Terms of Service (ToS)

EFFECTIVE DATE: MAY 23, 2025

Introduction

Welcome to Marketing The Message, your premier partner in elevating your brand through expert visual content marketing and strategic consulting services. Our mission is to empower ambitious creatives, artists, soul-driven professionals, wanderers, wellness seekers, and brand strategists craving conceptual freshness with the knowledge they need to stand out in a competitive market. By using our services, you’re taking a significant step towards reimagining your brand and effectively showcasing it for others to notice.

Acceptance of Terms

By accessing and using our website, www.marketingthemessage.com, and engaging with our services, you agree to be bound by the following terms and conditions (the “Terms of Service” or “ToS”). These Terms govern your access to and use of Marketing The Message’s services, including any content, functionality, and services offered on or through www.marketingthemessage.com, as well as our consulting services provided by Ryan Sobolski and Tessa Alyce.

Please read the Terms of Service carefully before you start to use our services. By using our services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use our services.

Modification of Terms

Marketing The Message reserves the right, at our discretion, to modify, add, or remove portions of these Terms at any time by posting the amended Terms on our website. Please check these Terms periodically for changes. Your continued use of the services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, we will take reasonable steps to notify you of such changes.

In case you have specific questions or concerns about these Terms of Service, please contact us directly at contact@marketingthemessage.com.

Description of Paid Services

Description of Services

Marketing The Message is dedicated to empowering individuals and brands to achieve remarkable success through one core service offering:

Visual Content Design Services

Led by Ryan Sobolski and Tessa Alyce, our visual content design services are tailored to brands seeking to elevate their online presence with high-end, premium brand imagery, video, and short films. We specialize in creating captivating brand images and video that not only capture attention but also resonate with your target audience. Our services include, but are not limited to:

Customized brand/product image creation
Customized brand/product video/short-film creation
Brand image consulting
Visual strategy development

Our goal is to help you individuate your business, making it stand out from the competition with visuals that are not only eye-catching but also authentically aligned with your brand’s identity.

Service Modifications

Marketing The Message reserves the right to modify, enhance, or discontinue any of its services at its sole discretion without prior notice to clients. However, we are committed to ensuring that any changes to our services are made with the aim of providing greater value to our clients and will communicate any significant changes in a timely manner.

Usage of Services

Our services are designed for individuals and businesses seeking to improve their market presence through superior visual content. Use of our services for any illegal or unauthorized purpose is strictly prohibited. Clients are expected to adhere to all applicable laws and regulations while engaging with our services.

User Accounts and Responsibilities

Creating an Account

To access certain features of Marketing The Message’s services, users may be required to create an account. When creating your account, you agree to:

Provide Accurate Information: Furnish complete and accurate information as prompted by any registration forms on the website.
Maintain Security: Maintain the confidentiality of your account password and identify any unauthorized use of your account to us immediately.
Update Information: Promptly update the account information to keep it accurate, complete, and up-to-date.

Responsibilities of Users

As a user of Marketing The Message, you are expected to use our services responsibly and ethically. This includes:

Compliance with Laws: Ensuring that all activities conducted through your account comply with all applicable laws, service terms, and regulations.
Content Ownership and Use: Acknowledging that all materials, whether publicly posted or privately transmitted through the services, are the sole responsibility of the person from whom such content originated. This means you, and not Marketing The Message, are entirely responsible for all content that you upload, post, email, transmit, or otherwise make available via the service.
Prohibited Uses: Agreeing not to use the services in any way that:
- Harms minors in any way.
- Impersonates any person or entity, including, but not limited to, a Marketing The Message official, or falsely states or otherwise misrepresents your affiliation with a person or entity.
- Adds to or creates any undue burden on our services or the networks or services connected to the services.
- Attempts to bypass any measures we may use to prevent or restrict access to the service.

Account Termination

Marketing The Message reserves the right to suspend or terminate your account and refuse any current or future use of the services (or any portion thereof) if you provide any information that is untrue, inaccurate, not current, or incomplete, or Marketing The Message has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.

Intellectual Property Rights

Ownership and Use of Content

All content provided by Marketing The Message, including but not limited to visual content, text, graphics, logos, images, as well as the compilation thereof, and any software used on the website, is the property of Marketing The Message or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Marketing The Message grants you a personal, non-transferable, non-exclusive right and license to use the content provided through our paid services for your personal or business use, subject to the terms and conditions of this Terms of Service.

