Terms of Use

Lazy Rundown

Accepting the Rules

When you use Medialister, you agree to follow the rules that can change sometimes

Keep Your Account Safe

Make sure your account information and passwords are protected. Tell us if someone uses your account without permission.

Age Limit

You need to be at least 18 years old to use Medialister

Don't Misuse the Platform

Don't use Medialister for illegal things or to spread harmful software

Payments

Brands pay Medialister directly. Brands and Publishers do not pay each other.

Fees for Services

There is a 15% fee on transactions. Money paid for subscriptions cannot be returned

Owning Content

Medialister owns the content it provides, and using it without permission could get you into legal trouble

Publishers Keeps Secrets

If you're a Publisher, you need to keep any information you get from Brands private

Legal Matters

Any legal issues will be handled under Delaware law, and any court cases must take place in Delaware

Communication and Updates

Agreeing to notices and updates online is valid. It’s a good idea to regularly check for any changes.

Introduction

This Terms of Use Agreement (these "Terms") is a legally binding agreement between you and Medialister, Inc., a Delaware corporation located at 3602, 1007 N Orange St. 4th Floor , Wilmington, DE, New Castle, US, 19801, including its subsidiaries and affiliated companies (the "Medialister," "we" or "us"). 

These Terms govern your access and use of our website located at https://medialister.com and any other websites or applications referencing these Terms (collectively, this "Site"), as well as any services provided through this Site. 

If you have entered into a separate written agreement with Medialister governing your use of specific Medialister products or services, that agreement shall supersede these Terms solely concerning such products or services. 

By accessing this Site, you acknowledge that you have read, understand, and agree to be legally bound by these Terms.

General

Medialister may modify the Terms of Use from time to time. Just so you know, you agree to be bound to any changes to this Terms when you use the Medialister services after any such modification is posted. It is, therefore, important that you review these Terms regularly to ensure you are updated as to any changes.

Last update of this Terms — August 14, 2024

Terminology

Account is a web application program interface through which listing, searching, booking, payment, ordering and exchange of electronic documents are carried out. Only you and your authorized representatives may use the account created at Medialister. You shall keep your passwords confidential so that no one else gains access to your online account with Medialister. You shall promptly notify Medialister if you suspect that any unauthorized person has access to your passwords or your account.

Brands — acting as a buyer, any individuals or legal entities (or their authorized representatives who have permission to access the account for the purpose of purchasing services on Medialister Marketplace).

Publishers or Third Parties - acting as sellers, any person or entity (or any authorized person with an account on the Site who directly or indirectly offers services for sale on the Medialister Marketplace).

Offers are general or exclusive proposals related to commercial articles, text content preparation, other media publicity services that the Publisher may create through Medialister for Medislister to resell to Brands.

Balance is the aggregate amount of contingent funds (liabilities) as a Publishers and/or returned payments from canceled orders as a Brands.

Payment Services Provider(s) are service providers that provide payment services to Brands and Publishers in connection with Medialister, including for collection of funds from Brands in connection with purchases, remittance and withdrawal of funds to Publishers, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Medialister Balances.

Responsibilities

Medialister's Responsibility Is to You

The quality of Medialister services must comply with the requirements and other standards applicable to such type of services under general market conditions.

Your Responsibility to Medialister

You are legally responsible for all your actions when using Medialister. You must be at least 18 years of age or the age of majority in your jurisdiction (if different from 18 years of age) to use Medialister. You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of its terms and conditions. You will not use the Medialister for any unauthorized or unlawful purpose. You will be responsible for not violating the laws of your jurisdiction, including but not limited to copyright laws.

We reserve the right to determine what conduct may constitute infringement and to take appropriate action as we deem necessary. By accessing and using Medialister, you agree that you will not engage in, attempt to engage in, or encourage any of the following behaviors:

  • Upload, disseminate or transmit files that contain viruses, spyware, adware, corrupted files or data, or any other similar invasive software or programs designed to damage, interrupt, destroy, or limit the functionality or disrupt the operation of this Medialister, any software, hardware, telecommunications, networks, servers or other equipment, or that launches any unauthorized script or other software;

  • Interfere with or circumvent any security feature of this Medialister;

  • Reproduce, transmit, sell, use or exploit this Medialister for any unintended purposes that are not expressly authorized in these Terms;

  • Use this Medialister for fraudulent transactions or for any purpose that violates any applicable federal, state, local, or foreign laws, regulations, ordinances or treaties;

  • Impersonate another person or user, create a false identity, trick, defraud or mislead the Company for any purpose;

  • Copy, reproduce, translate, reverse engineer, modify, disassemble, decompile, reverse assemble, or attempt to discover any software (source code or object code) related to this Medialister, in whole or in part;

