We strongly encourage you to thoroughly review and inquire about the terms on this page before acquiring any service from BlueMedia Agency. By proceeding with any purchase, you acknowledge and agree to abide by these terms and conditions, which outline the framework of our relationship.

Each package is a recurring monthly subscription, but you have the option to cancel at any time before your next billing date, as detailed below.

Upon placing an order with us, we pledge to disseminate a predetermined quantity of news articles within a stipulated timeframe, usually three months, though this duration may fluctuate based on the specific terms of our agreement with you. You are permitted to select only one media coverage at a time (no repetitions), and we guarantee the media coverage of news articles about your company or personal brand as specified in your media coverage plan, which you will either receive prior to or following payment. The media coverage schedule can differ, with some media outlets publishing your news articles within a few days, while others may have a more extended media coverage cycle contingent on current demand and the volume of articles being submitted for media coverage. In certain scenarios, the media coverage process could extend up to three months, which is why this guarantee is phrased as it is. We aim to expedite the process as swiftly as possible, and the quicker you respond to our questionnaire and provide information, the quicker we can publish your news articles.

Some subscriptions come with a “Google First Page Guarantee”. The condition for this guarantee is that you subscribe to a minimum term of 12 months, and post content on your website, which we will link to the news stories we publish. If we fail to achieve page 1 ranking for relevant keywords related to your company or brand, we will continue working with you at no charge until we achieve it.

Terminating your monthly subscription, known as “month-to-month,” is straightforward. Simply email us before your next billing date to request the cancellation of the service, and we will immediately terminate your monthly billing arrangement.

For subscriptions requiring a 3, 6, or 12-month commitment, we commit to creating and editing a specified number of news stories within the initial term of your subscription. If you cancel before the end of this initial period, no further work will be completed. If you breach our agreement, we reserve the right to take screenshots of your published news stories as evidence of our fulfilled responsibilities and request their removal.

If you cancel after the initial term, we agree to continue creating, editing, and publishing a specified number of news stories each month, aiming to meet the average monthly news story count stipulated in your subscription.

If you cancel after your billing date or the next charge date, we will fulfill the agreed number of news stories as outlined above, but no refunds will be provided.

Upon termination, subject to any initial term and this Cancellation Policy, the parties will have no further obligations to each other.