User-Generated Content

Users may be able to upload, post, or otherwise make available content through our services. By doing so, you grant Marketing The Message a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the service provided by Marketing The Message and its business, including without limitation for promoting and redistributing part or all of the service (and derivative works thereof) in any media formats and through any media channels.

Prohibitions

You agree not to:

Reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without express written permission by Marketing The Message.
Use the company’s name, logos, trademarks, or any other proprietary graphics without Marketing The Message’s express permission.
Alter or modify any part of the services or any of the content provided by Marketing The Message.

Intellectual Property Infringement

No part of this site or its downloads may be reproduced, distributed, or transmitted in any form without prior written permission.

If you believe any content here infringes your copyright, please email privacy@marketingthemessage.com with:

Your name, address, telephone number, and email address;
A description of the copyrighted work;
URL or description of the infringing material;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic signature.

Revisions and Errata

The materials appearing on Marketing The Message’s services could include technical, typographical, or photographic errors. Marketing The Message does not warrant that any of the materials on its website are accurate, complete, or current. Marketing The Message may make changes to the materials contained on its website at any time without notice. Marketing The Message does not, however, make any commitment to update the materials.

Payment Terms

General Payment Policy

Marketing The Message requires payment to be received in full before any work is commenced on your project. This policy ensures that both parties are committed to the project and that Marketing The Message can allocate the necessary resources to begin work immediately.

Methods of Payment

Stripe Portal: All payments should be made via our company’s Stripe portal, accessible within the private contract sent to you directly. Stripe allows for secure and convenient payment processing, ensuring your information is protected.
Cryptocurrency Payments: By prior agreement only, Marketing The Message may accept payment via cryptocurrency transfer to the company’s designated cryptocurrency wallet. Specific details regarding the cryptocurrency types accepted and the wallet address will be provided upon request and agreement.

Payment Instructions

Upon deciding to engage with our services, clients will be provided with detailed instructions on how to complete their payment via the selected method. For payments through the Stripe portal, a direct link will be provided. For cryptocurrency payments, the specific wallet address and the accepted cryptocurrencies will be communicated directly to the client.

Failure to Pay

If payment is not received as agreed, Marketing The Message reserves the right to withhold the commencement of work until payment is completed and received in full. In cases where payment remains outstanding, Marketing The Message may, at its discretion, cancel the service agreement and refuse further work with the client.

Refunds and Cancellations

Given the nature of our services, Marketing The Message typically does not offer refunds once work has commenced. However, we are committed to ensuring client satisfaction. Should there be any concerns or disputes regarding the services provided, clients are encouraged to contact us directly to discuss potential resolutions.

Changes to Payment Terms

Marketing The Message reserves the right to modify these payment terms at any time. Any changes will be communicated to existing clients in advance and will be applicable to new projects following the notification of such changes.

Confidentiality and Privacy

Confidentiality Agreement

Marketing The Message recognizes the importance of confidentiality in maintaining trust and integrity in our client relationships. As such, we are committed to protecting the confidential information shared with us during the course of our engagements. Confidential information includes but is not limited to:

Business strategies and operations
Product information
Marketing plans
Visual content and designs
Personal information and any other information disclosed during consulting sessions or through the process of content creation that is not publicly known.

Client Responsibilities

Clients agree to:

Not disclose or use Marketing The Message’s confidential information for any purpose outside the scope of our agreement, except with Marketing The Message’s prior written permission.
Take all reasonable steps to protect Marketing The Message’s confidential information from unauthorized use or disclosure.

Privacy Policy

Marketing The Message is also committed to protecting the privacy of our clients and website users. Our Privacy Policy outlines how we collect, use, and safeguard personal information provided through our website and services. Key aspects include:

Information Collection: We collect personal information necessary to provide our services, process payments, and enhance user experience.
Use of Information: Personal information is used strictly for the purposes for which it was collected, including service provision, communication, and improvement of our offerings.
Data Protection: We implement appropriate security measures to protect against unauthorized access to or alteration of your personal information.

Data Sharing and Disclosure

Marketing The Message will never sell, rent, or lease your personal information to third parties. Any sharing or disclosure of personal information will only occur if required by law or with your explicit consent.

Amendments to Confidentiality and Privacy Policies

Marketing The Message reserves the right to update or modify this confidentiality and privacy section at any time. Changes will be communicated through our website or via direct communication to our clients.