  • Modify, impair, disrupt, alter or interfere with the use, features, functions, operation or maintenance of this Medialister;

  • Use any third-party software or other means that intercepts, mines or otherwise collects information from or through this Medialister;

  • Frame or otherwise impose editorial comment, commercial material or any information on this Medialister, or cover, remove, obliterate, obscure or obstruct any notice, banner, advertisement, proprietary notices or labels, or any portion of this Medialister;

  • Remove, obscure, or alter notices of copyright, patent, trademark, or other proprietary rights affixed to this Medialister;

  • Sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of any content appearing in this Medialister;

  • Attempt to use this Medialister on or through any service that is not controlled or authorized by the Company; or

  • Violate these Terms or any federal, state or local, or international law, regulation, ordinance, or treaty.

Contractual Relationship

Agreement with the Brands

We agree with the Brands and sell our services to them. Brands owe a payment to us, not to the Publishers or Third Parties. We act on our behalf and bear all economic risk, which also includes certain financial, legal, and tax obligations associated with the sale of services to the Brands.

Examples of obligations that may fall on us following the agreements between the Brands and us:

  • Delivery of services to the Brands;

  • Provide reports to the Brands;

  • Refunds;

  • Local tax requirements;

  • Compliance with the other agreements and governing law etc.

No Agreement Between the Buyer and Publisher

We do not enter into possession or control of funds owed by other parties at any time. We are a re-seller of services purchased from the Third Party and act only on our behalf and at our own expense. The Brands and the Publishers or Third Parties do not conclude any agreements and have no rights and obligations towards each other.

Fees and Payment

Medialister is open to reviewing listings and selecting Publisher offers, but to book, you must make an advance payment. Medialister charges a 15% service fee to Brands and Publishers for all services on the site.

Medialister also allows you to purchase non-refundable membership subscriptions with different levels of access at prices listed on the site for both Brands and Publishers.

Prices are in US dollars and do not include taxes that may apply in any jurisdiction. If any jurisdiction imposes taxes or other charges on transactions under these Terms, Buyer shall pay such taxes.

The Buyer agrees immediately:

  • Update all information to keep your account and credit card billing current, complete and accurate (for example, changing your billing address or email);

  • Notify Medialister in writing if it becomes aware of a potential breach of security, such as unauthorized disclosure or use of Buyer's username or password, and

  • Satisfy all outstanding payment obligations that Buyer has through using Medialister.

Payment from the Brand

Following the Terms between the Brands and Medialister, the Brands owes payment for services to us. We act on our behalf and at our own expense. We receive payments from the Brands for sales made by us and are not obligated to repay these funds to the Publishers or any other party. We do not collect payments on behalf of the Third Party, except taxes.

Medialister uses a third-party payment processor for all credit card payments made on its Sites and relies on such party to resolve any payment conflicts.

Taxes

Medialister may be required by applicable laws to charge Brands & Publishers with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount Medialister will be required to collect will be in addition to the purchase amount and any other fees payable by the Brands, and any amount Medialister will be required to withhold will be deducted from the Publishers’s revenue, as required by applicable laws.

Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Brands before payment.

Brands are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

Invoices and Receipts

All payments are accompanied by electronic receipts, which you can find in your Transaction History.

We issue invoices for services actually provided in an accounting period on our own behalf to the payer you indicate in your payment profile.

Billing details issued on invoices are reported to local tax authorities, and because of that, it’s not possible to change them once the service has been made. Please make sure you’ve added your details correctly before you pay for your booking. 

You agree to receive invoices and/or payment receipts from Medialister electronically in the form of PDF documents, via email or through the Site. This invoice is sent without signature and stamp under the Tax Code.

Payment to the Publisher or Third Party

Following the Terms between Medialister and the Publishers, we owe payment for the right to place a commercial article. We make payment to the Publisher on our own behalf and at own expense. We do not handle funds that are beneficially owned by the Third Party.

Payout Methods

Additional fees may apply based on your location and currency.

Local Bank Transfer (LBT) — US$20 per transfer*. For more information, see Pricing and Fees. Available worldwide.

Direct Deposit (ACH) — US$1 per transfer*. For more information, see Pricing and Fees. Available only in the US.

Invoices and Receipts

Publishers or Third Parties have agreed to receive payouts for services based on independently issued invoices, which are issued automatically by the recipient of services following business practices and the terms of the public offer, delivered electronically and stored in the Publisher's account on Medialister; and the Publisher accepts this for declaration purposes. The invoice is issued electronically and is valid without the signature.

