consent, which shall not be unreasonably withheld or delayed.
This Agreement may be terminated by either party at any time, in that party’s sole discretion, upon notice to the other party as permitted under this Agreement.
Upon termination or expiration of this Agreement for any reason:
(a) All rights and subscriptions granted to User
under this Agreement will terminate.
(b) User will immediately cease all use of and access to the Platform and all Services (including, without limitation, all Popcorn Trailer Data Use obtained prior to termination).
(c) Popcorn Trailer may, in its sole discretion, delete User’s account and any User Data held by Popcorn Trailer at any time, (until final payment), and will survive expiration or termination of this Agreement.
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of North Carolina, U.S.A. as such laws apply to contracts between North Carolina residents performed entirely within North Carolina without regard to the conflict of laws provisions thereof.
Each party will bring any action or proceeding arising from or relating to this Agreement exclusively in a federal or state court in Charlotte, North Carolina, U.S.A., and the parties irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts.
If you have any additional questions or concerns about our Terms of Service or any other privacy or security issue, please contact us.