Limitation of Liability and Disclaimers

Limitation of Liability

Marketing The Message and its officials, Ryan Sobolski and Tessa Alyce, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Marketing The Message has been advised of the possibility of such damages), resulting from:

Service Delivery:
- The use or the inability to use the service;
- The inability to use the services provided by Ryan Sobolski or Tessa Alyce due to technical or logistical issues, including delays in service delivery, unforeseen complications in content creation, or challenges in scheduling consultations.
Outcome Expectations:
- The reliance on the transformative potential of the services provided, including but not limited to expectations regarding the impact of visual content marketing on brand recognition and market penetration.
Content Usage:
- Any claims related to the intellectual property rights of the visual content provided by Tessa Alyce, including disputes over copyright infringement or the unauthorized use of content.
Consulting Advice:
- Decisions made or actions taken by the client based on the consulting advice provided by Tessa Alyce, including but not limited to, content ideation, marketing knowledge, marketing strategy, marketing systems, business decisions, or personal development actions.
Third-Party Engagements:
- Statements or conduct of any third party on the service;
- Any interactions with third-party services, platforms, or individuals facilitated through the use of our services, including disputes arising from transactions, communications, or collaborations initiated through our consultancy.
Payment Transactions:
- Issues arising from payment processing through the company’s Stripe portal or cryptocurrency transactions, including but not limited to, payment fraud, disputed transactions, or technical errors in payment processing.
The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service;
Unauthorized access to, or alteration of, your transmissions or data;
Any other matter relating to the service.

Disclaimer of Warranties

You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. Marketing The Message expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Marketing The Message makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Marketing The Message or through or from the service shall create any warranty not expressly stated in the TOS.

Acknowledgment

By using Marketing The Message’s services, you acknowledge and agree that the limitations of liability and disclaimers set forth in this section are fundamental elements of the basis of the agreement between you and Marketing The Message and that the service would not be provided to you absent such limitations.

Dispute Resolution

General Approach

Marketing The Message is committed to resolving concerns or disputes directly and efficiently. Clients are encouraged to contact us at the earliest indication of a dispute so that we can work towards a mutually satisfactory resolution.

Mediation

Before initiating any legal proceedings, the parties agree to participate in at least one session of mediation administered by the Australian Mediation Association or another mediation service mutually agreed upon, located in Queensland, Australia. Marketing The Message reserves the right to select the mediator, subject to reasonable objection by the client. The costs of mediation will initially be borne by the client, with the understanding that the mediator may direct a different cost allocation in the final mediation agreement.

Governing Law and Jurisdiction

This Terms of Service and any dispute arising from the services provided by Marketing The Message shall be governed by the laws of Queensland, Australia. The parties irrevocably agree that the exclusive jurisdiction for any dispute will be the courts of Queensland, Australia. This choice of venue is intended to provide predictability in legal affairs for both Marketing The Message and its clients.

Legal Fees Recovery

In the event that mediation does not resolve the dispute and legal proceedings are initiated, the client agrees to reimburse Marketing The Message for all reasonable legal fees, costs, and disbursements if Marketing The Message prevails in such proceedings.

Limitation on Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the services provided must be commenced within thirty (30) days after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

No Class Actions

Clients agree to resolve any disputes with Marketing The Message on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

Amendment to Terms

Marketing The Message reserves the right to modify the Dispute Resolution terms at any time. Clients will be notified of significant changes through direct communication or via our website, ensuring ongoing clarity and mutual understanding of the process.

Changes to Terms

Right to Modify Terms

Marketing The Message reserves the right, at its sole discretion, to modify or replace any part of these Terms of Service (ToS) at any time. It is the responsibility of the client to check this ToS periodically for changes. Your continued use of or access to our services following the posting of any changes to this ToS constitutes acceptance of those changes.

Substantial Changes

In the case of substantial changes that could materially affect the nature of the services provided or the obligations of the client, Marketing The Message will provide a more detailed notice and explanation of the changes and their potential effects.

Client’s Acknowledgement

By continuing to access or use our services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the services.

Emergency Changes

Marketing The Message may revise these Terms of Service without notice in the event of emergencies, unforeseen legal liabilities, threats to the security of the services, or regulatory changes affecting the services. In such cases, the changes will be made in the best interest of protecting Marketing The Message, its clients, and its services.

Contact Information

For any questions, concerns, or comments about the Terms of Service (ToS), please contact us at contact@marketingthemessage.com.

Terms of Service – Current (Consulting Services)