Terms & Conditions

Last updated: [July 18th 2025]

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between MDM Media LLC, a limited liability company organized under the laws of the state of New Mexico (“MDM Media”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of MDM Media’s website: https://www.mdmmedia.co (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and MDM Media shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay MDM Media for services rendered shall remain and continue to be an ongoing obligation owed by Client to MDM Media.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of MDM Media and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics (the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by MDM Media and are protected by copyright and trademark laws. The Content and Marks are provided “As-Is” for informational and personal use only. No part of the Website or Content may be reproduced, distributed, or exploited for commercial use without express written permission from MDM Media.

2. Ownership of Materials

All content and original source files created on Client’s behalf (“Projects”) are the sole property of the Client upon payment in full. If any law were to cause MDM Media to own the Project, MDM Media irrevocably assigns its rights to the Client. The Client warrants that all materials provided to MDM Media are legally owned by Client and do not infringe on third-party rights. MDM Media reserves the right to publicly showcase Client work (social media, website, etc.) unless an NDA has been signed as stated in section 19.

3. User Representations

By using the Website, Client warrants that:

  • They have the legal capacity to agree to these terms;
  • They are not a minor;
  • They will not use the Website in a manner that violates any applicable laws or these Terms of Use.

4. Prohibited Activities

Client agrees not to:

  • Use the Website for unauthorized commercial purposes;
  • Interfere with the Website’s security, servers, or networks;
  • Copy or reverse engineer the Website;
  • Upload any harmful or disruptive content;
  • Harass or threaten MDM Media staff;
  • Misrepresent MDM Media or disparage its services.

5. Client Feedback

Any feedback, suggestions, or submissions from Client (“Submissions”) become the property of MDM Media. MDM Media may use them for any lawful purpose without compensation or acknowledgment, except where otherwise noted under Section 2.

6. Monitoring and Enforcement

MDM Media reserves the right to monitor the Website for violations and take legal or technical action at its sole discretion.

7. Privacy Policy

By using the Website, Client agrees to the Privacy Policy. Clients outside the U.S. acknowledge and consent to data processing within the U.S.

8. Refund Policy

Refunds are granted at MDM Media’s sole discretion. If a refund is requested during the first month, all materials created remain the property of MDM Media and may not be used by the Client. Any approved refund will incur a 25% fee on the remaining billable period. Stripe or transaction fees are non-refundable.

9. Modification of Terms

MDM Media may update or modify these Terms at any time without notice.

10. Website Availability

MDM Media does not guarantee uninterrupted access to the Website. Clients waive all claims against MDM Media for service interruptions.

11. Governing Law

This Agreement shall be governed by the laws of the State of New Mexico, without regard to its conflict of law rules.

12. Jurisdiction

Any disputes shall be resolved in courts located in Albuquerque, New Mexico and Client waives all objections to such jurisdiction.

13. Disclaimer

The Website and services are provided "as is" and "as available" without any warranties. MDM Media disclaims liability for errors, outages, viruses, or third-party content.

14. Limitation of Liability

MDM Media shall not be liable for indirect or consequential damages. Client agrees to indemnify MDM Media from claims arising from Client’s use of the Website or services.

15. Data Responsibility

Client is responsible for all data transmitted through the Website. MDM Media is not liable for data loss.

16. Electronic Communication Consent

Client agrees to electronic communication and e-signatures as legally binding.

17. Licensing

Client is solely responsible for ensuring all content used in their projects is properly licensed. MDM Media does not sell or transfer font or asset licenses.

18. Showcasing Work

Unless otherwise agreed upon in writing or via NDA, MDM Media may showcase Client projects on digital channels including website, social media, and portfolio platforms.

19. Referrals

Referral tracking and payouts are handled through our third-party partner, Rewardful (https://www.rewardful.com).

20. Entire Agreement

These Terms and all related policies constitute the full agreement between Client and MDM Media. If any term is deemed invalid, the rest shall remain in effect.

21. Contact

For questions or concerns, contact us at: hello@mdmmedia.co

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