Terms, Policies & How We Do Business
This website is owned and operated by The Yolk Media (“The Yolk Media”, “we”, “us”, or “our”). By accessing or using this website or any services offered through it (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (“Terms” or “Agreement”). If you do not agree to these Terms, you must not access or use the website or the Services. You may contact us if you have any questions regarding these Terms.
1. Eligibility for Complimentary Marketing Plan
From time to time, we may, at our sole discretion, offer a complimentary marketing plan or similar no‑fee engagement (“Complimentary Plan”). Access to any Complimentary Plan is a privilege, not an entitlement. The Yolk Media reserves the unrestricted right to review, accept, decline, limit, suspend, or discontinue any Complimentary Plan request or participation for any reason or no reason, without obligation to provide justification and without incurring any liability.
2. Nature of Services and Performance Disclaimer
Our Services are professional, advisory, and facilitative in nature. Marketing, media buying, creative, analytics, technology and related activities inherently involve variables beyond our control, including but not limited to platform changes, market conditions, audience behavior, third‑party systems, and business execution on the client side.
Accordingly, all discussions of potential outcomes, projections, or case studies are illustrative only and do not constitute a promise, warranty, or representation that any particular outcome, level of performance, or business objective will be achieved. You acknowledge that your business decisions and results remain solely your responsibility and that you should obtain independent professional advice where appropriate.
3. Communications and Public Statements (Non‑Disparagement)
During and after any engagement, both you and The Yolk Media agree to conduct all public and client‑facing communications in a professional and commercially reasonable manner. Neither party shall knowingly publish or cause to be published any false, misleading, or malicious statements about the other party or its officers, employees, or agents, including on social media or online forums. Nothing in this clause prevents either party from:
making good‑faith statements in the course of legal, regulatory, or governmental proceedings; or
providing accurate information as required by law.
4. Limitation of Liability
To the fullest extent permitted by applicable law and except where expressly stated otherwise in a separately executed written agreement:
The Services are provided on a professional “as‑is” and “as‑available” basis. Any use of strategies, recommendations, or implementations is undertaken at your own discretion and risk.
The Yolk Media disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, or non‑infringement.
In no event shall The Yolk Media, its directors, officers, employees, contractors, or agents be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages of any kind, including without limitation loss of profits, revenue, data, business interruption, or goodwill, whether arising in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such damages.
To the extent any liability is found to exist notwithstanding the foregoing, the aggregate liability of The Yolk Media for any and all claims arising out of or related to the Services or these Terms shall not exceed the total fees actually paid by you to The Yolk Media in the three (3) calendar months immediately preceding the event giving rise to the claim.
5. Force Majeure
Neither party shall be deemed in breach of these Terms, nor otherwise liable, for any delay or failure in performance to the extent such delay or failure is caused by events, circumstances, or causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, acts of government or regulators, war, terrorism, civil unrest, strikes or labor disputes (other than those involving that party’s own workforce), interruptions or failures of utilities, telecommunications or hosting services, or failures of third‑party platforms or suppliers. Financial inability or lack of funds shall not constitute a force majeure event.
6. Payment Defaults and Suspension of Services
Where you have entered into a paid engagement with The Yolk Media, all fees and charges are due as specified in the applicable proposal, order form, or statement of work. If any amount becomes overdue, The Yolk Media may, without prejudice to any other rights or remedies available at law or in equity:
suspend, pause, or limit the provision of Services;
withhold campaign assets, reports, or access; and/or
terminate the engagement in accordance with any applicable agreement,
until all outstanding amounts, including any applicable late fees, are received in cleared funds.
7. Governing Law and Dispute Resolution
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the website, or the Services shall be governed by and construed in accordance with the laws of India. Subject to any mandatory provisions of applicable law, you agree that courts located in India shall have exclusive jurisdiction and venue over all such disputes.
8. Legal Costs
If any dispute, claim, arbitration, or other legal proceeding arises between you and The Yolk Media relating to these Terms or any Services, each party shall be entitled, to the extent permitted by law and determined by the adjudicating body, to seek recovery of its reasonable legal fees and costs from the other party.
9. Entire Agreement
These Terms, together with any additional written agreements, proposals, statements of work, or order forms explicitly incorporated by reference, constitute the entire agreement between you and The Yolk Media regarding the subject matter hereof. They supersede all prior or contemporaneous understandings, communications, negotiations, and agreements, whether written or oral, relating to the same subject matter. Any modification or waiver of these Terms must be in a written instrument executed by an authorized representative of The Yolk Media.
10. Severability
If any provision of these Terms is held by a court or other competent authority to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.
11. Assignment and Successors
You may not assign, transfer, or delegate any of your rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of The Yolk Media. Any attempted assignment in violation of this clause will be null and void. The Yolk Media may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
12. Acceptance
By accessing or using this website, submitting any form, or participating in any discovery call, proposal, Complimentary Plan, or paid engagement, you acknowledge that you have read, understood, and agree to be bound by these Terms as of the date of such access or engagement.