Terms of Service

These Terms of Service (the “Terms”) are a binding agreement that governs your access to and use of MEDIA ON DEMAND (the “Platform”). The Platform and its technology services are provided by Stankevicius Pacific Limited (the “Provider”, “we”, “us”, or “our”). By accessing, registering for, or using the Platform, you accept these Terms in full and on behalf of any organisation you represent. If you do not agree, you must not access or use the Platform.

You acknowledge and agree that you use the Platform entirely at your own risk, that the Provider supplies software and technology only, and that, to the maximum extent permitted by law, the Provider bears no responsibility or liability for your content, your use of the Platform, any media channel, or any outcome arising from publication.

The service

MEDIA ON DEMAND is a technology tool that lets authorised users create content and submit it for distribution to connected media channels. Media channels and distribution infrastructure are provided by Arcana Mace, MediaBroker.org, and other third parties. Connected channels are independently operated and apply their own editorial standards, categories, formatting, review, pricing, and publishing decisions. The Provider supplies software only and does not produce, edit, endorse, verify, monitor, or control any content or channel, and gives no guarantee that the Platform or any channel will be available, continuous, or fit for any purpose.

Accounts

You may register for an account to use the platform. You are responsible for safeguarding your credentials and are fully responsible for all activity under your account. You must notify us promptly of any unauthorised use. We may refuse, suspend, restrict, or terminate access at any time, for any or no reason, without notice and without liability.

Your content and your responsibility

You are solely and exclusively responsible for all content you create, upload, submit, or publish through the Platform, including its accuracy, legality, originality, and rights clearance. You represent and warrant that you hold all necessary rights, licences, consents, and permissions, and that your content does not infringe any third-party right, violate any law, or breach any channel’s rules. You alone bear all responsibility, cost, and liability for your content and for the consequences of publishing it.

Acceptable use and channel policies

You agree not to use the Platform to create or distribute unlawful, defamatory, infringing, deceptive, misleading, or harmful content, to misrepresent sponsorship or authorship, or to interfere with the Platform or any channel. You must publish only legitimate, lawful content and must comply with the editorial, advertising, and content policies of each media channel to which you publish, where such policies exist. It is your responsibility to review and follow each channel’s policies before purchasing or publishing.

We and the connected channels may decline, edit, delay, or remove any submission at any time, at sole discretion, without liability. If you pay for and publish content that violates a channel’s policies, applicable law, or these Terms, the channel or the Provider has the right to remove, unpublish, or permanently delete that content at any time, at sole discretion and without notice. In such cases no refund will be provided and any fee paid remains non-refundable. The Provider has no responsibility or liability for any such removal or its consequences.

No responsibility for outcomes

The Provider does not guarantee and accepts no responsibility or liability for whether any submission is accepted, published, indexed, ranked, retained, or removed, nor for the timing, placement, visibility, accuracy, performance, or results of any content, nor for any act, omission, delay, error, suspension, or decision of any connected channel, third party, or system. All such matters are outside the Provider’s control and are your responsibility and risk.

Third parties

The Platform integrates third-party services, channels, models, and infrastructure (including those provided by Arcana Mace and MediaBroker.org). The Provider is not responsible or liable for any third party, their availability, conduct, content, fees, policies, security, or data handling, or for any loss or damage arising from them. Your dealings with any third party are solely between you and that third party.

Fees and no refunds

Fees for paid services are payable in advance and, except where required by mandatory law, are final and non-refundable under all circumstances, including where content is removed for policy violations or is not ultimately published. Full details are set out in the Sales and Refunds policy, which forms part of these Terms. You agree not to initiate any chargeback or payment dispute for purchases made through the Platform.

Assumption of risk

You knowingly and voluntarily assume all risks associated with the Platform and with creating, submitting, and publishing content, including risks relating to legality, reputation, third parties, channels, data loss, and security. The Provider does not provide legal, compliance, editorial, financial, or other professional advice, and you are solely responsible for determining whether your use and content are appropriate and lawful.

Disclaimer of warranties

The Platform is provided strictly on an “as is” and “as available” basis, with all faults, and without warranties or conditions of any kind, whether express, implied, or statutory, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, non-infringement, and any warranties arising from course of dealing or usage of trade. The Provider does not warrant that the Platform will be available, uninterrupted, timely, secure, error-free, or free of harmful components, or that any content or data will be preserved, transmitted, or delivered. You use the Platform entirely at your own risk.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE PROVIDER OR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OPPORTUNITY, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATING TO THE PLATFORM, YOUR CONTENT, ANY PUBLICATION OR DISTRIBUTION, ANY THIRD PARTY OR CHANNEL, ANY REMOVAL OF CONTENT, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

You agree to defend, indemnify, and hold harmless the Provider and its owners, directors, officers, employees, agents, partners, licensors, and suppliers from and against any and all claims, demands, investigations, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to your content, your use of or inability to use the Platform, your breach of these Terms, or your violation of any law, channel policy, or third-party right. The Provider may assume the exclusive defence and control of any matter subject to indemnification, at your expense, and you agree to cooperate.

Force majeure

The Provider will not be liable for any failure or delay caused by events beyond its reasonable control, including acts of God, outages, network or hosting failures, third-party or channel actions, cyber-attacks, changes in law, or labour conditions.

Intellectual property

The Platform, its software, trademarks, and branding (including MEDIA ON DEMAND, Arcana Mace, and Media Broker marks) are owned by their respective owners and protected by law. No rights are granted to you except the limited, revocable, non-exclusive, non-transferable right to use the Platform in accordance with these Terms.

Suspension and termination

We may suspend, restrict, or terminate your access to all or part of the Platform at any time, for any or no reason, without notice and without liability. Upon termination, your right to use the Platform ceases immediately. Sections that by their nature should survive termination (including content responsibility, fees and no refunds, disclaimers, limitation of liability, indemnification, and governing law) survive.

Changes

We may modify, suspend, or discontinue the Platform or any part of it, and may update these Terms, at any time without notice or liability. Your continued use after changes take effect constitutes acceptance of the revised Terms.

Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which the Provider is established, without regard to conflict-of-laws rules, and you submit to the exclusive jurisdiction of its courts. To the maximum extent permitted by law, any dispute will be resolved on an individual basis, and you waive any right to participate in a class, collective, or representative action. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions remain in full force.

General

These Terms (together with the Privacy Policy, the Sales and Refunds policy, and any order form or agreement) are the entire agreement between you and the Provider and supersede all prior understandings. You have not relied on any statement or representation not expressly set out here. No failure to enforce any provision is a waiver. You may not assign these Terms; the Provider may assign them freely. Nothing in these Terms creates any third-party beneficiary rights, except that the indemnified parties may enforce the provisions that benefit them.