1. Refunds (in part or in full) are only considered if we are unable to fulfill our contractual obligation to publish your news story or stories, subject to the paragraphs below.
2. First Month Deliverables Can Be Delayed due to client not engaging with us in a timely manner: The speed of writing, editing and ultimately media coverage depends on how quickly you answer our questionnaire, respond to our initial drafts with comments or your approval and how smoothly the writing process progresses as set out below. You can rewrite our news stories to speed up the process. You agree and acknowledge that if there is back and forth on the writing process which causes delay, or if there are public holidays that slow down the process in Month 1, that we will catch up in Month 2 and that you will not use this as a basis to request a refund, charge back and no such refund will be granted in this regard.
3. Good Faith: If, after making a good faith effort to work with you to write an article or articles, you have not provided sign-off or failed to provide any edits or replied to our emails, then no refund will be issued. We will always publish your stories where indicated in your media coverage plan with your consent, and if a media coverage requires changes that you deem unacceptable, we will find another media coverage to publish your news story.
4. Dissatisfaction with Writing Style: We take great pride in the expertise and skills of our team of writers, journalists, and editors, and we have the utmost confidence in the quality of the work we provide our our valued partners. However, we do not entertain requests for full or partial refunds in the event that you are dissatisfied with the content we provide or if you opt to write your own news stories. We strongly encourage you to engage in a collaborative effort with us during the drafting process to ensure that our news stories effectively convey the message they intend to communicate to your audience.
5. Undisclosed, Adverse Information About Clients: In the event that we engage with you in good faith, and you withhold information about your business or person which leads to a media coverage not publishing due to an active criminal or civil case which was not known to us at the time of engagement, we will make reasonable efforts to publish your story on alternative news sites that are more tolerant with companies and individuals before the courts. In such a case, you are not entitled to a refund, but we will use our best efforts to publish the number of news stories purchased on alternative news sites. We will issue no refund if you ask us to defame a person or company after making payment.
6. News Stories Do Not Remain Live Forever: BlueMedia Agency guarantees publicity services to its our valued partners, including the media coverage of news stories and the provision of reports upon media coverage. However, BlueMedia Agency does not offer refunds if the news story is published, goes live, and a report is sent to the client, and subsequently the news story is taken down after media coverage or the media coverage or website itself ceases to exist. This is because BlueMedia Agency has fulfilled its obligation to provide the agreed-upon publicity services, and any external factors beyond BlueMedia Agency Media’s control that affect the continued availability of the media coverage or website do not constitute a breach of contract by BlueMedia Agency.
7. Failing To Cancel Prior To Next Billing Date: Our 3-month plans are billed monthly and require a commitment to the full term for optimal results. However, we stand behind our service: If deliverables (such as approved news stories, media coverages, or article credits) are not met by the end of any month, you will not be charged for the following month (for example, you will not be charged for the second month unless the first month’s deliverables are met, and the same applies to subsequent months); please note that we do not offer full refunds for any paid months. If you cancel during the 3-month term, no refunds will be issued for partial months, unused article credits, or any prior payments, but we will honor and deliver all remaining deliverables based on your purchased plan option, with pro-rated news stories prioritized and delivered as soon as you engage with us to approve the media coverage plan or draft stories. Additionally, if you cancel within the first 3 months, we will select media coverages from your plan that allow the fastest turnaround time to fulfill deliverables and conclude our relationship as quickly as possible, ensuring a smooth wrap-up without delaying your access to earned value. For any questions or to initiate a cancellation/refund request, contact our support team using the Contact Form we’re committed to your satisfaction and delivering high-quality results.
8. What Happens If We Don’t Publish On The .com Version? We publish news stories on news sites that are either .com, or a subsidiary site, depending on our inventory and our contacts for a particular media coverage. For example, Forbes is often published via Forbes Australia, or Forbes Israel and in some cases, Forbes US. The same for Entrepreneur.com which is often published via contributors who live in different parts of the world. Each media coverage will have its own peculiarities and you can ask questions about the format of an article, or the domain or sub-domain of an article prior to media coverage, but cannot request a refund or a replacement article after it has been published. No refunds will be issued, nor any article or news story republished because you are not happy with our media coverage plan to the extent that some media coverages are subsidiary sites of the .com brand, or that the article or news story was published on .com, or a subsidiary site, or that you are not happy with the country of origin of the Contributor that publishes your article. You acknowledge that you were shown examples of where we publish your news stories during the sales process, and to the extent that you claim you weren’t, the full list with examples is located here.
9. Purchasing By Accident Or For Other Reasons Where Client No Longer Wants or Needs Service: Refunds will not be provided for accidental purchases, medical conditions or any reason at all which prevents you from engaging with us or publishing articles after payment, or any similar reason or event.
10. Wikipedia engagements are non-refundable if we publish news stories about you or your company, and your page is subsequently deleted. Wikipedia is crowd-sourced and has strict content and notability guidelines, as well as a dedicated community of editors and administrators who work diligently to maintain the site’s integrity and accuracy.

We will use our best endeavours to cover your news in a way that is likely to pass editorial guidelines for Wikipedia, but it is outside our control if your page is subsequently amended or deleted. If this happens, we will substitute your Wikipedia page for a page on Wikitia, which has a lower bar for notability but you will not be eligible for a refund.

• Articles will remain live on the media coverage’s website for a minimum of 6 months.
• Our media coverages are distributed in the USA, UK, Europe, or Canada, unless otherwise specified.
• Each news story is unique and, unless explicitly stated in writing by you, will be tailored for each media coverage to prevent duplicate content.

Most of our media coverages offer do-follow links, while others do not. Some media coverages may change their policy on backlink following or later convert a do-follow backlink to a no-follow backlink. We have limited control over this aspect of our service, and there are no refunds if a do-follow link becomes a no-follow link after media coverage. We will provide the most current information to you during the sales process, but please note that media coverages may alter their link policy periodically.

