MediaMarket Terms of Service and User Agreement

1. Introduction

Welcome to MediaMarket. These Terms of Service ("Terms") govern your access to and use of our website, applications, and related services (collectively, the "Services"). Please read them carefully.

2. Definitions

For the purposes of these Terms, the names "MediaMarket" and "OnMediaMarket" are used interchangeably and refer to the same platform and corporate entity operating the Services.

• Platform: OnMediaMarket and its owners, affiliates, employees, and agents.
• Client: a user who requests, posts, or purchases services or funds a listing.
• Fulfiller / Freelancer: a user who offers, accepts, or performs services for a Client.
• Services: any advertising, promotional, creative, or related work offered, requested, or completed through the Platform.
• Funds: any payment amounts made by a Client to the Platform for the purpose of paying a Fulfiller or refunding a Client.
• Service Contract: an agreement between a Client and a Freelancer formed on the platform.
• Escrow: payment facilitation where funds are held until release conditions are met.

3. Accounts

You must create an account to use certain features. You are responsible for your account and for keeping your credentials secure.

3.1 Eligibility

You must be at least the age of majority in your jurisdiction and capable of entering into a binding contract.

3.2 Security

You are responsible for all activity on your account. Notify us immediately of any unauthorized use. Do not share your credentials.

4. Use of the Service

4.1 Acceptable Use

Use the Services only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Activities

• Impersonation, misrepresentation, or fraud.
• Activities that infringe intellectual property or privacy rights.
• Interference with the platform’s operation or security.

5. Fees and Payments

Fees may apply to transactions on the platform. We may deduct platform fees from payments, and you authorize us and our payment processors to charge your chosen payment method, subject to applicable laws.

6. Contracts and Escrow

Clients and Freelancers may form Service Contracts. Where available, escrow functionality may be used to hold funds until milestones are approved or work is delivered as agreed.

7. Non-Circumvention

To protect users and the integrity of the marketplace, you agree not to circumvent the platform for the purpose of avoiding fees or applicable policies in relation to a connection made here.

8. Intellectual Property

All platform content and trademarks are owned by MediaMarket or our licensors. Users retain ownership of content they submit, but grant MediaMarket a limited license to operate and display it as needed to provide the Services.

9. Dispute Resolution

We encourage users to resolve disputes amicably. Where available, we may offer tools to facilitate resolution. If a dispute cannot be resolved, the governing law and venue described below apply.

10. Limitation of Liability

To the maximum extent permitted by law, MediaMarket will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

11. Termination

We may suspend or terminate your access to the Services for violation of these Terms or where required by law. You may close your account at any time.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by updating the date above and/or providing notice within the Services. Continued use after changes constitutes acceptance.

13. Platform Role

OnMediaMarket operates solely as a neutral venue connecting Clients and Fulfillers. The Platform does not directly perform or control any Services offered, nor does it employ, endorse, or supervise any user. All users acknowledge that OnMediaMarket is not a party to any agreement between a Client and a Fulfiller.

14. No Responsibility for User Conduct

By using the Platform, you acknowledge and agree that:

• The Platform is not responsible or liable for the quality, safety, legality, accuracy, or completion of any Services.
• The Platform does not guarantee outcomes, deliverables, or performance.
• Any dispute, claim, or issue between a Client and a Fulfiller is solely between those parties, and each releases the Platform from any and all claims, damages, losses, or demands related to such disputes.

15. No Fiduciary or Escrow Relationship

Funds collected by the Platform are held only for the limited purpose of facilitating transactions between Clients and Fulfillers. The Platform is not a bank, trust, escrow agent, or fiduciary and owes no fiduciary duties to any user. Users acknowledge that Funds are not insured deposits and may be commingled with other operational funds.

16. Payment Handling and Chargebacks

• All payments from Clients are collected by the Platform (or its designated payment processor) until a release decision is made.
• Funds will only be released to a Fulfiller after both the Client and the Platform agree that the conditions for payment have been satisfied.
• The Platform retains sole discretion to determine whether Funds should be released or refunded.
• If a Client initiates a chargeback, dispute, or payment reversal, the Platform has no obligation to disburse any Funds until the dispute is resolved.
• Users understand and agree that the Platform bears no liability for chargebacks, payment processor actions, or related financial losses.

17. Payment Processing Disclaimer

Payments on OnMediaMarket are processed through third-party payment providers. The Platform is not responsible for any delays, errors, holds, compliance actions, or losses caused by such processors or by financial institutions.

18. Independent Contractor Status

Fulfillers act as independent contractors, not employees, partners, or agents of OnMediaMarket. Nothing in this Waiver shall be construed to create a partnership, joint venture, agency, or employment relationship between the Platform and any user.

19. Limitation of Liability

To the maximum extent permitted by law: OnMediaMarket shall not be liable for any indirect, incidental, consequential, or special damages arising out of or relating to this Waiver or the use of the Platform. The Platform’s total liability, if any, shall not exceed the total fees paid by the user to OnMediaMarket during the three (3) months preceding the event giving rise to the claim.

20. No Warranties

The Platform and all related services are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. OnMediaMarket disclaims all warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

21. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to this Waiver, the Platform, or any Services shall be resolved through binding arbitration under the rules of the American Arbitration Association. Arbitration shall take place in Wilmington, Delaware, and each party shall bear its own costs unless otherwise determined by the arbitrator. Users waive their right to a jury trial and agree that arbitration is the exclusive forum for dispute resolution.

22. Release of Liability

To the fullest extent permitted by law, all users release, indemnify, and hold harmless OnMediaMarket and its affiliates, officers, agents, and employees from any claims, damages, or losses (direct or indirect) arising out of: User disputes or failed transactions; Performance or nonperformance of Services; Payment processing or chargeback decisions; Use of or inability to use the Platform.

23. Modification of Terms

OnMediaMarket may modify or update this Waiver at any time by posting a revised version on the Platform. Continued use of the Platform after such posting constitutes acceptance of the updated terms.

24. Governing Law

This Waiver shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

25. Entire Agreement

This Waiver constitutes the entire understanding between the user and OnMediaMarket regarding the subject matter hereof and supersedes all prior agreements or understandings, written or oral.

26. Marking a job as complete

When you mark a job as complete, unreleased funds will be designated for release to related parties. If finished jobs are not marked as complete, but the work has been delivered, we reserve the right to release the appropriate amount of funds to appropriate parties.

27. Client contract conditions

Client contracts created by the client for freelancers do not override the final terms of the onmediamarket waiver. This waiver supersedes conflicting terms set by client contracts. Furthermore, staggered payment dates named in client contracts may be normalized based off of actual contract acceptance dates to ensure reasonable timeframes, for both the freelancer and client.

28. Contact

Questions about these Terms? Contact support at support@mediamarket.com.