Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website at whbmedia.com (the “Site”) and any services provided by WHB Media (“WHB Media,” “we,” “us,” or “our”). By accessing the Site or engaging our services, you agree to these Terms. If you do not agree, do not use the Site or our services.

1. Business-to-business nature

WHB Media is a creator and influencer marketing agency that serves technology brands. Our services and this Site are directed at businesses, not consumers. By engaging us, you represent that you are acting on behalf of a business and are authorized to enter into a binding agreement on its behalf, and that you are using our services for business purposes. Engagements are generally structured as one-off, project-based arrangements unless otherwise agreed in writing.

2. Our services

WHB Media designs and runs influencer and creator marketing campaigns end-to-end, which may include creator curation and discovery, outreach, campaign management, creative direction, and coordination of deliverables between brands and creators. The specific scope, fees, deliverables, and timeline for any engagement are defined in a separate written agreement, statement of work, proposal, or order (an “Engagement Agreement”). In the event of a conflict between these Terms and a signed Engagement Agreement, the Engagement Agreement controls for that engagement.

The Site itself is provided for informational purposes and to allow you to contact us. Submitting an inquiry does not create an engagement or any obligation on either party until a written Engagement Agreement is in place.

3. Intellectual property

The Site and its contents — including text, graphics, logos, the WHB Media name and wordmark, layout, and design — are owned by or licensed to WHB Media and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for legitimate business purposes. You may not copy, reproduce, modify, distribute, scrape, or create derivative works from the Site or its contents without our prior written consent.

Ownership of work product, deliverables, and any license to use creator-produced content is governed by the applicable Engagement Agreement. Nothing on the Site transfers any ownership of intellectual property to you.

4. Results and performance disclaimer

WHB Media does not guarantee any specific results or outcomes from any campaign, placement, or engagement. Creator and influencer marketing outcomes depend on many factors outside our control, including audience behavior, platform algorithms, creator performance, market conditions, and the brand’s own product and offering.

Without limitation, we do not warrant or guarantee any particular level of views, impressions, reach, engagement, clicks, leads, conversions, sales, revenue, return on investment, or other commercial result. Any examples, estimates, projections, or past performance discussed are illustrative only and are not a promise or guarantee of future results. You are solely responsible for your own business decisions based on the services.

The Site and services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law.

5. Your responsibilities

You agree to provide accurate information, to hold any rights necessary for materials you provide to us, and to ensure that your campaigns and instructions comply with applicable laws and platform policies, including advertising-disclosure and consumer-protection rules (such as FTC endorsement guidelines and equivalent rules in other jurisdictions). You agree not to use the Site or our services for any unlawful, infringing, or abusive purpose.

6. Limitation of liability

To the maximum extent permitted by law, in no event will WHB Media or its members, officers, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Site, the services, or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Site, the services, or these Terms will not exceed the total fees actually paid by you to WHB Media for the specific engagement giving rise to the claim during the three (3) months immediately preceding the event giving rise to the liability, or, if no fees were paid, one hundred U.S. dollars (USD $100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

7. Indemnification

You agree to defend, indemnify, and hold harmless WHB Media and its members, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Site or services; (b) materials, information, or instructions you provide; (c) your campaigns, products, or business; or (d) your breach of these Terms or violation of any law or third-party right.

8. Third-party services

Our services may involve third-party platforms, creators, and providers. We are not responsible for the acts, omissions, content, terms, or policies of any third party, including social-media platforms and independent creators.

9. Governing law and dispute resolution

These Terms and any dispute arising out of or relating to them or to the Site or services are governed by the applicable laws of the jurisdiction in which the operating entity is established, without regard to its conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the competent courts of that jurisdiction over any dispute that is not otherwise resolved, and you consent to the personal jurisdiction of those courts. A separate Engagement Agreement may specify a different governing law or dispute-resolution process for that engagement, in which case it controls for that engagement.

10. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Changes are effective when posted. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

11. Severability and waiver

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of our right to do so later.

12. Contact

WHB Media
Email: legal@whbmedia.com