Despite not contributing to SEO link building, nofollow links can still drive valuable referral traffic to a website if someone clicks on them. A well-placed blog comment with a nofollow link can significantly increase traffic and potentially lead to conversions. Additionally, nofollow links can directly result in someone purchasing a company’s products or services if the company consistently raises awareness and engages with its audience.

Lastly, links, whether nofollow or not, help build trust and establish a company as an industry authority. Therefore, it’s crucial to consider what links are beneficial for a business and its brand, rather than focusing solely on what links are beneficial for SEO purposes. Some experts recommend maintaining a balanced ratio of follow and nofollow links, while others suggest prioritizing do-follow links. Ultimately, the most important factor is to build a brand and make decisions that align with the business’s best interests.

We maintain a comprehensive list of organic or subtly sponsored media coverages. However, media coverages occasionally alter their policies regarding disclaimers. If a media coverage initially published your news story as organic and without disclaimers, or disclosed the affiliation or sponsorship between BlueMedia Agency and itself subtly but later introduces or prominently displays a disclaimer, you will not be eligible for a refund or partial refund. This is because we have no control over the actions of media coverages after your news story has been published.

Our team is composed of highly skilled and experienced writers and editors. However, there can sometimes be a gap in understanding between our team and your brand, which may lead to misunderstandings. To bridge this gap, we send a questionnaire after receiving payment to gather more information about your expectations for the content, including how you envision it being written. Our goal is to create content that both you and your audience will find engaging and enjoyable.

Our our valued partners often select compelling topics related to their business. If you’re unsure about what to write about, feel free to contact us for assistance. We have a skilled team experienced in enhancing the visibility of your articles.

Occasionally, changes to the news story may be necessary. The solution is straightforward: simply communicate the desired modifications directly to us. We always provide news stories in an editable format, allowing you to make adjustments, edits, or alter links as needed

Our writing service includes one initial draft and up to 3-4 rounds of edits for each news story to ensure it meets your expectations. If you require a complete restart or additional revisions beyond this, extra fees will apply. Please note that if you choose to modify the article yourself or make direct changes within it, no further charges will be incurred.

Occasionally, articles may not achieve immediate ranking, although a significant portion does, particularly within the Google News Feed. To enhance the likelihood of your news stories gaining strong rankings, it’s essential to seamlessly integrate links and logos into your website in a manner that is conducive to search engine optimization. Guidance on optimizing this integration can be provided following the receipt of our press media coverage report.

1. Ensure that your press release title consists of a minimum of 6-8 words (excluding prepositions and articles) and adheres to the following guidelines:

• Incorporate the company’s name or the name of the spokesperson/author in the headline.
• Avoid personal pronouns (I, Me, My, We, Us, Our, You, Your, Them, Their, etc.) in the headline.
• Refrain from using exclamation marks in the headline.
• Maintain a headline length of at least 6-8 words (excluding prepositions and articles).
• Exclude quotes from the headline.
• Avoid a promotional tone in the headline; information about discounts, pricing, and product specifications can be included in the subheadline or the article’s body.

1. Write the article in the third person voice, as first person (I, Me, My, We, Us, Our, etc.) and second person (You, Your, etc.) voices are not considered newsworthy, except within quotations.
2. Do not mention BlueMedia Agency in the headline or body copy, and refrain from making statements that could negatively impact our reputation or standing.

The process is expedited. We will present a media coverage plan containing headlines and corresponding media coverages. Upon your approval, we will proceed to craft your stories. Once you greenlight the media coverage of these stories, we will expedite the publishing process, prioritizing the fastest turnaround times for each media coverage and progressing to the slower ones. Subsequently, we aim to provide you with links to the published article(s) within 14-25 business days.

