Last updated: July 17, 2026
These Website Terms of Use and Standard Service Terms (the "Terms") are entered into between you and Paul Griffith Productions LLC, doing business as Griffith Media ("Griffith Media," "we," "us," or "our"), located at 1002 N Central Expressway, Suite 269, Richardson, Texas 75080.
These Terms govern:
- Your access to and use of https://www.griffith.media and any other website, landing page, form, portal, or digital property that links to these Terms (collectively, the "Site"); and
- To the extent incorporated into or accepted in connection with an engagement, the standard terms under which Griffith Media provides video production, photography, podcast production, creative, branding, graphic design, website development, digital marketing, social media, email and text-message marketing, print, signage, apparel, consulting, and related services (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION OBLIGATIONS, A TEXAS FORUM-SELECTION CLAUSE, AND A JURY-TRIAL WAIVER.
By accessing or using the Site, submitting a form, electronically accepting a proposal or order, signing a document that incorporates these Terms, paying an invoice that incorporates these Terms, or otherwise accepting Services with notice of these Terms, you agree to be bound by them. If you act for a company or other organization, you represent that you have authority to bind that organization, and "you" and "Client" refer to that organization.
If you do not agree to these Terms, do not use the Site or accept Services subject to them.
1. Contract Structure and Order of Precedence
1.1 Site terms and service terms
Sections that concern the Site apply to every Site user. Provisions concerning Services apply only when these Terms are incorporated into, linked from, attached to, or otherwise accepted as part of a proposal, statement of work, estimate, order form, production agreement, retainer, invoice, email confirmation, or other written service authorization (each, a "Service Order"), or when applicable law otherwise recognizes the parties' acceptance of these Terms.
Submitting an inquiry or attending an introductory call does not, by itself, obligate either party to purchase or provide Services.
1.2 Separate agreements
A signed master services agreement, production agreement, data processing addendum, release, or other written agreement may supplement or replace portions of these Terms. In the event of a conflict, the following order controls unless the document expressly states otherwise:
- A mutually signed master services agreement or other agreement that expressly overrides these Terms;
- The applicable Service Order;
- These Terms; and
- Statements on the Site, in marketing materials, or in informal communications.
A purchase order or vendor-portal term issued by Client is for administrative convenience only and does not modify the parties' agreement unless Griffith Media expressly agrees to the modification in a writing signed by an authorized representative.
1.3 Definitions
- "Client Materials" means content, data, accounts, credentials, products, property, trademarks, names, likenesses, music, footage, photographs, scripts, copy, claims, instructions, files, and other materials supplied, selected, approved, or made available by or for Client.
- "Deliverables" means the specific work product identified for delivery in a Service Order.
- "Final Deliverables" means the final, approved versions of Deliverables identified in a Service Order, excluding drafts, concepts, raw materials, source files, working files, Retained Materials, and Third-Party Materials unless the Service Order expressly includes them.
- "Retained Materials" means Griffith Media's pre-existing or generally applicable tools, templates, methods, processes, code, libraries, workflows, know-how, design systems, production techniques, prompts, presets, project structures, and other materials not created exclusively for Client.
- "Third-Party Materials" means stock assets, fonts, music, software, plugins, open-source code, platform features, models, media, data, or other materials owned or controlled by a third party.
2. Eligibility, Authority, and Business Use
The Site and Services are intended primarily for adults acting in a business or professional capacity. You must be at least 18 years old and legally capable of entering into a binding agreement to use inquiry, scheduling, purchasing, or account features.
When you act for an entity, you represent and warrant that:
- The entity is validly organized and authorized to do business where required;
- You have authority to bind it;
- Information you provide about the entity is accurate; and
- Your acceptance of these Terms does not violate another agreement.
The Services are not offered as consumer legal, medical, investment, financial, or tax advice.
3. Electronic Communications, Signatures, and Records
You consent to transact electronically with Griffith Media. Electronic signatures, click-through acceptances, email approvals, portal approvals, and other electronic records may have the same legal effect as paper signatures and records to the extent permitted by law.
You agree that we may provide proposals, Service Orders, invoices, notices, approvals, and other records electronically. You are responsible for maintaining a current email address and for retaining copies of records relevant to your engagement.
An approval or instruction sent from the email address, account, or telephone number of Client's designated representative may be relied upon by Griffith Media as authorized unless Griffith Media has received written notice that the representative's authority has changed.
4. Limited License to Use the Site
Subject to these Terms, Griffith Media grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site for your personal use or internal evaluation of our Services.
No other right or license is granted. All rights not expressly granted are reserved.
5. Site and Brand Intellectual Property
The Site and its content, features, and functionality—including text, graphics, photographs, video, audio, designs, layouts, code, logos, trade dress, service names, and compilations—are owned by Griffith Media or its licensors and protected by copyright, trademark, trade-secret, and other laws.
Griffith Media, associated logos, and related names and marks are trademarks or service marks of Griffith Media or its affiliates. Client names, marks, and work shown in our portfolio belong to their respective owners and are displayed under license or permission. Their appearance does not imply sponsorship or endorsement beyond the underlying engagement.
You may not copy, reproduce, distribute, modify, publicly display, publicly perform, transmit, publish, create derivative works from, sell, license, or commercially exploit Site content without prior written permission from the applicable rights owner.
6. Prohibited Site Conduct
You may not use the Site to:
- Violate any applicable law, regulation, order, contract, or third-party right;
- Submit false, misleading, fraudulent, defamatory, obscene, threatening, discriminatory, or unlawful material;
- Impersonate another person or misrepresent your identity, authority, affiliation, or intentions;
- Attempt to gain unauthorized access to the Site, accounts, servers, networks, data, or systems;
- Probe, scan, or test vulnerabilities or bypass authentication, rate limits, robots instructions, or security measures;
- Introduce malware, malicious code, corrupted files, or harmful technology;
- Interfere with the Site's operation or impose an unreasonable load on infrastructure;
- Use bots, scripts, spiders, scrapers, automated form submitters, or similar tools except for ordinary indexing by public search engines in accordance with our instructions;
- Harvest contact information or personal information;
- Frame, mirror, republish, or embed the Site or its content without permission;
- Reverse engineer, decompile, disassemble, or attempt to derive source code except where such restriction is prohibited by law;
- Use Site content, portfolio work, or data to train, fine-tune, benchmark, ground, or improve an artificial-intelligence or machine-learning model without our prior written consent; or
- Assist another person in doing any of the foregoing.
We may block, restrict, suspend, or terminate access and may cooperate with lawful investigations.
7. Links, Embeds, and Third-Party Content
The Site may contain links to or embeds from third-party websites, social networks, media players, maps, scheduling tools, payment providers, or other services. Third-party services are governed by their own terms and privacy practices.
