These Terms of Service ("Terms") govern your access to and use of the website at mediascl.com and the services provided by MediaScale Inc ("MediaScale", "we", "us" or "our"), 825 N Broadway Ave, Oklahoma City, OK 73102. Please read them carefully.
1. Acceptance of Terms
By accessing our website or using our services, you agree to be bound by these Terms and our Privacy Policy. If you use our services on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If you do not agree, do not use the website or services.
2. Our Services
MediaScale provides digital advertising management, customer acquisition tools and marketing analytics for entertainment industry and e-commerce clients. The specific scope, deliverables, budgets, timelines and fees for any engagement are set out in a separate insertion order, statement of work or services agreement ("Order"). If an Order conflicts with these Terms, the Order controls for that engagement.
3. Eligibility and Accounts
Our services are intended for businesses and individuals at least 18 years old. Where we provide access to dashboards, reporting tools or other accounts, you are responsible for keeping your login credentials confidential, for all activity under your account, and for notifying us promptly at hello@mediascl.com of any unauthorized use.
4. Client Responsibilities
You agree to provide accurate information, timely approvals and the materials reasonably needed for us to perform the services. You represent and warrant that all content, trademarks, product information, offers and data you provide to us:
- are owned by you or properly licensed for use in advertising;
- comply with applicable laws, including consumer protection, advertising, privacy and anti-spam laws;
- do not infringe or misappropriate the rights of any third party; and
- where they include personal information, were collected with any notices and consents required by law.
5. Fees and Payment
Fees, media budgets and payment terms are defined in each Order. Unless the Order states otherwise, invoices are due within thirty (30) days of the invoice date. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Fees exclude applicable taxes, which you are responsible for paying. We may pause services if undisputed amounts remain unpaid after written notice.
All prices are in US dollars (USD). We accept Visa, Mastercard and American Express; card payments are handled by a third-party payment processor. Refunds and cancellations are governed by our Refund Policy and Cancellation Policy.
6. Third-Party Platforms
Campaigns run on third-party advertising networks, publishers, social platforms and analytics providers. Your use of those platforms is also subject to their terms and policies. We are not responsible for their availability, policy decisions, ad rejections, account suspensions, reporting discrepancies or pricing changes, though we will work with you in good faith to address them.
7. Intellectual Property
You retain all rights in your brand assets, content and data. You grant MediaScale a non-exclusive license to use them solely to provide the services. MediaScale retains all rights in its website, software, tools, methodologies, templates and know-how. Upon full payment, you own the final campaign deliverables created specifically for you under an Order, excluding MediaScale's pre-existing materials and tools.
8. Confidentiality
Each party will protect the other party's non-public business, technical and financial information with at least reasonable care, use it only to perform or receive the services, and disclose it only to personnel and contractors who need to know it and are bound by similar obligations. These obligations do not apply to information that is public, independently developed or lawfully received from a third party, or that must be disclosed by law.
9. Disclaimers
Advertising performance depends on many factors outside our control. Except as expressly stated in an Order, we do not guarantee specific results, such as impressions, conversions, revenue or return on ad spend. The website and services are provided "as is" and "as available", and to the fullest extent permitted by law MediaScale disclaims all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.
10. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. MediaScale's total liability arising out of or relating to these Terms or the services will not exceed the fees (excluding media spend) you paid to MediaScale in the twelve (12) months before the event giving rise to the claim.
11. Indemnification
You agree to defend, indemnify and hold harmless MediaScale and its officers, employees and contractors from third-party claims, damages and costs (including reasonable attorneys' fees) arising from your content, products, offers or data, or from your breach of these Terms or applicable law.
12. Term and Termination
These Terms apply for as long as you use the website or services. Either party may terminate an Order as provided in that Order, or immediately on written notice if the other party materially breaches these Terms and fails to cure within fifteen (15) days. On termination, you will pay for services performed and media committed through the termination date. Sections 7 through 13 survive termination.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict-of-laws rules. The parties agree to first try to resolve any dispute informally within thirty (30) days of written notice. Any unresolved dispute will be brought exclusively in the state or federal courts located in Oklahoma County, Oklahoma, and each party consents to their jurisdiction.
14. Changes to These Terms
We may update these Terms from time to time. We will post the updated version on this page and change the effective date above. Material changes will not apply retroactively to an active Order without your agreement. Continued use of the website after changes are posted means you accept the updated Terms.
15. Contact Us
Questions about these Terms can be sent to: