These Terms of Service (“Terms”) are a binding agreement between you and [COMPANY LEGAL NAME] (“Rush Media,” “we,” “us,” or “our”). They govern your access to and use of our website at rushmediateam.com (the “Site”), the agency services we provide (the “Services”), and the software applications we make available (the “Products”). If you use the Site, Services, or Products on behalf of an organization, you agree to these Terms on its behalf and represent that you have authority to do so.
Please read Section 14 (Limitation of Liability) and Section 17 (Governing Law and Disputes) carefully. They affect your legal rights.
1. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services or Products. The Site, Services, and Products are intended for business use.
2. How these Terms fit with other agreements
Agency Services are performed under a separate written agreement, such as a master services agreement, statement of work, proposal, or order form (each a “Client Agreement”). Some Products may have additional terms presented when you sign up. If there is a conflict, the order of precedence is: (1) the Client Agreement or Product-specific terms; then (2) these Terms.
3. The Site
You may use the Site for lawful purposes to learn about Rush Media and contact us. Content on the Site is provided for general information only, may change without notice, and does not constitute an offer. Client names and logos appear on the Site to identify organizations we have worked with; they remain the property of their respective owners and their appearance does not imply endorsement of any statement on the Site.
4. Agency Services
Scope, fees, and payment
The scope, deliverables, schedule, fees, and payment terms for Services are set out in the applicable Client Agreement. Unless the Client Agreement says otherwise, invoices are due within the period stated on the invoice, and we may pause work on overdue accounts after giving notice.
Client responsibilities
You agree to provide timely feedback, approvals, access, and materials reasonably needed for us to perform. You are responsible for the accuracy of information you provide, for reviewing deliverables before use, and for ensuring that claims made in marketing materials about your products (including health, efficacy, and earnings claims) are truthful, substantiated, and compliant with applicable law, including FTC and FDA requirements. We may decline to produce content we reasonably believe is unlawful, misleading, or in violation of an advertising platform’s policies.
Client materials
You retain ownership of materials you provide to us (“Client Materials”), such as logos, product images, footage, and copy. You grant us a non-exclusive license to use Client Materials to perform the Services, and you represent that you have all rights needed to grant that license, including releases from people who appear in them.
Ownership of deliverables
Unless the Client Agreement states otherwise, upon our receipt of full payment we assign to you our rights in the final deliverables created specifically for you. We retain ownership of our pre-existing materials, tools, templates, software, know-how, and general skills (“Rush Media Materials”). To the extent Rush Media Materials are incorporated into a deliverable, we grant you a non-exclusive, perpetual, royalty-free license to use them as part of that deliverable. Deliverables may include third-party elements — such as stock media, music, fonts, talent performances, or open-source software — which are subject to their own license terms.
Portfolio use
Unless the Client Agreement says otherwise or you ask us not to in writing, we may identify you as a client and display non-confidential work we created for you in our portfolio and marketing.
5. Products
Accounts
Some Products require an account. You agree to provide accurate information, keep your credentials secure, and notify us promptly of unauthorized use. You are responsible for activity under your account, including by users you invite to your organization’s workspace.
License
Subject to these Terms and any applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Products for your internal business purposes during your subscription or access period. We may modify, suspend, or discontinue features, and we will give reasonable notice of material changes that adversely affect paid Products.
Fees
If a Product is offered for a fee, pricing and billing terms are presented at purchase or in your order form. Unless stated otherwise, fees are non-refundable and exclusive of taxes, and subscriptions renew automatically until cancelled.
Third-party platforms
Many Products connect to third-party platforms, such as advertising networks, ecommerce platforms (including Shopify), social media networks, and AI model providers. Your use of those platforms is governed by their terms, and you are responsible for complying with them — including advertising, content, and API policies. We are not responsible for third-party platforms, their availability, or changes they make that affect a Product’s functionality.
AI features
Some Products, including Gala and Mirage, generate content using artificial intelligence. AI output can be inaccurate, unoriginal, or similar to content generated for others. You are responsible for reviewing output before use, for the prompts and inputs you provide, and for ensuring your use of output complies with law and platform policies. To the extent we have rights in output generated for you, we assign them to you, subject to these Terms.