Certain publishers we collaborate with allow for authored media coverages, and we will specify these media coverages during our discussion via a Zoom call. If a particular publisher alters its guidelines regarding authored or contributor posts, we will substitute it with another media coverage that adheres to the updated guidelines. Please be aware that we have no influence over changes that may occur to publishers’ policie

You will receive the live links to your articles as soon as they are published, along with a report featuring the logos of each website (e.g., Forbes, Business Insider, Entrepreneur) and the corresponding URLs. In addition to using the direct links we provide, you can often find your articles by searching your brand name or “brand name + media coverage” on Google. To maximize trust and visibility, we recommend featuring the media coverage logos on your homepage, landing pages, contact page, and social media platforms, with each logo linked directly to the published article. This is a common best practice among our our valued partners to ensure easy access and to highlight your media coverage.

We offer various payment options, including wire transfer, credit card, direct debit (ACH), and USDT for our WEB3 our valued partners. Charges for news stories are billed on a monthly basis, and you have the flexibility to cancel anytime before the next billing period, as outlined above. We do not have lock-in contracts unless you’ve entered into an agreement with a minimum term. Our aim is to provide you with flexibility and choice in managing your subscription.

Typically, articles remain accessible for months or even years. However, in certain instances, particularly with publishers like Marketwatch, articles may be taken down within 3-6 months of media coverage. Please be aware that once we successfully publish your news story, no refunds will be issued if the story is subsequently removed. We advise considering the potential longevity of the media coverage when making your decision.

We maintain an extensive list of .com news sites, and our network also includes various international subsidiaries. Our arrangements with different websites vary, encompassing both .com and country-specific subsidiary sites. If you have any questions regarding whether a particular website falls under the .com category or is a subsidiary site, please inquire before media coverage.

The global news sites predominantly focus on the U.S. but may exist as either .com or country-specific subsidiaries, subject to our current inventory. As our inventory undergoes frequent updates, we cannot provide a comprehensive list. If you have concerns about the format of a news site’s URL, domain, sub-domain, or the specific placement of your article or news story on the site, feel free to ask us for clarification before proceeding with media coverage.

You have the right to inquire about the news site(s) before media coverage, and we are committed to addressing any questions you may have to the best of our ability. If there are any uncertainties, we strongly encourage you to seek clarification before proceeding with media coverage. Once an article is published, we are unable to make changes to the content, language, links (follow or no-follow), or any other details that may pose concerns, unless we are informed of such issues in advance. Therefore, proactive communication before media coverage is key to ensuring your satisfaction with the final result.

These websites have specific requirements for news stories, necessitating a press release format that announces corporate milestones, notable hires, or other significant achievements. It’s important to note that promotional content for individuals or blockchain projects is not permitted, as these platforms adhere to special editorial guidelines. To ensure compliance and successful media coverage, it is crucial to craft news stories in alignment with these specified editorial requirements.

We work with multiple editions of Forbes, including Forbes US and various international versions, which are available based on demand and client goals. While we can facilitate direct placement on Forbes US, we generally recommend that our valued partners first build publicity across a range of reputable media coverages. This not only maximizes visibility but also provides strong editorial references and credibility for the Forbes article. Additionally, this prior coverage supports the vetting and investigative measures conducted by the Forbes editorial team, increasing the likelihood of a successful and impactful placement.

We are pleased to offer the delivery of a comprehensive feature in an English-language subsidiary media coverage of Vogue Magazine online. It’s important to note that this feature in Vogue represents an upgrade available on Yearly, Quarterly, or Monthly subscriptions (excluding the Basic subscription). To secure this placement, a one-time additional fee of $1,600 is required in the month you wish to finalize the arrangement. This ensures the inclusion of your feature in this prestigious media coverage.

Our extensive portfolio of fashion media coverages primarily encompasses US-based platforms, with notable exceptions represented by some of our most popular media coverages. Publications such as Elle, Vogue, Harper’s Bazaar, GQ, Glamour, L’Officiel, and Marie Claire are delivered through international subsidiaries. Despite their global reach, these media coverages consistently rank strongly in the United States, ensuring optimal visibility and impact within the US audience.