We do not control and are not responsible for third-party content, availability, security, accuracy, or practices. A link or embed does not necessarily constitute endorsement.
8. Inquiries, Unsolicited Submissions, and Feedback
8.1 No engagement through inquiry alone
A contact form, call, meeting, message, request for quote, preliminary estimate, or proposal discussion does not create a client relationship, reserve dates, require confidentiality, or obligate either party unless a written agreement says otherwise.
Do not submit trade secrets, highly sensitive personal information, regulated data, or confidential information through a general Site form. We may treat genuine business inquiries discreetly as a professional practice, but no contractual duty of confidentiality arises from an unsolicited submission alone.
8.2 Submission license
You grant Griffith Media a non-exclusive, worldwide, royalty-free license to receive, store, copy, review, and use materials you submit through the Site as reasonably necessary to respond to you, evaluate a potential engagement, operate the Site, protect our rights, and comply with law.
8.3 Feedback
If you voluntarily provide suggestions, ideas, comments, or feedback about the Site or Services, you grant Griffith Media a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use and commercialize that feedback without restriction, attribution, or compensation. This clause does not apply to Client's confidential project materials governed by a written agreement.
9. Quotes, Proposals, and Reservation of Dates
Unless a proposal or quote states otherwise:
- A quote or estimate is based on the information then available and may change if scope, assumptions, timing, locations, quantities, specifications, or third-party costs change;
- A proposal expires 30 days after issuance;
- Pricing shown on the Site or discussed informally is nonbinding;
- Dates, personnel, studios, locations, equipment, and production resources are not reserved until Griffith Media receives an accepted Service Order and any required deposit or reservation payment; and
- Griffith Media may withdraw a proposal before acceptance.
Errors in a quote, proposal, or invoice may be corrected. If a material correction is made after acceptance, Client may reject the correction before affected work begins, in which case Client will pay for authorized work already performed and noncancelable commitments already incurred.
10. Scope, Changes, and Performance of Services
10.1 Scope
Griffith Media will provide the Services and Deliverables described in the applicable Service Order. Items not expressly included are outside scope.
10.2 Assumptions and dependencies
Pricing and schedules may depend on assumptions stated in a Service Order or reasonably apparent from the project, including timely approvals, access, content, credentials, personnel, locations, equipment, quantities, and third-party cooperation. If an assumption proves inaccurate, the parties will address the resulting change in scope, fees, or schedule.
10.3 Change requests
A request that changes scope, specifications, approved creative direction, quantities, locations, production days, formats, integrations, platforms, audiences, deliverable versions, timeline, or dependencies may require a written change order and additional fees.
Griffith Media is not required to perform changed or additional work until the parties approve the change in writing. Email or project-management approval by Client's designated representative is sufficient unless the Service Order requires a signature.
10.4 Subcontractors and personnel
Griffith Media may use employees, independent contractors, freelancers, studios, production partners, fulfillment vendors, and other subcontractors to perform Services. Griffith Media remains responsible for managing the Services it has agreed to provide, subject to the limitations in these Terms and the Service Order.
10.5 Creative and professional judgment
Client retains final business approval, but authorizes Griffith Media to exercise reasonable creative, technical, editorial, production, and professional judgment. Differences in subjective taste are not defects where the work materially conforms to the approved scope and direction.
10.6 No exclusivity
Unless a Service Order expressly states otherwise, neither party is exclusive. Griffith Media may provide services to other clients, including clients in similar industries, provided it does not misuse Client's Confidential Information.
11. Client Representative, Cooperation, and Approvals
Client will designate a representative authorized to provide information, make decisions, approve work, and receive notices. Griffith Media may rely on that person's instructions and approvals.
Client will:
- Provide accurate, complete, and timely information, content, specifications, credentials, access, feedback, and decisions;
- Coordinate Client personnel, talent, vendors, locations, products, inventory, and internal approvals;
- Review work carefully and provide clear, consolidated feedback;
- Obtain legal, compliance, brand, product, and executive approvals required on Client's side;
- Maintain backups of Client Materials and account data;
- Use reasonable security practices, including strong passwords and multifactor authentication where available; and
- Notify Griffith Media promptly of changed requirements, security incidents, account restrictions, threatened claims, or legal concerns relevant to the Services.
Griffith Media is not responsible for delay, rework, increased cost, or reduced performance caused by Client's failure to meet a dependency. Schedules will be equitably extended, and Griffith Media may invoice for resulting standby time, remobilization, rush work, or additional work.
If Client is unresponsive for 15 consecutive business days, Griffith Media may pause the project, reassign resources, revise the schedule, invoice work completed, and require a restart fee. If Client remains unresponsive for 45 consecutive days, Griffith Media may treat the engagement as terminated by Client, subject to Section 29.
12. Client Materials, Rights, and Legal Compliance
Client retains ownership of Client Materials. Client grants Griffith Media and its subcontractors a worldwide, non-exclusive, royalty-free license during the engagement to host, reproduce, modify, adapt, transmit, display, perform, distribute, and otherwise use Client Materials as reasonably necessary to provide, test, promote if authorized, and support the Services.
Client represents, warrants, and covenants that:
- Client has all rights, licenses, permissions, notices, consents, releases, and legal bases needed for the Client Materials, instructions, audiences, and requested uses;
- The Client Materials and requested uses do not infringe or misappropriate copyright, trademark, patent, trade secret, publicity, privacy, contractual, or other rights;
- Client has obtained required talent, appearance, property, location, music, union, guild, minor, parent or guardian, employee, customer, testimonial, influencer, and endorsement permissions;
- Claims about Client, its products, services, prices, performance, competitors, certifications, health or safety effects, environmental benefits, financial outcomes, or other matters are truthful, nonmisleading, and adequately substantiated;
- Client's promotions, sweepstakes, contests, offers, pricing, disclosures, and campaign instructions comply with applicable law and platform rules;
- Any personal information, lead list, customer file, audience, tracking instruction, or account access provided to Griffith Media was collected and may be used and disclosed as instructed in compliance with applicable privacy, marketing, communications, employment, and sector-specific law;
- Client will not instruct Griffith Media to create, publish, send, or distribute unlawful, deceptive, discriminatory, infringing, defamatory, harmful, or unsafe content; and
- Client's instructions and intended uses comply with applicable export-control, economic-sanctions, anti-boycott, anti-bribery, and anti-corruption laws.
Griffith Media may reject, remove, pause, or require modification of material or instructions that it reasonably believes create legal, ethical, safety, reputational, platform, or security risk. Griffith Media is not Client's legal counsel and has no duty to independently verify Client's rights, claims, disclosures, lists, consents, or regulatory obligations unless the Service Order expressly includes a defined compliance review.