Billing details issued on self-billing invoices are reported to local tax authorities, and because of that, it’s not possible to change them once the service has been made. Please make sure you’ve added your details correctly before you withdraw funds.

No Payments Between the Brands and Publishers or Third Party

There are no payments between the Brands and Publishers and subsequently, we do not manage the payments between those two parties.

AI Feature Terms of Service

By accessing any artificial intelligence (AI) features made available through Medialister, you agree to the following AI Feature Terms of Service (AI TOS), in addition to the applicable Terms of Service and Privacy Notice agreed to when creating an account on any of Medialister's Sites.

You acknowledge and agree that this feature makes use of third-party software, including variations of open-source software. Your usage is governed by the OpenAI Terms of Service. Medialister, Inc. and its subsidiaries (“Medialister”) provide no representation or warranty concerning the services, the availability of the services, the right or permission to use the prompt terms or output generated by these third-party tools, nor offer any indemnification against any intellectual property rights claims arising from usage. Medialister may restrict or terminate access to this feature or any account, at any time, for any reason. Medialister may institute rate limiting or usage restrictions in the future.

Intellectual Property Rights

Our Intellectual Property Rights

Medialister and its related and affiliated companies are the sole and exclusive owners of all rights, titles, and interests, including without limitation, copyright, patent, trademark, and other intellectual property rights, in this Site, including without limitation, all programs, tools, source codes, object codes, HTML, content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions and other materials, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, passwords, concepts, technology, architecture, logic, structure, sequence, organization, themes, symbols, methods of operation, and other materials, all of which are protected by US and international copyright laws, and may not be reproduced, modified, distributed, transmitted, displayed, performed, rented, altered, stored for subsequent use, republished or used in any manner without our prior written consent. Any use of the materials appearing in this Site not expressly authorized by these Terms is a violation of copyright, trademark, and other applicable laws, and may result in criminal prosecution or civil penalties. Except for the limited right to access and use this Site, we do not grant or transfer to you any other rights of any kind, or any other attributes appearing in, originating from, or associated with this Site. No ownership rights of any kind, including any patent, trademark, copyright, or other intellectual property rights, are assigned or transferred to you, by accessing or using this Site. You agree not to copy, redistribute, publish, or otherwise exploit material from this Site, except as expressly permitted herein, without our prior written permission.

Subscription License

Brands and Publishers can choose to subscribe to a Pro license on the Medialister Marketplace at the advertised price plus applicable taxes, which are non-refundable. Medialister hereby grants each subscriber in countries where access is available a limited, non-exclusive, non-transferable, revocable license to use the Medialister Marketplace following any instructions provided by Medialister and following all applicable laws. If the license is terminated by Medialister due to a violation by the user or the subscription license expires due to non-renewal, the subscriber will have no further rights to access the Pro. However, the subscriber remains obligated to pay Medialister all amounts due for the remainder of the subscription term, as well as any pending or due service fees and taxes, and any fees due for Medialister Marketplace services and transactions, as applicable.

Trademarks and Сopyrights

Medialister does not claim ownership of the content Brands may post or publish. However, Brands grant Medialister a non-exclusive, non-transferable, sub-licensable, royalty-free, global and otherwise unlimited license to copy, modify, adapt, transmit, display, perform, distribute, create derivative works from and otherwise use such content, in whole or in part. These rights terminate when you delete your content.

Claims of Copyright Infringement

Medialister will investigate notices of copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) ("DMCA"). DMCA provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your work has been copied or posted without your authorization and is available on this Site, in a way that constitutes copyright infringement, you may provide notice of your claim to our designated agent listed below. 

For your notice to be effective, it must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • A description of the work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on this Site;

  • Information reasonably sufficient to permit us to contact you, including your address, telephone number, and, if available, an e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and  

  • A statement by you, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notice of any claimed copyright infringement must be submitted to the following designated agent for this Site:

Medialister, Inc.

Attn: Legal Department

3602, 1007 N Orange St. 4th Floor , Wilmington, DE, New Castle, US, 19801

Telephone: 786.605.0579

Email: legal@medialister.com

Confidentiality

Publishers or Third Parties should recognize that there might be a need for Brands to disclose certain confidential information to be used by Publishers to deliver the ordered work and to protect such confidential information from unauthorized use and disclosure. Therefore, Publishers agree to treat any information received from Brands as highly sensitive, top secret, and classified material. Without derogating from the generality of the above, Publishers specifically agree to 

  • Maintain all such information in strict confidence; 

  • Not disclose the information to any third parties; 

  • Not use the information for any purpose except for delivering the ordered work; 

  • Not to copy or reproduce any of the information without the Brand’s permission.

