Terms of Service

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Finley Media is a digital media sales and advertising company offering programmatic media placement, brand creation, OTT/CTV, social media management, and platform engineering. Specific deliverables, fees, timelines, and KPIs are set out in a separately executed Statement of Work or Insertion Order ("SOW"). In the event of conflict, the SOW controls.

• Fees are due per the SOW. Late amounts accrue interest at 1.5% per month or the maximum permitted by law.
• Media spend is typically prepaid; minimums and cancellation windows are vendor-dependent and may be non-refundable once placed.
• Taxes and third-party platform fees are your responsibility unless stated otherwise.

• Provide accurate brand assets, approvals, and timely feedback.
• Hold all rights, licenses, and consents necessary for materials you supply, including model and music releases.
• Comply with all applicable advertising laws, platform policies (Meta, Google, TikTok, Roku, etc.), and industry codes.

On full payment, you receive a non-exclusive, perpetual license to use the final approved deliverables for the purposes set out in the SOW. We retain ownership of pre-existing materials, working files, tools, methodologies, and analytics know-how. We may reference our work for portfolio and marketing purposes unless restricted in writing.

Advertising results depend on factors outside our control, including market conditions, creative, auction dynamics, and platform algorithms. We do not guarantee specific impressions, conversions, revenue, ranking, or ROI. Stated case-study results are historical and not predictive.

Services may rely on third-party platforms whose terms govern use of those platforms. We are not responsible for platform outages, policy changes, account suspensions, or pricing changes.

Each party will protect the other's confidential information with at least reasonable care and use it only to perform under the engagement. Aggregated, de-identified performance data may be used to improve our Services.

You will not use the Services to transmit unlawful, infringing, defamatory, deceptive, or harmful content; circumvent platform policies; or interfere with our systems.

THE SERVICES AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FINLEY MEDIA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY WILL NOT EXCEED THE FEES PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You will defend, indemnify, and hold Finley Media harmless from any third-party claims arising from materials you provide, your use of the Services, or your violation of these Terms or applicable law.

Either party may terminate as set out in the SOW or for material breach uncured after 15 days' notice. Sections that by nature should survive termination will survive, including IP, confidentiality, limitations of liability, and indemnification.

These Terms are governed by the laws of the State in which Finley Media is headquartered, without regard to conflict-of-laws principles. The parties agree to resolve disputes by binding arbitration on an individual basis; class actions are waived to the extent permitted by law.

We may update these Terms from time to time. Continued use after changes become effective constitutes acceptance.

The Finley Media Group of Companies
Email: legal@finleymediagroup.com
Text: (659) 225-8289