13. Marketing, Advertising, Social Media, and Platform Services
This Section applies to search, display, social, content, campaign, media-buying, optimization, lead-generation, analytics, and account-management Services.
13.1 No guaranteed results
Advertising, audience, search, social, and conversion performance depends on many factors outside Griffith Media's control, including Client's offer, price, reputation, sales process, landing pages, competition, market conditions, platform algorithms, auction dynamics, tracking restrictions, budgets, seasonality, and account history. Griffith Media does not guarantee impressions, ranking, reach, leads, conversion rates, revenue, return on ad spend, profitability, follower growth, or any other result unless a Service Order contains an express written guarantee.
Forecasts, projections, benchmarks, and recommendations are estimates, not promises.
13.2 Platform accounts and rules
Client authorizes Griffith Media to access and act within Client's advertising, analytics, social, content, website, domain, messaging, and related accounts as needed for the Services. Client remains responsible for account ownership, billing, identity verification, platform agreements, and lawful use.
Platforms may reject content, restrict targeting, change features or algorithms, suspend accounts, withhold data, or discontinue services. Griffith Media is not responsible for a platform's decision, outage, policy, pricing, data limitation, or account action, but will provide reasonable assistance within the agreed scope.
Where Griffith Media creates an account specifically for Client, the account will be transferred or made accessible to Client after payment in full if the platform permits. Some tools, subaccounts, templates, licenses, or agency-level resources may be technically nontransferable and remain subject to the relevant Service Order and platform rules.
13.3 Media spend and third-party fees
Media spend, platform charges, software subscriptions, influencers, list rentals, stock assets, licensing, and other third-party costs are separate from Griffith Media's fees unless expressly included. Client authorizes charges and budget adjustments approved in the Service Order or in writing.
Griffith Media may require Client to pay platforms directly or pre-fund media spend. Griffith Media is not required to advance third-party costs. Platform credits, rebates, or refunds will be handled as stated in the Service Order or, if not stated, passed through to Client to the extent actually received and attributable to Client after offsetting related amounts due.
13.4 Client approvals
Client is responsible for final approval of campaign claims, creative, targeting parameters, audience use, disclosures, landing pages, offers, and budgets. Client's publication, use, or written approval constitutes approval of the material as supplied.
13.5 Organic and paid account security
Client will limit account access to authorized users and promptly revoke access for departed personnel. Griffith Media is not liable for unauthorized activity caused by compromised Client credentials, Client personnel, prior vendors, or failure to use available security controls.
14. Email and Text-Message Marketing Services for Clients
When Griffith Media assists Client with email, telephone, or text-message campaigns, Client is the sender, caller, seller, or initiating party to the extent assigned by applicable law, unless a written agreement expressly states otherwise.
Client represents, warrants, and covenants that:
- Each recipient may lawfully receive the applicable communication;
- Client obtained and documented all consent required for automated, prerecorded, artificial-voice, marketing, promotional, or recurring communications;
- Consent language accurately identified the relevant sender or sellers and was not obtained through deception or unlawful conditioning;
- Lists were not unlawfully purchased, scraped, harvested, appended, or shared;
- Client will provide accurate sender identification, required disclosures, a valid physical postal address where required, and a functioning opt-out method;
- Suppression, do-not-call, unsubscribe, revocation, quiet-hour, frequency, and channel-specific requirements will be honored;
- Client will promptly provide opt-out, reassigned-number, complaint, and consent updates to Griffith Media; and
- Campaign content and practices comply with the Telephone Consumer Protection Act, CAN-SPAM Act, state telemarketing and privacy laws, carrier requirements, CTIA guidance, industry rules, and platform policies, as applicable.
Griffith Media may rely on Client's consent records and instructions but may require proof, refuse a list or campaign, impose safeguards, or pause messaging. Griffith Media does not provide a legal opinion that a list, consent flow, campaign, or message is compliant.
Unless expressly agreed otherwise, Client is responsible for maintaining the system of record for consent, revocation, and suppression evidence, including the form language presented, date, time, source, telephone number or email address, and related audit data.
Client will not direct Griffith Media to send messages concerning unlawful products or services, emergency services, sensitive medical conditions, credit eligibility, or other high-risk or specially regulated subject matter without prior written approval and an appropriate compliance plan.
15. Website, Landing Page, Hosting, and Software Services
This Section applies to websites, landing pages, forms, automations, integrations, custom code, and related digital work.
15.1 Domains, hosting, and accounts
Client is responsible for acquiring, maintaining, and renewing its domain names, DNS services, hosting plans, email systems, application accounts, certificates, licenses, and other third-party services unless the Service Order assigns that responsibility to Griffith Media.
Client should own and control mission-critical accounts whenever practicable. Failure to renew a domain, license, or service may cause interruption or data loss. Griffith Media is not responsible for lapse caused by Client or a third party.
15.2 Third-party and open-source components
Digital Deliverables may include Third-Party Materials subject to separate terms, open-source licenses, usage limits, attribution duties, subscription fees, or transfer restrictions. Those terms control the applicable component. Client is responsible for ongoing license and subscription fees after launch unless the Service Order states otherwise.
Griffith Media may use Retained Materials across projects. Client receives only the rights described in Section 22.
15.3 Compatibility and testing
Unless the Service Order specifies a test matrix, Griffith Media will use commercially reasonable efforts to support current generally available versions of major desktop and mobile browsers at the time of launch. Griffith Media does not warrant identical rendering across every browser, device, screen, operating system, extension, assistive technology, or future software version.
15.4 Content, privacy, accessibility, and legal requirements
Client is responsible for the legal and factual sufficiency of its website content, offers, claims, sector-specific disclosures, terms, privacy notices, cookie choices, accessibility requirements, and data practices. Griffith Media may provide implementation support, but does not provide legal advice or certify compliance unless a Service Order expressly defines a compliance deliverable.
An accessibility review, conformance audit, remediation program, privacy impact assessment, penetration test, or legal review is outside scope unless expressly included. No website can be guaranteed to satisfy every interpretation of accessibility, privacy, or security law in all jurisdictions.
15.5 Tracking technology and forms
Client authorizes Griffith Media to deploy analytics, pixels, tags, forms, cookies, and integrations identified in the Service Order. Client is responsible for deciding whether and where consent, opt-out mechanisms, notices, contracts, or assessments are required for Client's own site and audiences. Griffith Media may require Client to implement or approve a consent-management configuration before nonessential tracking is activated.
Client will not instruct Griffith Media to transmit passwords, payment-card data, health information, government identifiers, or other sensitive information through analytics, advertising pixels, URL parameters, or tools not designed for such data.
15.6 Launch, maintenance, and security
Unless ongoing maintenance is included:
- The project is considered launched when it is made publicly available or delivered for Client deployment;
- Client is responsible after launch for updates, backups, monitoring, content changes, credential management, renewals, vulnerability remediation, and compatibility with later third-party changes; and
- Work requested after acceptance or the applicable warranty period is billable.