6. User content
“User Content” means material you or your users upload, save, submit, or generate in a Product. You retain your rights in User Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, display, and transmit User Content solely to operate, secure, and improve the Products and to provide them to you. You represent that you have the rights needed to submit User Content and that it complies with our Review & Content Policy. We may remove User Content that we reasonably believe violates these Terms or that policy.
7. Acceptable use
You agree not to, and not to allow anyone else to:
- use the Site, Services, or Products in violation of any law or third-party right;
- upload malware, or probe, scan, or test the vulnerability of our systems without our written permission;
- access the Products by automated means except through interfaces we provide, or interfere with or overload them;
- reverse engineer, decompile, or attempt to derive source code, except where the law permits it;
- resell, sublicense, or provide the Products to third parties except as we authorize;
- use the Products to build a competing product, or copy their features or design;
- circumvent usage limits, access controls, or security measures;
- use the Products to send spam, deceive people, harass anyone, or create or distribute content prohibited by our Review & Content Policy; or
- submit personal information you do not have the right to share.
8. Rush Media intellectual property
The Site, the Products, and Rush Media Materials — including software, designs, text, graphics, and the Rush Media name and logos — are owned by Rush Media or its licensors and protected by intellectual property laws. Except for the rights expressly granted in these Terms or a Client Agreement, no rights are granted to you.
9. Feedback
If you send us suggestions or feedback about the Site, Services, or Products, we may use them without restriction or obligation to you.
10. Confidentiality
Each party may receive non-public information from the other that is marked confidential or would reasonably be understood as confidential. The receiving party will use it only to perform under these Terms or the Client Agreement and protect it with reasonable care. This obligation does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or lawfully received from a third party, or where disclosure is required by law.
11. Privacy
Our Privacy Policy explains how we handle personal information. Where we process personal information on a client’s behalf, the Client Agreement (including any data processing addendum) governs.
12. Copyright complaints
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Our Review & Content Policy explains how to submit a notice and a counter-notice. We terminate the accounts of repeat infringers in appropriate circumstances.
13. Disclaimers
EXCEPT AS EXPRESSLY STATED IN A CLIENT AGREEMENT, THE SITE, SERVICES, PRODUCTS, AND ALL CONTENT AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ANY PARTICULAR BUSINESS RESULT, INCLUDING SALES, REVENUE, RETURN ON AD SPEND, CUSTOMER ACQUISITION COST, OR GROWTH, AND WE DO NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) RUSH MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, OR FOR THE ACTS OR OMISSIONS OF THIRD-PARTY PLATFORMS, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) RUSH MEDIA’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, SERVICES, PRODUCTS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO RUSH MEDIA FOR THE SERVICES OR PRODUCT GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.
15. Indemnification
You will defend, indemnify, and hold harmless Rush Media and its officers, employees, and contractors from any third-party claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your Client Materials, your User Content, the claims you make about your products or services, your use of the Site, Services, or Products in violation of these Terms or law, or your violation of a third-party platform’s terms.
16. Suspension and termination
You may stop using the Products at any time. We may suspend or terminate your access to a Product if you violate these Terms, if required by law, or if your use creates a security or legal risk, and we will give notice where reasonably practicable. Termination of Services is governed by the Client Agreement. Sections that by their nature should survive termination — including ownership, confidentiality, disclaimers, limitation of liability, indemnification, and dispute terms — will survive.
17. Governing law and disputes
These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms, the Site, the Services, or the Products will be brought exclusively in the state or federal courts located in the State of Nevada, and each party consents to the personal jurisdiction of those courts. Before filing a claim, each party agrees to try to resolve the dispute informally by written notice and good-faith negotiation for at least 30 days. Either party may seek injunctive relief to protect its intellectual property or confidential information in any court of competent jurisdiction.
18. General
These Terms, together with any Client Agreement and Product-specific terms, are the entire agreement between you and Rush Media on their subject matter. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us must be sent to the contact details below.
19. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms with a new effective date, and for material changes we will give additional notice, such as by email to account holders. Continued use after the effective date means you accept the updated Terms.
20. Contact
[COMPANY LEGAL NAME]
[ADDRESS]
Email: [EMAIL]