These Terms of Service (“Terms”) govern your use of websites, forms, landing pages, applications, campaigns, promotions, ecommerce experiences, digital services, and other properties operated, managed, hosted, supported, or facilitated by Mullins Media Co. (“Mullins Media,” “we,” “us,” or “our”) for itself or for its customers (“Clients”).
“Applicable Client” means the business, organization, individual, brand, or other entity whose website, campaign, product, service, promotion, or other offering you are interacting with.
By affirmatively accepting these Terms or, where legally sufficient, accessing, submitting information through, purchasing through, or using an applicable service after being given reasonable notice of these Terms, you agree to them. If you do not agree, do not use the applicable service.
1. Mullins Media and Our Clients
Mullins Media provides marketing, advertising, websites, communications, customer relationship management, analytics, automation, artificial intelligence, ecommerce, content, technology, and related services to independent Clients.
When you interact with a Client’s website, campaign, product, promotion, or service, the Applicable Client generally remains responsible for its underlying products, services, pricing, warranties, representations, fulfillment, customer relationships, professional services, and other business obligations.
Mullins Media does not become the seller, manufacturer, publisher, employer, healthcare provider, financial provider, or other underlying provider merely because it provides marketing, technology, communications, payment-interface, automation, or other support.
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, fiduciary relationship, or agency between Mullins Media and a Client except where expressly established by a separate agreement.
2. Privacy and Communications
Our collection and processing of personal information is governed by our Privacy Policy, which is incorporated into these Terms.
Information submitted through an applicable service may be collected, accessed, processed, analyzed, used, shared, licensed, transferred, or sold by Mullins Media, the Applicable Client, and authorized third parties as described in the Privacy Policy and as permitted by applicable law.
By providing contact information, you authorize Mullins Media and the Applicable Client to use that information for transactional, administrative, customer-service, account, security, fulfillment, and other communications related to your interaction.
Marketing emails, promotional text messages, automated communications, advertising, and other marketing activities are subject to applicable law and any consent or opt-out rights required by law.
Agreement to these Terms or the Privacy Policy does not substitute for separate consent where the law requires separate or specific consent.
3. Information and Materials You Submit
You agree not to knowingly provide false, fraudulent, misleading, unlawful, or materially inaccurate information.
If you provide information or materials concerning another person, you represent that you have the authority or other lawful basis necessary to provide them.
If you upload or submit photographs, screenshots, receipts, documents, text, videos, recordings, files, reviews, responses, or other materials (“Submitted Materials”), you represent that you have the right to submit them for the applicable purpose.
You retain any ownership rights you may have in Submitted Materials, but you grant Mullins Media and the Applicable Client a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, reproduce, convert, resize, analyze, review, classify, process, and otherwise use the Submitted Materials for the applicable service and for the purposes described in the Privacy Policy, subject to applicable law.
Submitted Materials may be processed manually or automatically, including through artificial intelligence, machine learning, computer vision, data-extraction, fraud-detection, and other automated technologies.
You are responsible for removing unnecessary confidential, sensitive, or third-party information before submitting materials.
4. Purchases, Promotions, eGalleys, Downloads, and Giveaways
Clients may offer products, purchases, digital downloads, advance copies, eGalleys, promotional products, discounts, contests, giveaways, rewards, or other benefits.
Additional terms, eligibility requirements, purchase conditions, refund policies, promotion rules, or Client-specific terms may apply. Those additional terms control for the applicable transaction or promotion if they conflict with these general Terms concerning that specific activity.
Submission of information, payment, registration, or proof of purchase does not guarantee eligibility for a promotion, reward, download, giveaway, or other benefit unless expressly stated.
Mullins Media and/or the Applicable Client may use manual or automated methods to verify eligibility, purchases, submissions, identities, documents, or other information.
We may reject, suspend, investigate, or disqualify submissions that reasonably appear fraudulent, duplicated, manipulated, incomplete, unauthorized, illegible, abusive, automated, or inconsistent with applicable requirements.
Automated systems may make errors, and neither Mullins Media nor a Client guarantees that automated verification will be error-free.
5. Intellectual Property and Acceptable Use
Unless otherwise stated, websites, software, graphics, photographs, videos, designs, text, branding, trademarks, logos, databases, interfaces, and other content are owned by or licensed to Mullins Media, the Applicable Client, or another rights holder.
These Terms do not transfer ownership of that intellectual property to you.
Except as expressly authorized or permitted by law, you may not reproduce, distribute, sell, commercially exploit, modify, scrape, reverse engineer, interfere with, or create derivative works from protected content or systems.
You may not use an applicable service to:
violate law or another person’s rights;
commit or facilitate fraud;
impersonate another person;
obtain unauthorized access to systems, accounts, or information;
introduce malware or harmful code;
interfere with operation or security;
circumvent eligibility, security, access, or technical restrictions;
scrape or automatically extract information in violation of applicable restrictions;
abuse promotions, offers, forms, communications, or services; or
submit unlawful, infringing, fraudulent, or unauthorized materials.
We may investigate suspected abuse and may restrict or terminate access where reasonably necessary to protect Mullins Media, a Client, users, systems, or third parties.
6. Third-Party Services and Client Products
Applicable services may use or link to third-party websites, payment providers, social networks, ecommerce providers, advertising platforms, artificial-intelligence providers, software, hosting services, or other third parties.
Third-party services are governed by their own terms and policies.
To the fullest extent permitted by law, Mullins Media and the Applicable Client are not responsible for the independent acts, omissions, availability, security, policies, content, or practices of unrelated third parties.
The Applicable Client remains responsible for its underlying products and services except to the extent another agreement or applicable law provides otherwise.
Mullins Media is not responsible for claims arising solely from an Applicable Client’s independent products, services, conduct, representations, professional advice, fulfillment, warranties, or obligations.