No internet-connected system is completely secure or uninterrupted. Griffith Media does not warrant that a website, integration, automation, or hosting service will be immune from attack, error, incompatibility, downtime, or data loss.
15.7 Client or third-party modifications
Griffith Media is not responsible for defects, security issues, or performance problems caused by modifications made by Client or another provider, unsupported plugins, unapproved code, changed credentials, third-party updates, or use outside the documented configuration.
16. Video, Photography, Audio, Podcast, and Production Services
16.1 Production planning and creative execution
Schedules, shot lists, scripts, storyboards, casting, crew, equipment, locations, formats, and post-production specifications are governed by the Service Order. Unless expressly guaranteed, creative references are directional and do not require exact duplication of another work, location, weather condition, performance, or visual result.
16.2 Participants, releases, locations, and rights
The Service Order should identify who is responsible for talent, participant, minor, location, music, property, union, guild, permit, and other releases or permissions. If it does not, Client is responsible for obtaining permissions associated with people, property, content, products, and locations supplied or controlled by Client, and Griffith Media is responsible for permissions for materials independently selected and licensed by Griffith Media.
Client will notify Griffith Media before production if a participant is a minor, if filming may capture confidential or regulated information, or if a location imposes special safety, privacy, labor, or access requirements.
16.3 Safety and site conditions
Client will provide a reasonably safe and accessible environment for Griffith Media personnel and equipment at Client-controlled locations. Griffith Media may stop, delay, or modify work if it reasonably believes conditions are unsafe, unlawful, destructive, abusive, or likely to damage equipment or harm a person. Resulting delay or cost attributable to Client or its site is billable.
16.4 Live events and unrepeatable moments
Client acknowledges that live events and documentary-style productions involve events outside Griffith Media's control. Griffith Media does not guarantee capture of every person, statement, angle, occurrence, or moment. Client should identify critical moments and access requirements in advance.
16.5 Technical failure, loss, and re-performance
Griffith Media uses commercially reasonable production and backup practices, but equipment, media, file systems, power, communications, and human processes can fail. If footage or recordings are materially lost or unusable due solely to Griffith Media's error before delivery, Griffith Media's obligation will be, at its option and where reasonably possible, to re-perform the affected production or refund the fees allocable to the lost or unusable portion. This remedy is subject to Section 28 and does not cover consequential loss, lost opportunity, or an event that cannot be recreated.
16.6 Raw footage and project files
Raw footage, unedited photographs, session files, project files, editable design files, source code, production notes, and working materials are not included unless expressly listed as Deliverables. If transferred, they may require specialized software, fonts, plugins, codecs, licenses, or technical expertise and are provided in their then-existing form.
16.7 Storage and archiving
Unless a Service Order states otherwise, Griffith Media has no obligation to retain raw footage, project files, or other working materials after 90 days following final delivery or termination. Client is responsible for downloading and backing up Final Deliverables promptly. Retrieval from archives, if available, may incur fees.
17. Design, Print, Signage, Promotional Product, and Apparel Services
17.1 Proofs and approvals
Client will review all proofs for text, names, dates, dimensions, quantities, colors, placement, materials, addresses, regulatory language, and other details. Client's written approval authorizes production. Griffith Media is not responsible for an error that appeared in an approved proof or resulted from inaccurate Client Materials.
17.2 Production variation
Client acknowledges that screens, proofs, samples, printers, substrates, inks, dyes, embroidery, fabrication, garment lots, and manufacturing processes vary. Reasonable differences in color, texture, finish, placement, size, registration, material, or quantity that are customary in the applicable trade are not defects.
17.3 Custom goods
Custom, personalized, printed, fabricated, or branded goods are nonreturnable and nonrefundable except for verified defects, shortages, or nonconformity with the approved specifications. Client should inspect shipments promptly and report visible issues within five business days so Griffith Media can investigate with the vendor. This inspection request does not waive any right that cannot lawfully be waived.
17.4 Quantities, substitutions, and availability
Manufacturers may discontinue or substitute materials, colors, garments, components, or models. Griffith Media will seek Client approval for a material substitution when practicable. Industry-standard overages or shortages may occur and will be handled as stated in the Service Order or vendor terms.
17.5 Shipping and installation
Delivery and installation dates are estimates unless expressly guaranteed. Client is responsible for accurate shipping and site information, access, permits, structural suitability, utilities, and landlord or governmental approvals associated with Client-controlled locations unless included in scope.
Carrier delay, damage, or loss will be addressed through available carrier or vendor claims. Griffith Media will reasonably assist, but is not responsible for a carrier's acts beyond amounts actually recovered from the carrier unless the loss was caused by Griffith Media's own breach.
18. Review, Revisions, and Acceptance
18.1 Review periods
Unless a Service Order states another period, Client will review each submitted milestone or Deliverable and provide one consolidated set of feedback within five business days.
18.2 Included revisions
The number and type of included revisions are stated in the Service Order. If not stated, one consolidated round of reasonable revisions that remains within the approved scope is included. Additional rounds, conflicting stakeholder feedback, reversal of a prior approval, new content, or a change in creative direction is additional work.
18.3 Deemed acceptance
A Deliverable is accepted upon the earliest of:
- Client's written approval;
- Client's publication, distribution, broadcast, launch, manufacture, or other commercial use of the Deliverable;
- Payment of a final invoice that clearly identifies the Deliverable as complete; or
- Ten business days after delivery without a written notice identifying a material failure to conform to the Service Order.
A notice of nonconformity must describe the issue in reasonable detail. Subjective dissatisfaction alone is not nonconformity if the Deliverable materially follows the approved scope and direction.
18.4 Limited correction obligation
For 15 business days after acceptance, Griffith Media will correct, without additional professional fees, a reproducible material error caused solely by Griffith Media that makes a Final Deliverable fail to conform to the written specifications in the Service Order. This limited correction obligation does not cover Client Materials, approved proofs, changed requirements, third-party services, later platform changes, Client or third-party modifications, or ordinary maintenance.
To the extent permitted by law, correction or re-performance is Client's exclusive remedy under this limited correction obligation. Failure to request correction within the 15-business-day period ends the no-charge correction obligation but does not shorten a statutory limitations period or waive a claim that cannot lawfully be waived.
19. Fees, Deposits, Expenses, and Taxes
19.1 Fees and invoice timing
Client will pay the fees and approved charges stated in the Service Order. Unless the Service Order states another currency, all amounts are in U.S. dollars. If an invoice does not state a due date, it is due 15 calendar days after issuance.
Unless the Service Order states otherwise, Griffith Media may invoice deposits, milestones, monthly retainers, media spend, third-party costs, reimbursable expenses, completed work, or work performed through a pause or termination.
