TERMS AND CONDITIONS
Welcome to Media Pulse Agency!
These are the terms and conditions for:
By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website”, refer to Media Pulse Agency’ website, “we”, “us”, “our”, and “Media Pulse Agency”, refer to Media Pulse Agency, and “you”, and “user”, refer to you, the user or client of Media Pulse Agency.
The following terms and conditions apply to the website and services offered by Media Pulse Agency. This includes any version of Media Pulse Agency accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE WEBSITE.
This agreement sets forth legally binding terms for your use of Media Pulse Agency. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
Media Pulse Agency may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
By providing Media Pulse Agency with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.
Media Pulse Agency offers a wide range of specialized digital marketing services designed to maximize brand visibility and enhance interaction with our clients’ target audiences. Services offered by Media Pulse Agency include, but are not limited to, the following:
The contracting and use of the aforementioned services will be subject to the terms and conditions established by Media Pulse Agency. Services will be charged according to the services specifically contracted by the client. Media Pulse Agency will issue detailed invoices that will be sent to the client, which will contain precise information about the services rendered and the total amount to be paid. The client undertakes to pay for the services in accordance with the information contained in such invoices and within the deadlines stipulated therein.
Media Pulse Agency reserves the right to modify, add or discontinue any of the services offered, with prior notice to the client. Any change in the services contracted by the client that may affect the amount of the invoice will be communicated in a timely manner.
In case of late payment of services, Media Pulse Agency reserves the right to temporarily suspend the provision of services until the situation is regularized. Media Pulse Agency also undertakes to maintain the highest quality in the provision of its services and to act at all times with professionalism and ethics.
Finally, the client acknowledges that the results of digital marketing services may vary and that Media Pulse Agency does not guarantee a specific return on investment. However, Media Pulse Agency is committed to applying industry best practices and working closely with the client to achieve the desired goals.
This agreement comes into effect upon acceptance of the terms and conditions by the client and shall remain in effect until the completion of the contracted services or until terminated by either party in accordance with the conditions stipulated herein.
Media Pulse Agency shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Media Pulse Agency has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the services provided; (ii) the cost of procurement of substitute services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions conducted through or from Media Pulse Agency services; (iii) unauthorized access to, or alteration of, your transmissions or data; (iv) statements or conduct of third parties regarding Media Pulse Agency services; or (v) any other matter relating to Media Pulse Agency services.
Notwithstanding the foregoing, in no event shall Media Pulse Agency’s total liability under any provision of this Agreement exceed the amount actually paid by Client to Media Pulse Agency for the Services during the one-month period prior to the date of the first claim made by Client in connection with any particular matter. This limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Media Pulse Agency does not warrant that the Services will meet Client’s requirements, nor that the Service will be uninterrupted, timely, secure, or error-free; nor does Media Pulse Agency warrant the results that may be obtained from the use of the Services, the accuracy or reliability of any information obtained through the Services, or that defects in the Service will be corrected.
Client acknowledges and agrees that Media Pulse Agency has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. Client further acknowledges and agrees that Media Pulse Agency shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website or services.
This limitation of liability clause shall survive the termination or expiration of this agreement and/or the client’s use of the services.
All videos created by Media Pulse Agency for the client under any agreement or contract for services shall be deemed to be commissioned works and, as such, copyright ownership of such works shall be assigned to the client upon completion of full payment for the contracted services and any other amounts due to the Agency in any respect. This includes, but is not limited to, brand recognition videos, subscription-based Reels videos, video testimonials, and any other audiovisual content created specifically for the client by the Agency.
Notwithstanding the assignment of copyright to the client, Media Pulse Agency reserves the right to use any video created as part of its services for the client for Media Pulse Agency promotional purposes, including but not limited to, online portfolio, marketing materials, and social media, unless otherwise specifically agreed to in writing between the client and Media Pulse Agency. Such use by Media Pulse Agency shall not confer any additional ownership rights in the content to the client or in any way limit the copyrights assigned to the client.
Media Pulse Agency warrants that all videos and content created will be original works of the Agency and will not infringe the copyrights, trademarks, patents, or any other intellectual property rights of any third party. In the event that any content created by Media Pulse Agency results in an infringement of third party intellectual property rights, Media Pulse Agency shall assume full responsibility for and defend the client against all claims, demands, damages, costs, liabilities and expenses, including reasonable legal fees, arising directly or indirectly from such infringement.
The client, for its part, agrees not to reproduce, distribute, modify, create derivative works, publicly display, publicly perform, publish, download, store or transmit any of the materials produced by Media Pulse Agency, except as permitted under the copyrights assigned to them, without the prior written consent of Media Pulse Agency.
All content on the Media Pulse Agency website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Media Pulse Agency or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on Media Pulse Agency are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Media Pulse Agency prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Media Pulse Agency or any part of the material for any purpose other than its intended purposes is strictly prohibited.
Media Pulse Agency will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Media Pulse Agency respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.
The following activities are prohibited:
Due to the nature of the Internet, Media Pulse Agency provides and maintains the website on an “as is”, “as available” basis and does not promise that use of the website will be uninterrupted or error-free. We will not be liable to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Media Pulse Agency for any loss or damage caused as a result.
Media Pulse Agency shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Media Pulse Agency excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Media Pulse Agency and Media Pulse Agency shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Media Pulse Agency will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.
You agree to defend and indemnify Media Pulse Agency from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.
This agreement together with the privacy policy and any other legal notices published by Media Pulse Agency, shall constitute the entire agreement between you and Media Pulse Agency concerning and governs your use of the website and the services.
Media Pulse Agency shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.
You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and Media Pulse Agency. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.
In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.
In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.
These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of Florida. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts in Miami, Florida. This applies unless binding arbitration is agreed to in the applicable section.
Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.
In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.
If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:
Media Pulse Agency.
Email: support@mediapulseagency.com
Phone: +1 (305) 845-2826