TERMS OF SERVICE

Effective Date: 11/22/2025

Welcome to WaveMark Media LLC (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website at wavemarkmedia.com (the “Site”) and any information, content, or services offered through it (collectively, the “Services”). By accessing or using the Site, you agree to these Terms. If you do not agree, please do not use the Site.

1. Use of the Site & Services

1.1 Eligibility
You represent that you are at least 18 years old and have the legal capacity to agree to these Terms.

1.2 Permitted Use
You may access and use the Site for lawful purposes only, in compliance with these Terms and applicable laws.

1.3 Prohibited Conduct
You agree not to:

  • Violate any applicable laws or regulations

  • Infringe on the intellectual property or rights of WaveMark Media or third parties

  • Upload or transmit viruses, malware, or harmful code

  • Attempt unauthorized access to systems or accounts

  • Interfere with the operation or security of the Site

  • Use automated tools or bots to access or collect data without permission

  • Impersonate any person or misrepresent your affiliation

2. Intellectual Property

2.1 Ownership
All content on the Site, including text, images, videos, graphics, logos, and other materials, is owned or licensed by WaveMark Media LLC and protected under copyright, trademark, and other laws.

2.2 Limited License
You are granted a limited, non-exclusive, non-transferable license to access and use the Site and Services for personal or business purposes only. You may not reproduce, distribute, publicly display, or create derivative works without permission.

2.3 User-Provided Content
If you submit content (such as messages or materials through forms), you grant WaveMark Media a worldwide, royalty-free, sublicensable license to use that content as needed to provide our Services. You warrant that you have all rights to submit the content.

3. Services & Projects

3.1 Engagements
All video production, editing, or related services are governed by separate written agreements (e.g., proposals, contracts, or statements of work). These Terms govern the use of the Site and general relationship only.

3.2 Client Materials
You are responsible for providing materials (scripts, logos, images, voiceovers) that are lawful and free of rights issues.

3.3 Delivery & Acceptance
Project deliverables will be reviewed according to the agreed timeline in your project agreement. After review or the lapse of the review period without objection, deliverables will be deemed accepted.

4. Fees & Payment

4.1 Payment
All payments are invoiced separately via your chosen payment method. The Site does not process payments.

4.2 Taxes
You are responsible for any applicable taxes related to the Services, except taxes on WaveMark Media’s income.

5. Disclaimer & Limitations of Liability

5.1 No Warranty
The Site and Services are provided “as is” and “as available,” without warranties of any kind.

5.2 Limitation of Liability
To the maximum extent permitted by law, WaveMark Media LLC is not liable for:

  • Indirect, incidental, special, or consequential damages

  • Loss of profits, revenue, data, or business opportunities

  • Any damages arising from your use or inability to use the Site or Services

Total liability is limited to the amount paid to WaveMark Media LLC for the applicable project, or $100 if none.

6. Indemnification

You agree to indemnify and hold harmless WaveMark Media LLC and its officers, employees, and agents from claims, damages, or expenses arising from:

  • Your breach of these Terms

  • Your submitted content or materials

  • Your violation of laws or third-party rights

  • Your use of the Site or Services

7. Termination

7.1 By WaveMark Media
We may suspend or terminate your access to the Site at any time for breach of Terms, legal compliance, or other reasons.

7.2 By You
You may stop using the Site or terminate service engagements according to your project agreement.

7.3 Effect of Termination
Intellectual property rights, disclaimers, limitations of liability, and indemnification survive termination.

8. Third-Party Links & Services

The Site may include links or integrations with third-party websites or services. WaveMark Media LLC is not responsible for their content, availability, or practices. Interactions with third parties are solely between you and them.

9. Privacy

Your use of personal data is governed by our Privacy Policy, incorporated here by reference.

10. Modifications & Updates

We may revise these Terms at any time by posting the updated version on the Site. Your continued use constitutes acceptance.

11. Governing Law & Dispute Resolution

These Terms and any disputes arising from them or the Services are governed by the laws of California, without regard to conflict of law principles. Disputes are subject to the courts in San Diego County, California.

12. General Provisions

No Waiver: Failure to enforce any provision is not a waiver.
Severability: If a provision is invalid, the remainder remains in effect.
Assignment: You may not assign rights without consent. We may assign to affiliates or successors.
Entire Agreement: These Terms, along with project agreements and Privacy Policy, constitute the complete agreement regarding your use of the Site and Services.

Contact Us

Questions about these Terms can be sent to:
kevin@wavemarkmedia.com