19.2 Deposits and reservation payments
A deposit or reservation payment may be required before work begins or resources are reserved. To the extent stated in the Service Order, deposits are applied against fees but are nonrefundable once Griffith Media has reserved capacity, begun work, or made noncancelable commitments, except where a refund is required by law or Griffith Media cancels without cause and has not earned or committed the amount.
19.3 Expenses and third-party costs
Client will reimburse approved or reasonably necessary out-of-pocket costs, including travel, mileage, lodging, shipping, couriers, permits, locations, rentals, crew, talent, media, stock assets, music, fonts, software, hosting, printing, fabrication, and platform charges, as allocated in the Service Order.
Griffith Media may apply an administrative or production-management markup where disclosed in the Service Order, estimate, or applicable rate card.
19.4 Taxes
Fees are exclusive of sales, use, excise, value-added, withholding, and similar taxes. Client is responsible for taxes arising from the transaction, other than taxes imposed on Griffith Media's net income. If Client claims an exemption, Client must provide a valid certificate before invoicing.
19.5 Late payment
Past-due undisputed amounts may accrue interest at the lesser of 1.5% per month or the maximum lawful rate. Client will reimburse reasonable collection costs, including attorneys' fees and court costs, to the extent permitted by law.
Client must notify Griffith Media of a good-faith invoice dispute within 10 business days after receipt and pay all undisputed amounts on time. The parties will work promptly to resolve the dispute.
19.6 Suspension and withholding
If an amount is past due, Griffith Media may, after reasonable notice where practicable, suspend Services, pause campaigns, decline publication or launch, withhold Deliverables or transferable rights, remove its personnel, or require advance payment. Griffith Media is not responsible for resulting delay or performance impact.
19.7 No setoff and chargebacks
Client may not withhold, deduct, or set off amounts except for a documented good-faith dispute. Before initiating a payment-card chargeback, Client will give Griffith Media written notice and a reasonable opportunity to address the issue. An improper chargeback is a material breach and does not eliminate Client's payment obligation.
20. Scheduling, Delays, Rescheduling, and Cancellation
20.1 Schedule estimates
Project and delivery dates are estimates unless the Service Order expressly states that a date is guaranteed. A deadline depends on timely Client cooperation, approvals, payments, access, and third-party performance.
20.2 Client-caused delay
A Client-caused delay may result in schedule extension, resource reassignment, storage charges, vendor price changes, remobilization fees, rush charges, and additional production costs. Griffith Media will use reasonable efforts to resume work based on then-current availability.
20.3 Production rescheduling
Unless a Service Order states otherwise, a Client request to cancel or reschedule a shoot, event, installation, or other time-specific booking within 72 hours of the scheduled start may result in charges for:
- Work performed;
- Reserved personnel or capacity;
- Noncancelable or nonrefundable commitments;
- Vendor cancellation or change fees;
- Travel or shipping costs; and
- Reasonable remobilization or rush costs.
Weather and force-majeure rescheduling will be handled under the Service Order or Section 30.
20.4 Project cancellation by Client
Unless a Service Order states a different cancellation formula, Client may cancel a non-recurring project by written notice and will pay:
- All fees for Services performed through the effective date;
- All approved or noncancelable third-party costs and commitments;
- Any earned deposit or reservation amount; and
- A reasonable wind-down charge for transferring files, cancelling resources, and closing the project, not to exceed 15% of the unpaid professional fees remaining in the approved scope.
The parties agree that the wind-down charge is intended to compensate for real administrative and scheduling costs and is not a penalty. It will not be charged to the extent prohibited by law or duplicated by another express cancellation fee.
20.5 Recurring Services
Unless the Service Order states otherwise, either party may terminate month-to-month recurring Services on 30 days' written notice. Fees and noncancelable costs accruing during the notice period remain due. Prepaid periods are nonrefundable to the extent Services, reserved capacity, or noncancelable commitments have been provided.
21. Confidentiality
21.1 Confidential Information
"Confidential Information" means nonpublic business, technical, financial, creative, operational, customer, security, or personal information disclosed by one party ("Discloser") to the other ("Recipient") in connection with an engagement and marked confidential or that reasonably should be understood as confidential given its nature and the circumstances.
Confidential Information does not include information that Recipient can document:
- Is or becomes public through no breach of duty;
- Was lawfully known without restriction before disclosure;
- Is received lawfully from a third party without a duty of confidentiality; or
- Is independently developed without use of the Discloser's Confidential Information.
21.2 Duties
Recipient will use Confidential Information only to perform or receive Services, administer the relationship, exercise rights, protect security, or comply with law. Recipient will protect it using at least reasonable care and disclose it only to personnel, contractors, advisers, or providers who need to know it and are bound by appropriate duties.
21.3 Required disclosure
Recipient may disclose Confidential Information when required by law, subpoena, or court order. Where legally permitted, Recipient will give prompt notice and reasonable cooperation so Discloser may seek protection.
21.4 Duration and return
These confidentiality duties continue during the engagement and for three years afterward, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law. On reasonable request, Recipient will return or destroy Confidential Information, subject to legal retention, backup, archival, and dispute-preservation requirements.
21.5 Equitable relief
Unauthorized use or disclosure may cause irreparable harm for which money damages are inadequate. The affected party may seek appropriate injunctive relief without waiving other remedies.
22. Ownership and Licenses in Deliverables
22.1 Client Materials
Client owns Client Materials, subject to Griffith Media's limited license in Section 12.
22.2 Final Deliverables after full payment
Unless the Service Order states a different ownership structure, after Griffith Media receives full payment of all amounts due for the engagement:
- Griffith Media assigns to Client the copyright interests, if any, that Griffith Media owns in Final Deliverables created specifically and exclusively for Client; and
- To the extent an interest cannot be assigned, Griffith Media grants Client a perpetual, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, distribute, display, perform, and create derivative works from that Final Deliverable for Client's lawful business purposes.
Any assignment or license is subject to the exclusions and restrictions below.
22.3 Exclusions
Client does not acquire ownership of:
- Retained Materials;
- Third-Party Materials;
- Unused concepts, pitches, drafts, alternate takes, rejected designs, or unselected work;
- Raw footage, source files, project files, editable files, development environments, prompts, production files, or working materials unless expressly included; or
- Tools, skills, ideas, methods, know-how, and generalized learning used or developed during the engagement.
22.4 License to embedded Retained Materials
To the extent Retained Materials are embedded in and necessary to use a paid Final Deliverable, Griffith Media grants Client a perpetual, non-exclusive, worldwide, royalty-free license to use those embedded Retained Materials solely as part of or in connection with the Final Deliverable. Client may not extract, resell, sublicense separately, or use Retained Materials to create a competing template, library, product, or service.
