Terms & Conditions

These Terms & Conditions govern your use of the BerryGood Media website at berrygoodmedia.org (the “website”), which is operated by Berry Good Media LLC, a Delaware limited liability company (“Berry Good Media,” “we,” or “us”). By using the website, you agree to these terms. If you do not agree, please do not use the website.

Other services we link to, such as our advertiser and affiliate platform, may have their own terms. You can reach us at [email protected] with any questions about these terms.

The website is intended for businesses and the people who act on their behalf. It is not directed to children under 13, and Berry Good Media does not knowingly collect personal information from children under 13. If you believe a child under 13 has given us personal information, please contact us so we can delete it.

We do not promise that the website’s content is suitable for every visitor or location. You are responsible for complying with the laws that apply to you.

Our Privacy Policy explains how we collect, use, and disclose personal information through the website, including additional notices for residents of certain regions.

You agree to use the website only for lawful purposes and in accordance with these terms. You agree not to:

• Use the website for any unlawful, fraudulent, or deceptive purpose, including submitting false or misleading information through our forms
• Send spam, unsolicited advertising, or abusive messages through our forms or to our team
• Impersonate any person or misrepresent your affiliation with any person or business
• Harass, threaten, or intimidate our team or anyone else, or use information from the website to do so
• Harvest email addresses or other personal information from the website to send unsolicited communications
• Introduce viruses, malware, spyware, or other harmful code
• Attempt to gain unauthorized access to our servers, systems, or non-public areas of the website, or circumvent, disable, or interfere with its security features, including our bot protection
• Interfere with or disrupt the website or the networks connected to it, including by placing an unreasonable load on them
• Use bots, scrapers, or other automated tools to submit forms, bypass our bot protection, or access the website in a way that places an unreasonable load on it
• Decompile or reverse engineer software that runs on our servers, except where applicable law permits it
• Remove or alter copyright, trademark, or other proprietary notices
• Use our name, logo, or content in a way that falsely suggests you are affiliated with or endorsed by Berry Good Media

These restrictions do not limit ordinary search engine indexing, assistive technologies, or other activity that applicable law permits. Nothing in these terms limits your right to make truthful statements about Berry Good Media, including honest reviews or criticism.

Except for the third-party materials described below, the content of the website, including its text, design, graphics, and the Berry Good Media name and logo, is owned by or licensed to Berry Good Media and is protected by intellectual property laws.

The website also includes third-party materials, such as open-source software provided under its own license terms, licensed fonts and images, and the names, logos, and trademarks of other companies, including advertising platforms and partner apps. These materials belong to their respective owners, and their license terms or applicable law govern your use of them.

You may view the website and print or save pages for your own reference. Except as these terms or applicable law (such as fair use) allow, you may not copy, reproduce, republish, distribute, sell, or create derivative works from our content without our prior written permission.

If you believe content on the website infringes your intellectual property rights, please contact us at [email protected] with the details so we can review it.

• Provide accurate and complete information when you contact us or submit an inquiry
• Have the authority to submit information on behalf of any business you represent
• Use the website lawfully and in accordance with these terms

We may decline to act on inquiries that contain inaccurate, incomplete, or abusive information.

You keep ownership of the information and content you send us through our forms or by email (your “submissions”). Submissions are sent privately to our team, and we do not publish them on the website.

You grant Berry Good Media a non-exclusive, royalty-free license to use, copy, and store your submissions only as needed to respond to your inquiry, provide the services you request, evaluate any feedback or suggestions you give us, and comply with legal obligations. We may share submissions with our service providers for these purposes, as described in our Privacy Policy.

When you send us a submission, you confirm that:

• You have the right to share it with us, including any information it contains about other people
• It is accurate and not misleading
• It does not infringe anyone’s intellectual property, privacy, or publicity rights
• It is not spam, unsolicited advertising, or otherwise unlawful

Personal information in your submissions is handled as described in our Privacy Policy.

The website links to third-party websites and services, including advertising platforms and partner apps, and to our advertiser and affiliate platform, which may have its own terms. We do not control third-party websites and are not responsible for their content, policies, or practices. Your use of them is at your own risk and subject to their terms.

To protect the website and its users, we may:

• Take steps to detect and prevent violations of these terms and security threats
• Block, limit, or filter traffic or submissions that we reasonably believe violate these terms or threaten the website’s security or performance
• Report unlawful activity to the appropriate authorities and take other legal action where appropriate

We may suspend or restrict your access to the website at any time, including if we reasonably believe you have violated these terms.

You may stop using the website at any time.

These terms and your use of the website are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Users' access may also be subject to applicable local, state, national, and international laws and regulations.

Users must first attempt formal dispute resolution by contacting Berry Good Media directly.

Mediation: If the dispute remains unresolved, it will proceed to a 30-day mediation period requiring at least 10 hours of commitment from each party under United States Arbitration & Mediation procedures. Costs are split equally between parties.

Arbitration: If mediation fails, the dispute will proceed to binding arbitration in the governing law jurisdiction. The company may bring proceedings in courts where either the user or company resides.

The website and services are provided on an "as-is," "where is," and "as available" basis, including faults and defects without warranty of any kind. Berry Good Media expressly disclaims all warranties including merchantability, fitness for a particular purpose, title, and non-infringement.

The company provides no warranty regarding website operation, availability, information accuracy, uninterrupted or bug-free service, information reliability or currency, or freedom from viruses, malware, trojans, or harmful code.

Some jurisdictions prohibit certain warranty exclusions. These exclusions apply to the maximum extent permitted under applicable law.

To the extent permitted by law, you agree to indemnify and hold Berry Good Media harmless from claims brought by third parties, and the resulting losses and damages, to the extent they arise from:

• Your violation of these terms
• Your violation of any law or of a third party’s rights, including intellectual property rights, in connection with your use of the website
• Information you submitted that you did not have the right to submit

We will make reasonable efforts to notify you of any claim covered by this section. We may choose to handle the defense of such a claim, and you agree to cooperate reasonably with that defense.

Notices to Berry Good Media should be sent to [email protected]. Legal notices may also be mailed to Berry Good Media LLC, 8 The Green, STE B, Dover, DE 19901, United States. We may send notices to you at the email address you provided to us.

You agree that electronic communications, emails, forms, signatures, and records satisfy any legal requirement that a communication be in writing, to the extent permitted by law. Electronic means are considered equivalent to their physical counterparts, and you waive any rights requiring original signatures or physical records to the extent permitted by law.

If you are a California resident with an unresolved complaint, you may contact the Division of Consumer Services of the California Department of Consumer Affairs:

Mail: 1625 North Market Blvd, Suite N 112, Sacramento, California 95834

Phone: (800) 952-5210 or (916) 445-1254

These terms, together with our Privacy Policy, are the entire agreement between you and Berry Good Media regarding your use of the website. Any separate written agreement between you and Berry Good Media for advertising or other services governs those services. Failure to enforce any provision does not waive our right to enforce it later.

These terms apply to the maximum extent permitted by applicable law. Berry Good Media may assign its rights and obligations under these terms. We are not liable for losses arising from events beyond our reasonable control.

If any provision is found to be unlawful or unenforceable, that provision is severable and does not affect the remaining terms. These terms do not create any partnership, employment, or agency relationship between you and Berry Good Media.

In the event of any dispute regarding interpretation, the English language text shall prevail over any translations.