Legal
Terms & Conditions policy
Introduction
Welcome to the Penny Black Media website (the “Site“). These Terms and Conditions (“Terms“) govern your access to and use of this Site, including the Penny Black Media client portal (the “Portal“), and any services, features, or content offered through them.
Penny Black media is a trading name of Spafax Networks, LLC. References to “Penny Black Media“, “we“, “us“, and “our” in these Terms are references to Spafax Networks, LLC trading as Penny Black Media.
By accessing or using the Site or Portal, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Site and Portal.
These Terms apply to all Users and Authorized Users and any other persons who access or use the Site.
Note: A separate Privacy Policy governs the collection, use, and storage of your personal data, including the use of cookies on this Site. Please review our Privacy Policy carefully.
Definitions
For the purposes of these Terms, the following definitions apply:
• “Authorized User” means an individual who has been granted access to the Portal by Penny Black Media at its sole discretion.
• “Newsletter” means the periodic publication produced by Penny Black Media and distributed by email to subscribers, containing Penny Black Media Content and references to or features of Third-Party Content.
• “Penny Black Media Content” means any content created and/or owned by Penny Black media, including without limitation, the Newsletter, website copy, graphics, software, and other original materials.
• “Portal” means the secure, password-protected area of the Site accessible only to Authorized Users.
• “Screener” means a preview version of Third-Party Content made available through the Portal solely for evaluation and licensing consideration purposes.
• “Third-Party Content” means any films, television programs, documentaries, short-form video, audio content, or other media owned and/or controlled by third party rights holders and made available by Penny Black Media through the Site or Portal or any other communication, including its Newsletter.
• “User” means any individual accessing the public-facing areas of the Site.
Use of the site
Permitted Use
You may access and use the Site for lawful purposes only, in accordance with these Terms. You may use the Site to:
• Learn about Penny Black Media’s services and catalogue;
• Contact Penny Black Media for business enquiries;
• Access the Portal if you are an Authorized User;
• Subscribe to the Newsletter.
Prohibited Use
You must not use the Site or Portal to:
• Violate any applicable local, national, or international law or regulation;
• Engage in any fraudulent, deceptive, or misleading activity;
• Attempt to gain unauthorized access to any part of the Site, Portal, or systems;
• Introduce viruses, malware, or other harmful code;
• Scrape, harvest, or systematically extract data or content from the Site;
• Use the Site in any manner that could damage, disable, overburden, or impair it;
• Reproduce, redistribute, publish, or commercially exploit any content from the Site without prior written authorization.
Portal – access & use
Registration and Accounts
Access to the Portal is restricted to Authorized Users and is granted at Penny Black Media’s sole discretion.
Each Authorized User will be issued individual login credentials. You are responsible for:
• Keeping your username and password strictly confidential;
• All activity conducted under your login;
• Ensuring that your login credentials are not accessed by any unauthorized person.
You must notify Penny Black Media immediately at [email protected] if you become aware of any unauthorized access to your login credentials or Portal access.
Portal Management
Penny Black Media reserves the right to:
• Grant, suspend, or revoke Portal access at any time without prior notice;
• Require you to update your credentials periodically for security purposes;
• Limit the number of Authorized Users.
Accuracy of Information
You agree to provide accurate, current, and complete information when registering for Portal access and to promptly update any such information as necessary.
Screeners – confidentiality & restrictions
Purpose
Screeners made available through the Portal are provided solely for the purpose of evaluating Third-Party Content for potential licensing. Access to Screeners does not constitute a grant of any license to use, distribute, broadcast, or otherwise exploit the Third-Party Content.
Confidentiality Obligations
All Screeners are strictly confidential. By accessing a Screener, you agree that you will:
• Not share, distribute, forward, copy, download, capture, record, or transmit any Screener to any third party;
• Not use any Screener for any purpose other than internal evaluation;
• Not make any Screener available on any public or private platform, network, or channel;
• Ensure that Screeners are only viewed by individuals within your organization who have a legitimate business need to evaluate such Third-Party Content.
No License Granted
Access to Screeners through the Portal does not create or imply any license, right, or entitlement to use, broadcast, distribute, or sublicense the Third-Party Content. Any rights to use or distribute Third-Party Content must be obtained through a separate, duly executed licensing agreement with Penny Black Media.