22.5 Third-Party Materials
Third-Party Materials remain subject to their separate licenses and restrictions. Griffith Media will identify material restrictions known to it where commercially reasonable. Client is responsible for uses outside the licensed scope, later renewals, seat limits, media limits, geographic limits, term limits, and platform-specific restrictions.
22.6 No rights before payment
Before full payment, Client receives only a revocable license to review Deliverables internally for approval. Client may not publish, distribute, manufacture, launch, broadcast, exploit, or commercially use unpaid work.
22.7 Client modifications and downstream use
Client may modify Final Deliverables after rights transfer, but Griffith Media is not responsible for modifications made by Client or others. Client will not attribute materially altered work to Griffith Media in a misleading manner.
23. Portfolio, Publicity, and Credit
Unless Client opts out in a writing received before the relevant work is first publicly disclosed, or a Service Order states otherwise, Client grants Griffith Media a non-exclusive, perpetual, worldwide, royalty-free license to:
- Display and reproduce publicly released Final Deliverables, representative excerpts, stills, screenshots, and behind-the-scenes materials;
- Identify Client by name and logo; and
- Describe the general nature and results of the engagement,
for Griffith Media's portfolio, website, social media, reels, case studies, proposals, pitches, awards, trade events, educational presentations, and self-promotional materials.
Griffith Media will not intentionally disclose Client Confidential Information, unpublished product details, embargoed material, or nonpublic performance data under this license. Client may request reasonable removal from future digital portfolio use, but removal will not require recall of printed materials, awards submissions, archival posts, or materials already distributed.
Neither party may issue a press release implying endorsement or partnership without the other party's approval.
24. Client Data, Privacy, and Security
24.1 Griffith Media's privacy practices
Griffith Media's collection and use of personal information for its own business purposes is described in its Privacy Policy.
24.2 Processing for Client
When Griffith Media processes personal information solely to provide Services under Client's instructions, Client generally acts as the controller or business and Griffith Media acts as a processor or service provider, subject to applicable law and the parties' agreement.
Client is responsible for:
- Establishing a lawful basis and providing required notices;
- Obtaining and recording required consent;
- Giving lawful and documented instructions;
- Responding to individual rights requests, with Griffith Media's reasonable assistance where required;
- Avoiding collection of unnecessary or prohibited data;
- Executing a data processing addendum where legally required; and
- Ensuring that Client's own vendors, platforms, campaigns, and uses are lawful.
24.3 Restricted data
Client will not provide Griffith Media with payment-card data, protected health information, nonpublic education records, Social Security numbers, financial-account credentials, government identification data, precise geolocation, biometric identifiers, children's data, or other highly sensitive or regulated information unless the Service Order expressly authorizes it and the parties implement appropriate safeguards and contractual terms.
24.4 Security
Each party will use commercially reasonable administrative, technical, and physical safeguards appropriate to the information it controls. No system is completely secure, and Griffith Media does not guarantee that unauthorized access, loss, or incident will never occur.
Client is responsible for security of Client-controlled systems, accounts, users, credentials, devices, data exports, and post-delivery environments.
24.5 Data processing terms
If applicable law requires processor-specific contract terms beyond this Section, the parties will execute a reasonable data processing addendum. Until then, Griffith Media will process Client personal information only to provide the Services, follow documented lawful instructions, maintain confidentiality, use appropriate safeguards, and assist as reasonably required and proportionate to the Services.
25. Third-Party Services and Facilities
Services may depend on third-party platforms, providers, vendors, studios, equipment, applications, hosting, carriers, media outlets, manufacturers, and fulfillment partners. Client authorizes Griffith Media to engage and interact with those third parties as reasonably necessary for the Services.
Third-party terms, licenses, privacy practices, availability, pricing, and technical limits apply. Griffith Media is not responsible for third-party changes, outages, decisions, acts, omissions, or failures, except to the extent Griffith Media failed to use reasonable care in selecting or managing a subcontractor for an obligation Griffith Media expressly assumed.
A booking or use of Big Screen Studios or another facility may be governed by separate facility terms, safety rules, releases, rental agreements, and insurance requirements. Those documents control the facility use and do not automatically become part of a Griffith Media creative-services engagement.
26. Limited Warranties and Disclaimer of Warranties
26.1 Limited service warranty
Griffith Media warrants that it will perform the Services in a professional and workmanlike manner consistent with generally accepted practices for comparable creative and marketing services. Client's remedy for breach of this warranty is the correction or re-performance process in Section 18, provided Client gives reasonably prompt written notice.
26.2 Disclaimer
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE OR AN EXPRESS WARRANTY IN A SIGNED SERVICE ORDER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, SERVICES, DELIVERABLES, THIRD-PARTY SERVICES, AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE."
GRIFFITH MEDIA DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RESULTS, COMPATIBILITY, SECURITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
GRIFFITH MEDIA DOES NOT WARRANT THAT:
- THE SITE OR A THIRD-PARTY PLATFORM WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE;
- A CAMPAIGN, WEBSITE, VIDEO, DESIGN, MESSAGE, OR OTHER DELIVERABLE WILL PRODUCE A PARTICULAR BUSINESS, MARKETING, SEARCH, SOCIAL, SALES, LEGAL, OR FINANCIAL RESULT;
- A PLATFORM WILL APPROVE, DELIVER, RANK, DISPLAY, OR CONTINUE TO SUPPORT CONTENT OR AN ACCOUNT;
- DATA, FOOTAGE, OR FILES WILL NEVER BE LOST OR CORRUPTED; OR
- GENERAL INFORMATION PROVIDED BY GRIFFITH MEDIA CONSTITUTES LEGAL, TAX, ACCOUNTING, INVESTMENT, MEDICAL, OR OTHER REGULATED PROFESSIONAL ADVICE.
Some jurisdictions do not permit certain warranty disclaimers. In those jurisdictions, the disclaimer applies only to the fullest extent permitted.
27. Indemnification
To the maximum extent permitted by law, Client will defend, indemnify, and hold harmless Griffith Media and its affiliates, owners, officers, employees, contractors, and agents (collectively, the "Griffith Media Parties") from and against third-party claims, demands, investigations, proceedings, damages, judgments, penalties, fines, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
- Client Materials, Client's products or services, Client's claims, or Client's instructions;
- Alleged infringement, misappropriation, defamation, invasion of privacy or publicity, or other violation caused by materials, rights, permissions, data, or directions supplied or approved by Client;
- Client's failure to obtain a release, consent, license, permit, legal basis, or authorization required for a production, audience, list, message, tracking practice, campaign, location, participant, testimonial, endorsement, or use;
- Client's website, offer, promotion, contest, advertising claim, product, regulated activity, distribution, publication, modification, or use of a Deliverable;
- Client's violation of privacy, data protection, advertising, telemarketing, email, text-message, consumer-protection, accessibility, employment, sector-specific, or platform law or rule;
- Conduct of Client's personnel, talent, customers, vendors, guests, invitees, or representatives;
- Property damage, personal injury, or unsafe conditions at a location or event controlled by Client, except to the extent caused by a Griffith Media Party's negligence or willful misconduct;
- Client's breach of these Terms or a Service Order; or
- Client's misuse of the Site or Services.
