TERMS OF SERVICE

Effective Date: August 11, 2026
Last Updated: August 11, 2026

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Welcome to Mode Media. These Terms of Service (“Terms”) govern your access to and use of the Mode Media website, services, content, and related features (collectively, the “Services”).

By accessing or using our website or Services, you agree to these Terms. If you do not agree, please do not use our website or Services.

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1. About Mode Media

Mode Media (“Mode Media,” “we,” “us,” or “our”) is a marketing agency providing services that may include social media marketing, content creation, paid advertising, branding, website design and development, photography, video production, marketing strategy, and related services.

Specific services provided to clients may be governed by a separate proposal, statement of work, service agreement, or other written agreement. If a separate written agreement conflicts with these Terms regarding paid client services, the separate agreement will control to the extent of that conflict.

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2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to purchase or contract for our Services.

By using our Services on behalf of a company or organization, you represent that you have authority to bind that organization to the applicable agreement.

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3. Website Use

You may use our website for lawful purposes only.

You agree not to:

• Use the website for unlawful, fraudulent, or malicious purposes.

• Attempt to gain unauthorized access to our website, servers, systems, accounts, or data.

• Interfere with the operation or security of the website.

• Introduce viruses, malware, automated attacks, or other harmful technology.

• Scrape, copy, reproduce, or commercially exploit website content without authorization.

• Impersonate another person or organization.

• Use our intellectual property in a way that suggests an affiliation or endorsement that does not exist.

We may restrict or terminate access to the website if we reasonably believe these Terms have been violated.

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4. Marketing Services

Information presented on our website describes our services generally and does not guarantee that a particular service, strategy, result, timeline, or price will be available to every client.

The exact scope, deliverables, pricing, payment schedule, deadlines, revision terms, ownership rights, and other requirements for client projects may be established through a separate agreement.

5. No Guarantee of Results

Marketing performance depends on numerous factors outside Mode Media's control.

Unless expressly guaranteed in a separate written agreement signed by Mode Media, we do not guarantee any specific level of:

• Revenue or profit;

• Leads or customers;

• Sales;

• Website traffic;

• Social media followers or engagement;

• Advertising performance;

• Search engine rankings;

• Conversion rates;

• Return on advertising spend or investment; or

• Other business or marketing outcomes.

Past performance, case studies, testimonials, portfolio examples, or results achieved for other clients do not guarantee future results.

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6. Client Responsibilities

Clients are responsible for providing accurate and timely information, materials, approvals, account access, credentials, brand assets, and other resources reasonably required for Mode Media to perform agreed-upon Services.

Clients are responsible for ensuring that materials supplied to Mode Media may legally be used for the intended purpose.

Delays in providing required materials, access, feedback, or approvals may affect project timelines and results.

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7. Third-Party Platforms and Services

Our Services may involve third-party platforms and services, including social media platforms, advertising networks, website hosting providers, analytics providers, payment processors, software platforms, and other technology providers.

Mode Media does not control these third parties and is not responsible for their availability, policies, algorithms, outages, account restrictions, suspensions, pricing changes, platform changes, or other actions.

Your use of third-party services may also be subject to their own terms and privacy policies.

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8. Advertising Accounts and Spending

Where Mode Media manages paid advertising, advertising spend and agency service fees may be separate unless otherwise stated in a written agreement.

Clients remain responsible for advertising charges incurred through their advertising accounts unless otherwise agreed in writing.

Advertising platforms ultimately control ad approval, delivery, account status, targeting availability, and related platform decisions.

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9. Intellectual Property

Unless otherwise stated, the Mode Media website and its original content, branding, graphics, designs, text, photographs, videos, logos, trademarks, and other materials are owned by or licensed to Mode Media and are protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, sell, license, publish, or commercially exploit our website content without prior written permission.

Ownership and usage rights relating to work created specifically for a client will be determined by the applicable client agreement.

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10. Portfolio and Client Work

Mode Media may display completed work, publicly released campaigns, client names, logos, or project results in our portfolio, website, social media, presentations, and promotional materials when permitted by the applicable client agreement or client authorization.

Any confidentiality or portfolio restrictions contained in a separate written client agreement will control.

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11. User Submissions

If you submit information through our website, including a contact form, inquiry, project request, or other communication, you represent that the information you provide is accurate and that you have the right to provide it.

Submitting an inquiry does not create an agency-client relationship.

An agency-client relationship begins only when Mode Media and the client enter into an applicable agreement.

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12. Payments, Cancellations, and Refunds

Payment obligations, deposits, recurring fees, cancellations, refunds, and termination terms for paid Services will be governed by the applicable proposal, invoice, subscription terms, statement of work, or client agreement.

Unless otherwise expressly agreed in writing, payments for Services already performed are non-refundable.

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13. Confidentiality

Where applicable, Mode Media will use commercially reasonable measures to protect confidential information provided by clients.

Specific confidentiality obligations may be established in a separate client agreement or nondisclosure agreement.

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14. Website Availability

We attempt to maintain a reliable and secure website but cannot guarantee uninterrupted or error-free operation.

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We may modify, suspend, remove, or discontinue any portion of the website at any time.

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15. Disclaimer of Warranties

To the fullest extent permitted by law, our website and any general information available through it are provided on an “as is” and “as available” basis.

Mode Media disclaims warranties not expressly provided in a written agreement, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by applicable law.

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16. Limitation of Liability

To the fullest extent permitted by applicable law, Mode Media will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to use of the website or Services, including lost profits, lost revenue, lost data, business interruption, or loss of business opportunities.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

Additional limitations applicable to paid client Services may be included in the applicable client agreement.

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17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Mode Media and its owners, employees, contractors, and representatives from claims, liabilities, damages, and reasonable expenses arising from your unlawful use of the website, your violation of these Terms, or materials you provide that infringe the rights of another party.

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18. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Any dispute will be handled in accordance with applicable law and any dispute-resolution provisions contained in a separate agreement between Mode Media and the applicable client.

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19. Changes to These Terms

We may update these Terms periodically.

When changes are made, the updated version will be posted on this page with a revised “Last Updated” date.

Continued use of the website after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by law.

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20. Contact Us

Questions regarding these Terms may be directed to:

Mode Media
California, United States