Breach of Screener Terms
Any unauthorized use, sharing, or distribution of Screeners may result in:
• Immediate termination of your Portal access;
• Legal action by Penny Black Media and/or the relevant content rights holders;
• Claims for damages, including losses suffered by third-party rights holders.
Intellectual Property
Third-Party Content
Penny Black media makes Third-Party Content available through the Site and Portal under distribution or licensing arrangements with the respective rights holders. All intellectual property rights in such Third-Party Content, including copyright, remain with the respective rights holders. Penny Black Media does not claim ownership of Third-Party Content.
Penny Black Media Content
All Penny Black Media Content on the Site is the property of Penny Black Media and is protected by applicable intellectual property laws. Nothing on the Site grants you any right or license to use these materials without our express written consent.
Trade Marks
All trade marks, service marks, and logos displayed on the Site are the property of their respective owners. You must not use any of these marks without the prior written consent of the relevant owner.
Third-party content & links
Third-Party Rights Holders
Penny Black Media acts as a distributor and does not warrant or represent the accuracy, completeness, or quality of any Third-Party Content. Any representations or warranties regarding the Third-Party Content are the responsibility of the respective rights holder.
Third-Party Links
The Site may contain links to third-party websites. These links are provided for convenience only and do not imply any endorsement or affiliation. Penny Black Media accepts no responsibility for the content, accuracy, or practices of any third-party websites.
Disclaimers
No Warranties
The Site and Portal are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Penny Black Media makes no representations or warranties of any kind, express or implied, including but not limited to:
• Warranties of merchantability, fitness for a particular purpose, or non-infringement;
• That the Site or Portal will be available, uninterrupted, timely, or error-free;
• That any defects will be corrected;
• That the Site or Portal are free from viruses or other harmful components.
Content Accuracy
While we endeavor to keep information on the Site accurate and up to date, we make no representations or warranties regarding the completeness or accuracy of any information provided on the Site.
Limitation of liability
To the fullest extent permitted by applicable law, Penny Black Media, its directors, employees, agents, and licensors shall not be liable for:
• Any indirect, incidental, special, consequential, or punitive damages;
• Any loss of profits, revenue, data, business, or goodwill;
• Any damages arising from your use of or inability to use the Site or Portal;
• Any unauthorized access to or alteration of your account or data;
• Any third-party conduct or content accessed via the Site.
This limitation of liability applies regardless of the basis of the claim, whether in contract, tort (including negligence), or otherwise, even if Penny Black Media has been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless Penny Black Media and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
• Your use of the Site or Portal;
• Your breach of these Terms;
• Any unauthorized use of Screeners or Third-Party Content;
• Any violation of any third-party right, including intellectual property rights.
Termination
By Penny Black Media
We reserve the right to suspend or terminate your access to the Site or Portal at any time, with or without notice, if we reasonably believe that you have breached these Terms or for any other legitimate business reason.
By the User
You may cease using the Site at any time. If you are an Authorized User and wish to deactivate your account, please contact us at [email protected].
Effect of Termination
Upon termination:
• Your right to access the Portal will cease immediately;
• All confidentiality obligations under Section 5 shall survive termination and continue indefinitely;
• Any provisions of these Terms that by their nature should survive termination shall continue in full force and effect.
Modifications to the site & terms
Changes to Terms
Penny Black Media reserves the right to update or modify these Terms at any time. Updated Terms will be posted on the Site with a revised “Last Updated” date. Your continued use of the Site or Portal following the posting of any changes constitutes your acceptance of the revised Terms.
Changes to the Site
We reserve the right to modify, suspend, or discontinue any aspect of the Site or Portal at any time without notice or liability.
Governing law & jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales, although Penny Black Media retains the right to bring proceedings against you in any other jurisdiction where necessary. The English courts shall have exclusive jurisdiction over any dispute arising out of your use of this Site.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Entire agreement
These Terms, together with our Privacy Policy and any separate written agreements between you and Penny Black Media, constitute the entire agreement between you and Penny Black Media in relation to your use of the Site and Portal, and supersede any prior understandings or agreements.
Contact Us
Please send any enquiries by email to [email protected].
Penny Black Media
1100 Town & Country Road, Suite 1250, Orange, CA 92868, USA
These Terms and Conditions were last updated on June 17, 2026.