7. Availability, Changes, and Suspension
We do not guarantee that any website, campaign, promotion, form, feature, content, download, integration, or digital service will always be available, uninterrupted, secure, accurate, or error-free.
Mullins Media and/or the Applicable Client may modify, replace, suspend, restrict, or discontinue services, features, promotions, content, or access at any time, subject to applicable contractual and legal obligations.
Neither Mullins Media nor the Applicable Client is responsible for delays or failures caused by circumstances reasonably beyond its control, including internet or telecommunications failures, third-party outages, cyberattacks, natural disasters, governmental actions, labor disruptions, equipment failures, or failures of third-party platforms.
8. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL SERVICES, WEBSITES, FORMS, CAMPAIGNS, CONTENT, TECHNOLOGY, AND RELATED FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE FULLEST EXTENT PERMITTED BY LAW, MULLINS MEDIA AND THE APPLICABLE CLIENT DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND ERROR-FREE OPERATION.
No statement in these Terms excludes a warranty, guarantee, remedy, or consumer protection that applicable law does not permit to be excluded.
Client-specific warranties concerning an underlying product or service may be governed by separate Client terms.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Mullins Media, the Applicable Client, and their respective owners, officers, directors, employees, contractors, affiliates, representatives, and agents (“Protected Parties”) will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, opportunities, data, goodwill, or business arising from or related to an applicable digital service.
To the fullest extent permitted by law, Mullins Media’s aggregate liability arising from a website, form, campaign, promotion, or other digital service will not exceed the greater of:
the amount you paid directly to Mullins Media for the specific service giving rise to the claim during the preceding twelve months; or
$100.
Where an Applicable Client’s liability arises from its underlying products or services, that liability may instead be governed by applicable law and any separate terms between you and that Client.
These limitations apply regardless of the legal theory asserted and even if a party has been advised that damages were possible, except where applicable law prohibits such a limitation.
Nothing in these Terms limits liability that legally cannot be excluded or limited.
10. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Protected Parties from third-party claims, liabilities, damages, losses, judgments, and reasonable costs and expenses arising from:
your unlawful or fraudulent use of an applicable service;
your material violation of these Terms;
your infringement or violation of another person’s rights;
Submitted Materials you knowingly provide without required authorization; or
fraud, abuse, or intentional misconduct associated with your account or submission.
This provision does not require a consumer to indemnify a Protected Party for that Protected Party’s own unlawful conduct where such an obligation would be prohibited by applicable law.
11. Mandatory Consumer Rights and International Users
Nothing in these Terms waives, restricts, or eliminates rights or protections that applicable law does not permit to be waived.
If a provision conflicts with mandatory law applicable to you, that law controls only to the extent of the conflict, and the remaining Terms continue to apply to the fullest extent permitted.
Users in the European Economic Area, United Kingdom, Switzerland, and other jurisdictions with mandatory consumer or privacy protections retain all non-waivable rights provided by applicable law.
Nothing in these Terms limits rights arising under applicable data-protection, electronic-communications, consumer-protection, unfair-contract-term, or similar mandatory laws.
Additional privacy rights are described in the Privacy Policy.
12. Governing Law and Disputes
Except where mandatory law provides otherwise, these Terms and any dispute arising from them are governed by the laws of the Commonwealth of Virginia, United States, without regard to conflict-of-laws rules.
To the extent legally permitted, disputes involving Mullins Media that are not subject to another binding dispute-resolution agreement will be brought in an appropriate state or federal court having jurisdiction in or serving Lynchburg, Virginia, and you consent to that jurisdiction and venue.
Nothing in this section deprives a consumer of a mandatory right to bring or defend a claim in another jurisdiction where applicable law grants that right.
A dispute concerning an Applicable Client’s underlying products, services, purchases, or contractual obligations may be governed by separate terms between you and that Client.
13. Changes, Termination, and General Terms
We may revise these Terms as services, Clients, technology, business practices, or laws change.
The “Last Updated” date identifies the most recent revision. Changes apply prospectively except where applicable law permits otherwise. Where notice or affirmative agreement is legally required for a material change, the required notice or agreement will be provided.
We may suspend or terminate access to an applicable service for violation of these Terms, fraud, abuse, security concerns, legal requirements, discontinuation of a service, or other legitimate operational reasons, subject to applicable law.
If any provision is invalid or unenforceable, it will be enforced to the maximum extent legally permissible or severed to the minimum extent necessary, and the remaining provisions will remain effective.
Failure to enforce any provision does not waive that provision or any other right.
You may not assign rights or obligations under these Terms where doing so would materially affect Mullins Media or the Applicable Client without permission. Mullins Media may assign its rights or obligations in connection with a merger, acquisition, restructuring, sale of assets, financing, or other business transaction to the extent permitted by law.
The Applicable Client and other Protected Parties are intended beneficiaries of provisions that expressly provide protections, disclaimers, limitations, releases, or indemnification in their favor and may enforce those provisions to the extent permitted by law.
Provisions that by their nature should survive termination—including intellectual-property provisions, licenses, disclaimers, limitations of liability, indemnification, and dispute provisions—will survive.
14. Entire Agreement and Contact
These Terms, the Privacy Policy, and any additional rules or terms presented for a particular website, transaction, Client, promotion, campaign, product, or service constitute the applicable agreement concerning use of that service, except where a separate written agreement expressly provides otherwise.
More specific Client, purchase, promotion, or campaign terms control over these general Terms only with respect to the subject matter they specifically address.
Questions regarding these Terms may be directed to:
Questions regarding an Applicable Client’s products, services, pricing, purchases, fulfillment, warranties, professional services, refunds, or other Client-specific obligations should generally be directed to that Client.