1. Our website is https://bluemediaagencymedia.com (the ‘Website‘). The Website provides publicity, SEO, digital marketing and associated services (the ‘Services ‘).
2. We trade as BlueMedia Agency however the Website is operated by BlueMedia Agency Media, LLC, a company legally incorporated in the United States of America. Access to and use of the Website, or any of its associated Products or Services, is provided by BlueMedia Agency. Please read these terms and conditions (the ‘Terms ‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
3. BlueMedia Agency reserves the right to review and change any of the Terms by updating this page at its sole discretion. When BlueMedia Agency updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their media coverage. Before you continue, we recommend you keep a copy of the Terms for your records.

• Acceptance of these Terms occurs through your continued presence on the Website and/or the acquisition of a one-off service or subscription to any of our services. Additionally, you have the option to accept the Terms by clicking on the designated acceptance or agreement button provided by BlueMedia Agency in the user interface. This acceptance process may also be facilitated through our payment providers, such as Stripe or Paypal.

• Each party, both the Client and BlueMedia Agency, assures the other party that they will adhere to Privacy Legislation and all applicable legislation. Furthermore, each party guarantees the following:

1. Compliance with Privacy Legislation and other pertinent legislation, accompanied by the acquisition of all essential consents to fulfill the responsibilities outlined in this Agreement.
2. Possession of complete corporate power and authority to engage in, execute, and fulfill their obligations under this Agreement.
3. The execution, delivery, and fulfillment of this Agreement have been duly and validly authorized by all necessary corporate actions.

The Parties recognize that the terms of any contract or agreement are confidential. Neither Party will disclose the terms of this Agreement to any third party without the prior written consent of the other Party.

• To access the services, you must complete the Contact Us form on the website to have your details recorded in our CRM (the ‘Account’). During the registration process or continued use of the services, you may need to provide personal information, such as:

• Email address
• Name
• Company Name
• Website URL
• What you want to promote

You confirm that the information provided during registration is accurate, correct, up-to-date, and that the promotion you intend is not illegal.

Upon completing the registration, you become a registered member (‘Member’) and agree to abide by the Terms. You are not eligible to use the Services or accept the Terms if you are not of legal age to form a binding contract with BlueMedia Agency, or if you are prohibited from receiving the Services under the laws of California or other relevant jurisdictions

• As a Member, you commit to the following:

1. Use the Services only for purposes allowed by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
2. Take sole responsibility for safeguarding the confidentiality of your password and/or email address. Sharing your password with others may result in immediate cancellation of the Services.
3. Prohibit any use of your registration information by any other person or third parties. Notify BlueMedia Agency promptly of any unauthorized use of your password or email address or any security breach you become aware of.
4. Acknowledge that access and use of the Website are limited, non-transferable, and intended solely for your use of the Services provided by BlueMedia Agency.
5. Refrain from using the Services or the Website for any commercial activities unless specifically endorsed or approved by BlueMedia Agency’s management.
6. Avoid engaging in any illegal or unauthorized use of the Services or Website, including the collection of Members’ email addresses for unsolicited emails or the unauthorized framing or linking to the Website.
7. Understand that commercial advertisements, affiliate links, and other solicitations may be removed from the Website without notice, leading to the termination of the Services. Legal action may be taken for any illegal or unauthorized use of the Website.
8. Acknowledge and agree that any automated use of the Website or its Services is prohibited.

• Payment for the Services (referred to as the ‘Services Fee’) can be made through the following options:

1. Wire transfer into our nominated bank account.
2. Credit Card Payment (‘Credit Card’).
3. USDT.

All payments made during your use of the Services are processed through Wire transfer, Stripe, Paypal, or similar services. By using the Website, the Services, or making any payment related to your use of the Services, you confirm that you have read, understood, and agreed to abide by the terms and conditions of Stripe, Paypal, or any other payment service used, available on their respective websites.

You acknowledge and agree that if a request for the payment of the Services Fee is returned or denied by your financial institution or remains unpaid for any other reason, you are responsible for any associated costs, including banking fees and charges.

In the event of a chargeback, successfully reversing any charge, you consent to the removal of any news stories published about you, your company, and/or brand.

You also agree and acknowledge that BlueMedia Agency reserves the right to change its fees at any time. Unless specified otherwise, all payments are considered monthly subscriptions, as outlined above.

