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Terms of Service

Effective Date: September 6, 2025

These Terms of Service ("Terms") govern your access to and use of postemedia.com (the "Site") and our influencer marketing and monetization services (the "Services"). By accessing the Site or using the Services, you agree to these Terms.

If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Site or request Services.

2. Services; Proposals and SOWs

Descriptions on the Site are informational and non-binding. Specific Services, deliverables, timelines, and pricing are governed by a mutually executed proposal or statement of work ("SOW"). If there is a conflict, the SOW controls.

3. Accounts & Information

You agree to provide accurate information and to keep it current. You are responsible for maintaining the confidentiality of any credentials and for all activity under your account.

4. Acceptable Use

You will not:

  • Use the Site/Services in violation of law or platform rules (e.g., spam, fake engagement, harassment, IP infringement).
  • Attempt to interfere with or disrupt the Site (e.g., malware, scraping beyond robots.txt, rate-limiting circumvention).
  • Misuse personal data obtained through the Services or violate third-party privacy rights.

We may suspend or terminate access for violations.

5. Client Materials & Licenses

You grant POSTE MEDIA a non-exclusive, worldwide, royalty-free license to use your trademarks, content, and accounts solely to perform the Services and showcase results in anonymized case studies (unless your SOW prohibits publicity). You represent you own or have rights to all materials you provide and that they do not infringe third-party rights.

6. Fees & Payment

Fees, payment schedule, and expenses are defined in the SOW/proposal. Unless stated otherwise, invoices are due net 15. Overdue amounts may accrue 1.5% per month (or the maximum allowed by law). You are responsible for taxes, excluding our income taxes.

7. Results & Platform Risk

We do not guarantee specific revenue, follower growth, or campaign outcomes. Platform policies and algorithms (e.g., Instagram, TikTok) may change and are outside our control.

8. Confidentiality

Each party may receive non-public information from the other. The receiving party will use such information only to perform or receive the Services and will protect it with reasonable care. Exceptions apply for information that is public, independently developed, or lawfully obtained from a third party.

9. Intellectual Property

Except for Client Materials, POSTE MEDIA retains all rights in the Site, methodologies, templates, software, and pre-existing IP. Subject to full payment, you receive a non-exclusive, non-transferable license to use deliverables for your internal business purposes, as specified in the SOW.

10. Third-Party Services

The Services may involve third-party tools/platforms. Your use of those services is subject to their terms and policies. We are not responsible for third-party actions or changes.

11. Termination

Either party may terminate an SOW for material breach not cured within 10 days of notice, or for convenience as stated in the SOW. Upon termination, you will pay for Services rendered and non-cancelable commitments. Sections intended to survive (including Fees, Confidentiality, IP, Disclaimers, Liability, Indemnity, Governing Law, and Dispute Resolution) survive termination.

12. Disclaimers

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSTE MEDIA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO POSTE MEDIA FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain limitations; some parts may not apply to you.

14. Indemnification

You will defend, indemnify, and hold harmless POSTE MEDIA and its affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client Materials; (b) your use of the Site/Services in violation of these Terms or law; or (c) any breach of your representations or warranties.

15. DMCA / IP Complaints

If you believe content on the Site infringes your copyright, send a notice to our DMCA agent at office@postemediallc.com with: (i) your contact info, (ii) identification of the work and allegedly infringing material, (iii) a statement of good-faith belief, (iv) a statement under penalty of perjury that the information is accurate and you are authorized, and (v) your signature. We may remove content at our discretion.

16. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State where POSTE MEDIA LLC is registered in the United States (without regard to conflicts of law).

Arbitration: Except for small-claims matters or injunctive relief, disputes will be resolved by binding arbitration administered by JAMS under its Streamlined Rules, in the county and state of POSTE MEDIA LLC's principal place of business, in English. You and POSTE MEDIA waive class actions. Judgment on the award may be entered in any court of competent jurisdiction. You may opt out of arbitration within 30 days of first agreeing to these Terms by emailing office@postemediallc.com.

17. Changes to the Terms

We may update these Terms. The "Effective Date" will be revised when changes are posted. Continued use after changes means you accept the updated Terms.

18. Miscellaneous

  • Entire Agreement: These Terms plus any SOW/proposal are the entire agreement.
  • Assignment: You may not assign without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset sale.
  • Severability: If any provision is unenforceable, the remainder stays in effect.
  • No Waiver: Failure to enforce is not a waiver.
  • Notices: office@postemediallc.com, unless an SOW specifies otherwise.

19. Contact

POSTE MEDIA LLC
Email: office@postemediallc.com