Governing Law and Jurisdiction

This Terms of Use Agreement and all aspects of this Site shall be governed by, enforced, and construed under the internal laws of the United States and the State of Delaware, which govern contracts entered into and to be fully performed in Delaware, without regard to any principles referring to the laws of another state or jurisdiction. 

You agree not to commence or prosecute any action in connection therewith other than in the appropriate federal or state court located in Wilmington, Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens for, venue and jurisdiction in the state and federal courts located in Wilmington, Delaware.

Laws of Other Jurisdictions

We make no representation that Medialister is or will be appropriate or available in any locations outside the United States. Medialister is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirements within such jurisdiction or country. Anyone who accesses or uses Medialister from outside the United States does so at own risk and is legally responsible for complying with any applicable federal, state, local, or international laws, regulations, ordinances, or treaties.

Indemnification

You shall indemnify Medialister against any and all liability, claims, losses, damages, costs and expenses (including reasonable attorney fees) that Medialister incurs or suffers as a result of any breach by you of these Terms or any third party claim arising as a result of any content.

Warranty Disclaimer

Limitation of Liability

Limitations Period for Making Claims

Regardless of any statute or law to the contrary, you agree that you will not initiate any legal action against any of the Medialister Parties arising out of or related in any way to your access or use of this Site, these Terms, the Privacy Policy, or any related matter, more than one year after such cause of action accrues that is the basis of your legal action.

Notices

Medialister may give general notices to parties by posting on its Sites, or by electronic mail to the email address provided by Brands and Publishers to Medialister. It is the party’s responsibility to ensure that their email address and any other contact information provided to Medialister are updated, current, and correct. It is the responsibility of Brands and Publishers to also check these Terms to see if there has been a modification. All notices to Medialister shall be sent via nationally recognized overnight courier or certified mail, return receipt requested, to Medialister, Inc., 3602, 1007 N Orange St. 4th Floor , Wilmington, DE, New Castle, US, 19801 Attn: Legal Department Notices.

Electronic Acceptance Effective

These Terms set out the legally binding terms for use of Medialister. Brands and Publishers indicate acceptance of the Terms and all of the terms and conditions contained or referenced in these Terms by creating an account and accessing Medialister Marketplace, and also when executing an Order Form. Please print and save a copy of these Terms for record-keeping purposes and be mindful that these Terms may be updated by Medialister at any time.

Miscellaneous

The Terms constitute the entire terms of service and understanding between the parties regarding the subject matter contained herein and supersedes all previous and contemporaneous terms of service, agreements, proposals and communications in all forms of media (including all instructions, advertisements, messages and policies), written and oral, between any party and Medialister regarding the subject matter contained herein. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of the Terms. No waiver by either party of a breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of the Terms is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Terms, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to the Terms and has like economic effect. Medialister shall have no liability under the Terms by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, computer virus, pandemic, epidemic, Acts of God, war, governmental action, or any other cause that is beyond its reasonable control. The parties are independent contractors and nothing in the Terms shall be construed to create, evidence, or imply any agency, employment, business relationship, or joint venture between the parties. Any Brands or Publishers is not an employee of Medialister. Neither Medialister, Brands, or Publishers shall have any right, power, or authority to create any obligation or responsibility on behalf of the other party. The Terms are not intended to benefit, nor shall it be deemed to give rise to any rights in, any third party. Brands and Publushers may not assign or transfer the Terms, or sublicense, assign or delegate any right or duty under the Terms without Medialister prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect. Medialister and its subsequent assignees may assign the Terms, in whole or in part, or any of its rights or delegate any of its duties, under the Terms to any party. Any rights not expressly granted in the Terms are reserved by Medialister, and all implied licenses are disclaimed. Headings used in the Terms are for reference purposes only and in no way affect the Terms. The term “including” is a term of enlargement meaning “including without limitation,” and does not denote exclusivity. Medialister may change the Terms and/or the Privacy Policy at any time upon notice published on its Site(s). Any use by a Brands, Publishers, their affiliates, agents, representatives, employees, or any person or entity acting on their behalf, of Medialister Marketplace after such notice shall be deemed to be continued acceptance by them of the Terms and Privacy Policy, including any amendments and modifications thereto. All information or material in connection with Medialister Marketplace must be submitted in the form requested by Medialister. Medialister reserves the right to discontinue offerings, and/or modify Medialister Marketplace at any time. Except as otherwise specified by Medialister, parties agree that they will direct all communications relating to Medialister Marketplace or their participation therein directly to Medialister and not to any other entity. The organization, specifications, structure or appearance of any Medialister property or any page where a party’s information (including listings and casting calls) may be displayed may be redesigned or modified at any time.