• The Website, its Services, and all associated products of BlueMedia Agency are protected by copyright. The material on the Website is safeguarded by copyright laws of the state of California and international treaties. Unless expressly indicated otherwise, all rights, including copyright, in the Services and compilation of the Website (comprising text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements, and interactive features) are owned or controlled for these purposes, and are reserved by BlueMedia Agency or its contributors.

All trademarks, service marks, trade names, and common law trademarks related to BlueMedia Agency, or images of our staff on our website, are owned, registered, and/or licensed by BlueMedia Agency. While you are a Member, BlueMedia Agency grants you a worldwide, non-exclusive, royalty-free, revocable license to:

1. Use the Website pursuant to the Terms.
2. Copy and store the Website and the material contained in the Website in your device’s cache memory.
3. Print pages from the Website for your own personal and non-commercial use.

BlueMedia Agency does not confer any other rights to you concerning the Website or the Services. All other rights are explicitly retained by BlueMedia Agency.

BlueMedia Agency maintains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

• Business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright.
• Right to use or exploit a business name, trading name, domain name, trademark, or industrial design.
• Thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process).

Without the prior written permission of BlueMedia Agency and any other relevant rights owners, you may not broadcast, republish, upload to a third party, transmit, post, distribute, show, or play publicly, adapt, or change the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website that are freely available for re-use or are in the public domain.

• BlueMedia Agency places a high priority on your privacy, and any information you provide through your use of the Website and/or Services is subject to BlueMedia Agency’s Privacy Policy, accessible on the Website.

• Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the relevant consumer laws. These legal rights, including consumer guarantees, cannot be limited or excluded.

Subject to the above, and to the extent permitted by law:

• All terms, guarantees, warranties, representations, or conditions not expressly stated in the Terms are excluded.
• BlueMedia Agency will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from a failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms.

Your use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided “as is” and “as available” without any warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of BlueMedia Agency make any express or implied representation or warranty about the Services or any products or services referred to on the Website. This includes any loss or damage you might suffer due to factors such as failure of performance, error, interruption, loss of data, inaccuracies in information, or the operation of links provided for your convenience.

BlueMedia Agency’s total liability arising out of or in connection with the Services or these Terms, regardless of the cause (including under contract, tort, in equity, under statute, or otherwise), will not exceed the resupply of the Services to you.

You expressly understand and agree that BlueMedia Agency, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, any loss of profit, loss of goodwill or business reputation, or any other intangible loss, however caused and under any theory of liability.

• The Terms will remain in effect until terminated by either you or us, as outlined on this page.

If you wish to terminate the Terms, you can do so by:

1. Providing BlueMedia Agency LLC with a 14-day notice of your intention to terminate.
2. Closing your accounts for all the services you use, if BlueMedia Agency LLC has made this option available to you.

Your notice should be sent in writing or through our Cancellation Form.

BlueMedia Agency LLC may terminate the Terms with you at any time if:

1. You have breached any provision of the Terms or intend to breach any provision.
2. BlueMedia Agency LLC is required to do so by law.
3. The provision of the Services to you by BlueMedia Agency LLC is, in the opinion of BlueMedia Agency, no longer commercially viable.

Subject to local applicable laws, BlueMedia Agency LLC reserves the right to discontinue or cancel your membership at any time. It may suspend or deny, at its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law, or if your conduct negatively impacts BlueMedia Agency’s name or reputation, or violates the rights of another party.

• You agree to indemnify BlueMedia Agency LLC, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:

1. All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with your content.
2. Any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so.
3. Any breach of the Terms.

• Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

1. Within 14 days of the Notice, endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
2. If, for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by BlueMedia Agency LLC.
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation, and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation.
4. The mediation will be held via Zoom.

Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and, to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.

• In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of the state of California.

• The Terms are governed by the laws of the state of California. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of the state of California without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

• Both parties confirm and declare that the provisions of the Terms are fair and reasonable. Both parties have had the opportunity to obtain independent legal advice and declare that the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

• If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.