Griffith Media will give Client reasonably prompt notice of an indemnified claim, allow Client to control the defense with counsel reasonably acceptable to Griffith Media, and provide reasonable cooperation at Client's expense. Client may not settle a claim in a manner that admits wrongdoing by, imposes nonmonetary obligations on, or fails to fully release a Griffith Media Party without Griffith Media's written consent.
Client's indemnity obligation is reduced to the extent a final judgment determines that the claim was caused by a Griffith Media Party's gross negligence, willful misconduct, or independent breach of an express obligation.
28. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
28.1 Excluded damages
NO GRIFFITH MEDIA PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, BUSINESS, OPPORTUNITY, REPUTATION, OR DATA; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR FAILURE OF A CAMPAIGN, PLATFORM, PRODUCT LAUNCH, EVENT, OR BUSINESS OBJECTIVE, ARISING OUT OF OR RELATING TO THE SITE, SERVICES, DELIVERABLES, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
28.2 Site cap
FOR A CLAIM ARISING SOLELY FROM USE OF THE SITE AND NOT FROM A PAID SERVICE ENGAGEMENT, THE GRIFFITH MEDIA PARTIES' TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
28.3 Service cap
FOR A CLAIM ARISING FROM A SERVICE ENGAGEMENT, THE GRIFFITH MEDIA PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AFFECTED SERVICE ORDER WILL NOT EXCEED: (A) FOR RECURRING SERVICES, THE PROFESSIONAL FEES ACTUALLY PAID TO GRIFFITH MEDIA UNDER THAT SERVICE ORDER DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) FOR A ONE-TIME PROJECT, THE PROFESSIONAL FEES ACTUALLY PAID TO GRIFFITH MEDIA FOR THAT PROJECT. MEDIA SPEND, TAXES, PASS-THROUGH COSTS, REIMBURSED EXPENSES, AND AMOUNTS PAID TO THIRD PARTIES ARE EXCLUDED FROM THE CAP.
If no professional fee was paid under the affected Service Order, the cap is $500.
28.4 Scope and allocation of risk
The exclusions and caps apply regardless of legal theory, including contract, tort, negligence, strict liability, statute, or otherwise; apply to a series of related claims as one aggregate limit; and remain effective even if a remedy fails of its essential purpose.
The parties acknowledge that fees reflect this allocation of risk and that Griffith Media would not enter the agreement on the same economic terms without these limitations.
28.5 Exceptions
Nothing in these Terms excludes or limits:
- Client's obligation to pay amounts due;
- Client's indemnification obligations;
- Liability for a party's fraud, gross negligence, or willful misconduct;
- Liability for death or personal injury to the extent caused by negligence and not lawfully limitable; or
- Any liability that applicable law does not permit to be excluded or limited.
Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, each provision applies to the fullest extent permitted.
29. Suspension and Termination
29.1 Site access
Griffith Media may restrict or terminate Site access at any time if it reasonably believes you violated these Terms, created risk, interfered with the Site, or acted unlawfully.
29.2 Termination for breach
Either party may terminate a Service Order for a material breach that remains uncured 10 business days after written notice. No cure period is required for:
- Nonpayment after a payment reminder and reasonable opportunity to cure;
- Fraud, unlawful conduct, abuse, threats, harassment, or unsafe conditions;
- A breach that cannot reasonably be cured;
- An instruction that would require unlawful or unethical conduct;
- Insolvency, cessation of business, or bankruptcy-related circumstances to the extent termination is permitted by law; or
- A serious security, privacy, intellectual-property, or platform risk requiring immediate action.
29.3 Effect of termination
On expiration or termination:
- Client will pay all accrued fees, completed work, approved expenses, noncancelable commitments, and applicable cancellation or wind-down charges;
- Griffith Media may stop work, cancel resources, and withhold unpaid Deliverables and rights;
- Each party will return or address property and Confidential Information as required by these Terms;
- Griffith Media will provide paid Final Deliverables and reasonable transition cooperation within scope or at then-current rates; and
- Provisions that by their nature should survive will survive, including payment, confidentiality, ownership, portfolio rights already granted, disclaimers, indemnity, liability limitations, dispute terms, and general provisions.
Termination does not affect rights or obligations accrued before termination.
30. Force Majeure
Neither party is liable for delay or failure, other than Client's obligation to pay amounts already due, caused by circumstances beyond its reasonable control, including severe weather, fire, flood, natural disaster, epidemic, public-health emergency, war, terrorism, civil unrest, labor dispute, governmental action, court order, utility failure, internet or telecommunications outage, cyberattack not caused by the affected party's failure to use reasonable safeguards, transportation disruption, equipment failure despite reasonable maintenance, platform or vendor outage, supply shortage, location closure, or emergency unavailability of essential personnel or talent.
The affected party will give notice when reasonably practicable and use commercially reasonable efforts to mitigate. Deadlines will be extended for the period reasonably affected. If a force-majeure event materially prevents performance for more than 30 days, either party may terminate the affected Service Order by written notice, and Client will pay for work performed and noncancelable commitments through termination.
31. Copyright Complaints
Griffith Media respects intellectual-property rights. A copyright owner or authorized agent who believes material on the Site infringes a copyright may send a notice containing the information required by 17 U.S.C. Section 512(c)(3), including:
- Identification of the copyrighted work;
- Identification and location of the allegedly infringing material;
- Contact information for the complaining party;
- A statement of good-faith belief that the use is not authorized;
- A statement, under penalty of perjury, that the notice is accurate and the sender is authorized; and
- A physical or electronic signature.
Send notices to:
Copyright Notice
Paul Griffith Productions LLC d/b/a Griffith Media
1002 N Central Expressway, Suite 269
Richardson, TX 75080
Email: hello@griffith.media
We may remove or disable access to material in response to a valid notice and may terminate repeat infringers where appropriate. Knowingly making a material misrepresentation in a notice or counter-notice may create liability under federal law.
This contact information is provided for copyright notices; it is not a representation that Griffith Media has completed every registration or procedure required to claim a particular statutory safe harbor.
32. Griffith Media Email, Telephone, and Text Communications
32.1 Service and transactional communications
When you provide contact information in connection with an inquiry or engagement, Griffith Media may contact you about the inquiry, appointment, proposal, project, account, payment, delivery, security, or relationship using reasonable channels, subject to applicable law and your communication preferences.
