1. Agreement and Acceptance

 

By subscribing to the Pro AV Daily Subscription Service ("Service") offered by MarketScale, you ("Subscriber") acknowledge and agree to abide by the stipulations set forth in these Terms and Conditions ("Terms"). Your use of and subscription to the Service represents your unconditional acceptance of these Terms, forming a binding agreement between you and MarketScale.

 

2. Service Description and Subscription Packages

 

MarketScale is proud to offer a suite of subscription services specially designed to cater to the Pro AV commercial integrator market. The subscription packages are detailed as follows:

 

Standard Subscription ($795/month): Subscribers are entitled to a daily delivery of branded content (delivered on weekdays excluding federal holidays) which encompasses a range of media including videos, infographics, social graphics, and written material, all fashioned for versatile application. Alongside, subscribers have limited access to MarketScale Studio, a facility allowing them to receive, store, and share media for a rolling period of 90 days. Beyond this period, it is incumbent upon subscribers to download and store the content for future use. Editing services by MarketScale are not encompassed within this package.

Premium Managed Posting Subscription ($1295/month): This premium package augments the benefits of the Standard Subscription by including managed posting services, whereby MarketScale facilitates content distribution to up to three designated social media accounts via Hootsuite. Subscribers are expected to assist in facilitating the necessary login credentials for this service. Although MarketScale strives to tailor content delivery to align with the subscriber’s market preferences, a guarantee of fully customized or unique content cannot be assured due to the integration of syndication elements within the service.
 

3. Customization and Branding

 

In the preliminary setup phase, MarketScale will dedicate resources to assimilate custom branding and prioritize video messaging to resonate with the subscriber’s target markets, thereby delivering pertinent and on-brand media. However, no revisions will be entertained post-delivery as this offering is standardized. MarketScale reserves the privilege to periodically revise branding and style, to maintain alignment with the evolving brand narratives of clients and uphold the service's quality and relevance.

 

4. Payment and Renewal Terms

 

Subscriptions are billed monthly, with a mechanism in place for automatic renewals to prevent service disruptions. Re-enrollment into discontinued subscriptions will be governed by the current pricing structure at the time of reactivation. A regular and timely monthly payment is vital to sustain an active subscription and to maintain uninterrupted access to the service offerings.

 

5. Intellectual Property Rights

 

Under the provision of a dual-license arrangement, both MarketScale and the Subscriber retain comprehensive rights to the distributed content. This facilitates unrestricted utilization across varied platforms and mediums, fostering collaborative content usage strategies between both parties.

 

6. Limitation of Liability

 

MarketScale unequivocally denies any liability for prospective direct or indirect consequences, damages, or other adverse effects that might stem from the use of the Service, including the Managed Posting program. Subscribers acknowledge that MarketScale assumes no responsibility for repercussions, outcomes, or any other ramifications stemming from the use or distribution of content made available through the Service.

 

7. Indemnification

 

Subscribers commit to indemnifying and holding MarketScale, its directors, employees, agents, and affiliates harmless from any claims, liabilities, damages, or losses, including but not limited to reasonable legal and accounting fees, arising from the use of the Service or any breach of these Terms.

 

8. Governing Law and Jurisdiction

 

These Terms are governed by the laws presiding in the jurisdiction of Dallas, Texas. Any disputes arising from the use of the Service will be adjudicated exclusively in the courts of Dallas, Texas, thus establishing a sole jurisdiction and venue for any conflicts ensuing under these Terms.

 

9. Cancellation Policy

 

Subscribers may cancel their subscription at any time by communicating their intent to proavdaily@marketscale.com. Subscribers are encouraged to initiate cancellation well in advance of the upcoming billing cycle to prevent charges for the forthcoming month. The cessation of services will be effective from the end of the billing cycle in which the cancellation notice was received.

 

10. Modifications to Terms

 

MarketScale reserves the exclusive right to modify these Terms at its discretion. Subscribers will be notified of any amendments through official communication channels. Continued use of the Service following notification constitutes agreement to the revised Terms.

 

11. Access to MarketScale Studio

 

Subscribers are accorded access to MarketScale Studio, where an unlimited number of company users are permitted. This access enables Subscribers to receive, store, and share media content, albeit without availing MarketScale's editing services. A 90-day rolling storage policy is in place within MarketScale Studio, after which subscribers are encouraged to download and retain content for uninterrupted access beyond this stipulated period.

 

12. Privacy Policy

 

MarketScale places utmost priority on safeguarding the privacy of its subscribers. The Privacy Policy elaborately outlines the practices governing the collection and use of personal data, underscoring a commitment to transparency and integrity in handling subscriber information.

 

By subscribing to the Pro AV Daily Subscription Service, you hereby affirm your comprehension of and agreement to comply with the standards and regulations encapsulated in these Terms.