Terms and Conditions
1. Introduction
Welcome to Pavilion Advertising, a division of Pavilion Entertainment LLC. These Terms and Conditions ("Terms") govern your use of the services provided by Pavilion Advertising ("we," "us," or "our"), including but not limited to advertising, marketing, promotional services, and any other related services (collectively, the "Services"). By engaging our Services or submitting content, you agree to be bound by these Terms.
2. Definitions
"Advertiser": Refers to any individual or entity that engages Pavilion Advertising, a division of Pavilion Entertainment LLC, for advertising services.
"Content Owner": Refers to any individual or entity that submits content to Pavilion Advertising through forms or other means for consideration of representation and potential inclusion in advertising campaigns across Pavilion Advertising’s network.
"Campaign": A series of advertisements or promotional content developed and delivered as part of the Services.
"Content": Refers to all advertisements, images, videos, texts, and any other material provided or approved by the Advertiser or Content Owner for use in the Campaign.
3. Services
3.1 Scope of Services
Pavilion Advertising provides a range of advertising services, including but not limited to:
Broadcast & Cable TV Advertising
AVOD (Advertising Video on Demand) Advertising
Movie Theater Advertising
Digital and Social Media Advertising
Branded Content and Product Placement
Market Research and Analytics
3.2 Content Submission
Content Owners may submit their content through designated forms or other means provided by Pavilion Advertising. By submitting content, the Content Owner agrees to the terms specified in Section 6 and understands that submission does not guarantee representation or inclusion in Pavilion Advertising’s network.
3.3 Review and Acceptance
Pavilion Advertising will review submitted content to determine its suitability for representation and inclusion in advertising campaigns. Pavilion Advertising reserves the right to accept or reject any content at its sole discretion. If accepted, Pavilion Advertising will enter into a separate agreement with the Content Owner outlining the terms of representation and any associated fees.
3.4 Customization
All Services will be customized according to the specific needs of the Advertiser as outlined in the Service Agreement. Pavilion Advertising will work closely with the Advertiser and, where applicable, the Content Owner to ensure that the Campaign meets their objectives.
4. Advertiser Obligations
4.1 Content Provision
The Advertiser must provide all necessary Content for the Campaign by the agreed deadlines. The Advertiser is responsible for ensuring that all Content is accurate, lawful, and compliant with all relevant advertising regulations.
4.2 Approvals
The Advertiser must provide timely approvals for any drafts, proposals, or revisions submitted by Pavilion Advertising. Delays in approval may affect the delivery schedule of the Campaign.
4.3 Payment
The Advertiser agrees to pay all fees associated with the Services as outlined in the Service Agreement. Payments must be made according to the schedule specified. Late payments may incur additional charges.
5. Pavilion Advertising Obligations
5.1 Service Delivery
Pavilion Advertising will deliver the Services as per the agreed timeline and specifications outlined in the Service Agreement. Pavilion Advertising will use reasonable efforts to ensure the successful execution of the Campaign.
5.2 Confidentiality
Pavilion Advertising will treat all information provided by the Advertiser or Content Owner as confidential and will not disclose it to third parties without the Advertiser’s or Content Owner’s prior consent, except where required by law.
5.3 Compliance
Pavilion Advertising will ensure that all advertisements and promotional materials comply with relevant laws, regulations, and industry standards.
6. Content Submission and Representation
6.1 Rights to Submitted Content
By submitting content to Pavilion Advertising, the Content Owner grants Pavilion Advertising a non-exclusive, worldwide, royalty-free license to review, evaluate, and use the content for the purpose of determining suitability for representation. If the content is accepted for representation, a separate agreement outlining the specific terms will be provided.
6.2 Warranties
The Content Owner warrants that they have the full right and authority to submit the content and that the content does not infringe on any third-party rights, including but not limited to copyright, trademark, or privacy rights.
6.3 Representation Agreement
If Pavilion Advertising agrees to represent the Content Owner, a separate representation agreement will be executed, outlining the terms of representation, including the scope of services, fee structure, and duration of the agreement.
6.4 Indemnification
The Content Owner agrees to indemnify, defend, and hold harmless Pavilion Advertising, Pavilion Entertainment LLC, and their affiliates from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to the submission or use of the content.
6.5 Removal of Content
Pavilion Advertising reserves the right to remove or refuse to use any content that it deems inappropriate, unlawful, or not in compliance with these Terms, even after initial acceptance.
7. Intellectual Property
7.1 Ownership
All Content provided by the Advertiser remains the intellectual property of the Advertiser. Content submitted by Content Owners remains their intellectual property, subject to the license granted to Pavilion Advertising in Section 6.1.
7.2 Pavilion Advertising IP
All materials created by Pavilion Advertising in connection with the Services, including but not limited to marketing strategies, templates, and designs, are the intellectual property of Pavilion Advertising and may not be used by the Advertiser or Content Owner for other purposes without written consent.
8. Campaign Modifications
8.1 Revisions
The Advertiser may request reasonable revisions to the Campaign. Pavilion Advertising will accommodate these requests where possible, but additional fees may apply for significant changes or revisions requested after the Campaign has been finalized.
8.2 Cancellations
If the Advertiser wishes to cancel the Campaign, they must provide written notice. Cancellation fees may apply depending on the stage of the Campaign and any costs incurred by Pavilion Advertising up to that point.
9. Limitation of Liability
Pavilion Advertising is not liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the Services, including but not limited to loss of profits, data, or goodwill. The total liability of Pavilion Advertising for any claim arising under these Terms shall not exceed the amount paid by the Advertiser for the Services in question.
10. Indemnification
The Advertiser and Content Owner agree to indemnify, defend, and hold harmless Pavilion Advertising, Pavilion Entertainment LLC, and their affiliates, employees, and agents from any and all claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of or related to their use of the Services, violation of these Terms, or infringement of any third-party rights.
11. Termination
11.1 Termination by Advertiser
The Advertiser may terminate the Service Agreement at any time by providing written notice to Pavilion Advertising. Upon termination, all outstanding payments must be settled within 30 days.
11.2 Termination by Pavilion Advertising
Pavilion Advertising reserves the right to terminate the Service Agreement or any Content Owner's submission immediately if the Advertiser or Content Owner breaches any of the Terms or if Pavilion Advertising, in its sole discretion, believes their actions are damaging to Pavilion Advertising’s reputation or business.
12. Force Majeure
Pavilion Advertising shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, strikes, or pandemics.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of California, without regard to its conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of California.
14. Amendments
Pavilion Advertising reserves the right to amend these Terms at any time. The Advertiser and Content Owner will be notified of any changes, and continued use of the Services after such notification constitutes acceptance of the amended Terms.
15. Entire Agreement
These Terms, together with the Service Agreement, constitute the entire agreement between Pavilion Advertising and the Advertiser and/or Content Owner, superseding all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter herein.
16. Contact Information
For any questions or concerns regarding these Terms, please contact Pavilion Advertising, a division of Pavilion Entertainment LLC, at:
Pavilion Advertising
Pavilion Entertainment LLC
10000 Washington Blvd,
Culver City,
CA 90232