32.2 Marketing email
You may unsubscribe from marketing email using the link in the message or by contacting hello@griffith.media. We may still send nonmarketing communications about an active inquiry, transaction, or engagement.
32.3 Text-message program terms
Where you expressly opt in to Griffith Media text messages, you agree to receive the types of recurring or one-time messages described at the point of consent, which may include appointment, project, informational, or marketing messages. Messages may be sent using automated technology where disclosed.
- Consent to marketing texts is not a condition of purchase;
- Message frequency varies;
- Message and data rates may apply;
- Reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to revoke consent and stop non-emergency messages from the applicable Griffith Media sending number that require consent;
- Reply HELP for help, or contact hello@griffith.media;
- We may send a single confirmation of an opt-out request;
- Carriers are not liable for delayed or undelivered messages;
- Delivery is subject to carrier, device, and network availability; and
- You represent that you are the subscriber or customary user of the number provided and will notify us if it changes.
A request made through another reasonable method will be honored as required by law. Opting out of marketing texts does not prevent communications that are nonmarketing and legally permitted, such as responses you request or essential project communications, unless you ask us to stop those communications as well and another channel is available.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Subcontractors in support services may include messaging platforms, telecommunications carriers, and vendors that help us deliver messages, maintain consent and suppression records, or protect security.
32.4 Call recording
We may record a call or virtual meeting only after providing notice or obtaining consent when required. You may ask to continue through an unrecorded method where reasonably available.
33. Privacy Choices
Our Privacy Policy explains how Griffith Media collects, uses, discloses, and protects personal information. Where applicable, you may use the Cookie Settings or Your Privacy Choices link on the Site, send a recognized Global Privacy Control signal, or contact hello@griffith.media to exercise a privacy right.
Your use of the Site is also subject to the Privacy Policy, but a Privacy Policy is a notice rather than a promise that every third-party platform or internet transmission is risk-free.
34. Governing Law and Dispute Resolution
34.1 Texas law
These Terms and any dispute arising out of or relating to them, the Site, or Services are governed by the laws of the State of Texas, without regard to conflict-of-laws rules, except to the extent federal law controls.
34.2 Informal resolution
Before filing a lawsuit, a party will give the other a written notice describing the dispute, the supporting facts, and the requested relief. The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt. This covenant is intended to encourage resolution and is not a condition precedent to suit. It does not prevent a party from seeking temporary or emergency equitable relief, preserving a limitations period, pursuing an undisputed payment, or responding to a governmental matter.
If a court nevertheless treats any contractual claim-notice requirement in these Terms as a condition precedent to suit, the notice period will be deemed to be at least 90 days or the minimum period required by Texas law, whichever is longer.
34.3 Exclusive venue
Any lawsuit arising out of or relating to these Terms, the Site, or Services must be brought exclusively in the state courts located in Dallas County, Texas, or the United States District Court with jurisdiction over Dallas County, Texas. Each party irrevocably consents to personal jurisdiction and venue there and waives objections based on inconvenient forum.
34.4 Jury-trial waiver
TO THE EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN A DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR SERVICES.
34.5 Attorneys' fees
The prevailing party in an action to enforce these Terms or collect an undisputed amount is entitled to recover reasonable attorneys' fees and costs to the extent permitted by law.
34.6 Contractual limitations period
To the extent permitted by law, a claim arising out of or relating to these Terms, the Site, or Services must be filed within two years after the claim accrues. This clause does not shorten a period that cannot lawfully be shortened, extend a shorter statutory repose period, or alter a different valid period stated in a signed agreement.
34.7 Equitable relief
A party may seek temporary, preliminary, or permanent injunctive relief for actual or threatened misuse of intellectual property, Confidential Information, credentials, systems, or data without first completing informal negotiations where delay would cause irreparable harm.
35. General Provisions
35.1 Independent contractors
The parties are independent contractors. These Terms do not create a partnership, joint venture, franchise, fiduciary, employment, agency, or exclusive relationship. Neither party may bind the other except as expressly authorized.
35.2 No third-party beneficiaries
Except for Griffith Media Parties entitled to indemnity or liability protections, these Terms do not create rights for any third party.
35.3 Assignment
Client may not assign or transfer an engagement or these Terms without Griffith Media's prior written consent, except as part of a merger or sale of substantially all of Client's relevant business if the successor assumes all obligations and is not a competitor or credit risk. Griffith Media may assign these Terms to an affiliate or in connection with a merger, reorganization, financing, or sale of all or substantially all relevant assets.
35.4 Severability and reformation
If a provision is held invalid or unenforceable, it will be enforced to the maximum lawful extent and, where permitted, modified to reflect the original intent. The remaining provisions remain effective.
35.5 Waiver
A waiver must be in writing and applies only to the specific instance. Delay or failure to enforce a right is not a waiver. Remedies are cumulative unless expressly stated otherwise.
35.6 Headings and interpretation
Headings are for convenience. "Including" means "including without limitation." The singular includes the plural and vice versa. These Terms will not be construed against either party as drafter.
35.7 Entire agreement
For Site use, these Terms are the entire agreement concerning permitted use of the Site; the Privacy Policy separately provides notice of Griffith Media's data practices. For Services, these Terms, the applicable Service Order, and any controlling signed agreement are the entire agreement concerning the engagement and supersede prior or contemporaneous proposals, discussions, and communications on the same subject.
35.8 Amendments to active engagements
A change to an active Service Order must be agreed in writing by authorized representatives. A later online update to these Terms will not retroactively change an existing Service Order unless the parties agree or the Service Order expressly provides for prospective updates to recurring Services with notice.
35.9 Updates to Site terms
We may update the Site-related portions of these Terms prospectively. The "Last updated" date identifies the current version. Material changes will be posted or otherwise communicated as required. Continued Site use after the effective date constitutes acceptance of the revised Site terms.
35.10 Notices
Notices concerning an active engagement may be sent to the business and email addresses in the Service Order. Formal legal notices to Griffith Media must be sent by email and by nationally recognized overnight courier or certified mail to:
Paul Griffith Productions LLC d/b/a Griffith Media
Attn: Legal Notice
1002 N Central Expressway, Suite 269
Richardson, TX 75080
Email: hello@griffith.media
A notice is effective upon confirmed delivery, except that email alone is not sufficient for service of legal process.
35.11 Survival
Accrued payment obligations and Sections 8, 12, 14, 18 through 35, and any other provision that by its nature should survive, survive expiration or termination.
36. Contact
Questions about these Terms may be sent to:
Paul Griffith Productions LLC d/b/a Griffith Media
1002 N Central Expressway, Suite 269
Richardson, TX 75080
Email: hello@griffith.media
