Terms & Conditions

Last Updated: January 24, 2023

Please review the following terms of use (“Agreement”), which govern your use of The Global Experience Co. (“The Global Experience Co.” or our/the “Site”) and the services (the “Service” or “Services”) offered by us. 

The Spokesman is a subsidiary of The Global Experience Co. The Spokesman is a creative digital video agency that helps brands humanize their video content by providing an authentic video representative. 

Your use of our Site and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement any applicable posted Site guidelines. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit the Site. 

Privacy Policy

In addition to reviewing this Agreement, you should also read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of the Site constitutes your agreement with the terms and conditions of the Privacy Policy. 

Changes to Agreement and Additional Rules of Usage

The Global Experience Co. reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement.

The Global Experience Co. also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.

Suspension or Termination of Your Use

Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to The Global Experience Co. other remedies. The Global Experience Co. further reserves the right to terminate, without notice, any user’s access to or use of the Site for any reason.

Ownership of the Site and Site Information

The Site is expressly owned and operated by The Global Experience Co. Unless otherwise noted, the design, content, and features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by The Global Experience Co. or its affiliates or are licensed from third party service providers by The Global Experience Co. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved. Affiliates, subsidiaries, licensees, and assigns of The Global Experience Co. shall include any and all third party service providers used at any time and for any purpose by The Global Experience Co. Notwithstanding the foregoing, any photograph uploaded to the Site by a user remains the property of the user who uploaded the photograph.

Site Information is Provided “As Is”

Site Information is provided “as is” with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. The Site may change, delete or update any Site Information at any time and without prior notice.

Use of the Service By You

If you have hired The Global Experience Co. or any of its agents, officers, employees, or representatives, to include Eric Presnall and The Spokesman, on any independent, third party freelancer platforms such as Upwork, you agree to abide by the terms and conditions as set forth on those sites. 

Non-Commercial Use Only

Except as permitted for users paying for and engaging in commercial activities as permitted by The Global Experience Co., the Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the Site for any purpose without written consent of or agreement with The Global Experience Co. You agree not to make use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or The Global Experience Co. Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Customer Reviews and Comments

The Global Experience Co may provide functionality that enables you to provide a review in connection with the Site and Services. You acknowledge and agree that you are responsible for any and all reviews and content you otherwise upload and make available in connection with the Site and Services and you agree to indemnify The Global Experience Co. for all Claims (as defined below) resulting from any review or comments you make available. You represent and warrant that (a) you have the authority to grant the rights in any such review or comments as set forth below; (b) such review, and the use thereof, will not violate any term of tthis Agreement; and (c) all opinions and statements contained in such review or comments (i) are true, honest, and an accurate reflection of your opinions about The Global Experience Co. and its Services, (ii) are not misleading, and (iii) are based on your own actual personal experience. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such review or comments.

You grant to The Global Experience Co., its affiliates, subsidiaries, licensees, and assigns the perpetual, worldwide, royalty-free, nonexclusive and absolute right and license to use, publicly and privately display, reproduce, publish, publicly and privately perform, exhibit, distribute or have distributed, transmit or have transmitted, post, broadcast, sublicense, sell, transfer, store, or otherwise make any commercial or non-commercial use of any review or comments that you make available on the Site, in whole or in part, for advertising, publicity, internal presentations, communications and training materials, and any other legal purpose, in any and all media whether now known or hereafter developed, including without limitation, on the internet, without consideration, notice, inspection, review, or approval thereof. For purposes of clarity, the foregoing grant includes the rights to modify, edit, combine with other materials, translate, include in collective works, and create derivative works based on your review or comments. You grant to The Global Experience Co. the right to use the first name and last initial associated with any review or comments that you make available to The Global Experience Co., in whole or in part, provided The Global Experience Co. shall have no obligation to exercise such right, or to otherwise provide any attribution for any review or comments.

Eligibility to Use the Site and the Services

The Global Experience Co. reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to The Global Experience Co. in its sole discretion. Although The Global Experience Co. attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against The Global Experience Co. for failing to adequately screen potential users or prevent the use of The Global Experience Co. or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.

The Site and the Services are not intended for users under the age of 18. To register for any Services offered on the Site, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians. The Global Experience Co. does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site. If a child under 13 submits information through any part of the Site, and The Global Experience Co. becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

Limitations on Service

You acknowledge that The Global Experience Co. may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by us, and the frequency with which you may access the Service. You agree that The Global Experience Co. has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that The Global Experience Co. reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that The Global Experience Co. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Access to the Service

The Global Experience Co. grants you a limited, revocable, nonexclusive license to access our Services for your own personal use. This license does not include: any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by The Global Experience Co. A limited exception to is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.

The Global Experience Co. does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by The Global Experience Co. to do so. You may create a hyperlink to the home page of The Global Experience Co., so long as the link does not portray The Global Experience Co., its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

The Global Experience Co. may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. The Global Experience Co. permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “The Global Experience Co.” as the source, (d) your use or display does not suggest that The Global Experience Co. promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden The Global Experience Co.’s systems. The Global Experience Co. reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by The Global Experience Co. immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from The Global Experience Co. that has been signed by one of The Global Experience Co.’s authorized representatives.

Termination of Service

You agree that The Global Experience Co., in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if The Global Experience Co. believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that The Global Experience Co. shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of this Agreement.

Disclaimer or Warranty and Limitation of Liability

You acknowledge that you are using the Site and the services at your own risk. The Site, the Site information and the services are provided “as is,” and to the full extent permitted by applicable law, The Global Experience Co., its affiliates, subsidiaries, licensees, and assigns hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. The Global Experience Co., its affiliates, subsidiaries, licensees, and assigns providers do not represent or warrant that access to the Site and its services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of theglobalexperience.co OR www.thespokesman.co.

The Global Experience Co. its affiliates, subsidiaries, licensees, and assigns shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this agreement, the provision of services hereunder, the sale or purchase of any merchandise ordered through the Site, your access to or inability to access the Site, Site information, or services, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the Site information or materials available through third party Sites linked to the Site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

You hereby agree to release The Global Experience Co., its affiliates, subsidiaries, licensees, and assigns, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this Site and its services. If you are a California resident, you waive California civil code section 1542, which states, in part: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Jurisdiction and Governing Law

The Global Experience Co. makes no representation that the Site Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in the Southern District of California. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

The Site is hosted in the United States.. If you are a non-U.S. user of the Site, by visiting the Site, using its Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

Third Party Content, Sites, and Services 

The Global Experience Co. and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of The Global Experience Co., including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for The Global Experience Co. to verify information provided by the seller of any item.

You agree that The Global Experience Co. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that The Global Experience Co. is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release The Global Experience Co., its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

In-Site Purchases

Users may purchase various services through the Site or use the Site as an intermediary to purchase services from us. The Site does not store any payment information submitted by you, and uses Stripe, Paypal, Airwallex and Quickbooks as third party payment processing services.

Proprietary Rights Notice

The Global Experience Co. and the Site names, logos, and other identifying marks are the property of The Global Experience Co.. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The Global Experience Co. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of The Global Experience Co., and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. The Global Experience Co., as well as certain other of the names, logos, and materials displayed on The Global Experience Co., constitute trademarks, trade names, service marks or logos (“Marks”) of The Global Experience Co. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with The Global Experience Co. or those other entities.

You automatically grant, and you represent and warrant that you have the right to grant, to The Global Experience Co. an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and any content created by The Global Experience Co. and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. By agreeing to purchase any Services by The Global Experience Co., you automatically grant us all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

The Global Experience Co. retains all ownership over all raw video footage, video files, project files, image files, audio files, and edited video files. The Global Experience Co. may, at its discretion, deliver such materials to you at an additional cost. 

Notwithstanding the foregoing, you will retain ownership of any content created for you by The Global Experience Co. The copyright or ownership rights of all video, images, audio, lyrics, or musical composition included or recorded in the edited video or recorded by equipment used by The Spokesman, will remain the property of the author or legal entity owning the copyright or otherwise retaining ownership rights over that material.

If you believe that any work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to The Global Experience Co.’s agent for notice of claims of copyright or other intellectual property infringement by email to eric@theglobalexperience.co.

Please include the following with your Notice to our Abuse Agent:
1. The identity of the material on The Global Experience Co. that you claim is infringing, in sufficient detail so that we may locate it on the website;
2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
3. Your address, telephone number, and email address;
4. A statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
5. Your physical or electronic signature.

SMS Short Code Terms & Conditions

If you provide your mobile phone number, we may use this information to send you transactional SMS updates about your requests, orders, and treatment via SMS short codes. Number and size of messages will vary per user based on evaluation/treatment length and stages. Reply ‘STOP’ to any SMS message to unsubscribe from SMS updates. Reply ‘HELP’ to get help. The Global Experience Co. does not charge any users fees to send or receive text messages. However, message and data rates may Sitely from your mobile carrier. We support the following mobile carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, Metro PCS, Nextel, Virgin Mobile, U.S. Cellular, and others. The wireless carriers are not liable for delayed or undelivered message. The Global Experience Co. will not be liable for any delays in the receipt of any SMS messages connected with our SMS Gateway. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator. The Global Experience Co. respects your privacy. We will only use the information you provide to transmit text messages to you. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. Text messages through your wireless carrier/service provider are not secure messages through encryption or similar technology, and therefore you should take care to include only the content you wish to share in the texts to our Customer Care agents. The Global Experience Co. respects your right to privacy. Please review our privacy policy here.

Indemnity 

You agree to indemnify and hold The Global Experience Co., its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of this Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.


Miscellaneous Information

This Agreement  and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and The Global Experience Co. and governs your use of the Service, superseding any prior agreement between you and The Global Experience Co. The failure of The Global Experience Co. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violation of Terms and Liquidated Damages

Please report any violations of this Agreement by sending an email to eric@theglobalexperience.co.Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Notwithstanding any other provision of this Agreement, The Global Experience Co. retains the right to seek the remedy of specific performance of any term contained in this Agreement, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or to seek to recover damages arising from or relating to a violation of this Agreement or any combination thereof.

Feedback 

We welcome your questions and comments. Please send them to eric@theglobalexperience.co.