1. Services Overview:
NADmedia Creative Agency provides an array of creative services, encompassing but not limited to web hosting, web design, graphic design, branding, and digital marketing. The precise details of the services you engage with shall be elucidated in a separate agreement or proposal.
2. Acceptable Use:
You are bound to employ our services solely for lawful purposes and in a manner that avoids infringing upon the rights of others or contravening applicable laws and regulations. Utilizing our services to transmit or circulate content that is unlawful, detrimental, threatening, abusive, harassing, defamatory, indecent, or otherwise objectionable is strictly prohibited.
3. Intellectual Property:
Any content, designs, graphics, or other materials generated by NADmedia Creative Agency during the provision of our services shall remain the intellectual property of NADmedia Creative Agency unless explicitly stated otherwise in a separate agreement. You are granted a non-exclusive, non-transferable license to utilize such materials solely for the purpose for which they were conceived.
4. Payment and Fees:
Payment terms and fees for our services will be explicitly delineated in the agreement or proposal furnished to you. Payments must be rendered according to the agreed-upon schedule. Failure to effect timely payments may lead to the suspension or termination of services.
Both parties mutually commit to maintaining the confidentiality of any proprietary or confidential information exchanged during the course of the engagement. This encompasses but is not restricted to, project particulars, trade secrets, business strategies, and personal data.
6. Disclaimer of Warranty:
While we strive for excellence in our services, we do not provide any warranty that our services will be devoid of errors, interruptions, or defects. Our services are rendered “as is,” without any express or implied warranties.
7. Limitation of Liability:
NADmedia Creative Agency shall not be held liable for any direct, indirect, incidental, special, or consequential damages arising from or related to the use of our services. You agree to indemnify and hold NADmedia Creative Agency harmless from any claims, losses, or liabilities stemming from your utilization of our services.
9. Governing Law:
1. Website Use
1.1 Eligibility: By using the Website, you represent that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
1.2 License: Subject to these Terms, NADmedia grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal and non-commercial purposes.
1.3 Prohibited Activities: You agree not to engage in any of the following activities:
- a) Violating any applicable laws, regulations, or third-party rights.
- b) Attempting to gain unauthorized access to the Website, user accounts, or computer systems.
- c) Disrupting or interfering with the Website’s functionality or security.
- d) Uploading or transmitting any malicious code, viruses, or harmful content.
- e) Collecting or storing personal information of other users without their consent.
- f) Impersonating any person or entity or providing false information.
- Intellectual Property
2.1 Ownership: The Website and its content, including but not limited to text, graphics, logos, trademarks, and software, are the property of NADmedia and protected by intellectual property laws. You agree not to modify, reproduce, distribute, or create derivative works based on the Website or its content without explicit written permission from NADmedia.
2.2 User Content: By submitting any content to the Website, including but not limited to comments, feedback, or suggestions, you grant NADmedia a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.
- Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NADMEDIA DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NADMEDIA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
- Limitation of Liability
IN NO EVENT SHALL NADMEDIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. NADMEDIA’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
You agree to indemnify, defend, and hold NADmedia and its affiliates, directors, officers, employees, and agents harmless from any claims, losses, liabilities, damages, costs, or expenses arising out of or in connection with your use of the Website, violation of these Terms, or infringement of any third-party rights.
- Modifications and Termination
NADmedia reserves the right to modify, suspend, or terminate the Website or these Terms at any time without prior notice. NADmedia may also impose limits on certain features or restrict your access to the Website without liability.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of San Luis Obispo County, California United States. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of San Luis Obispo County, California United States.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
- Entire Agreement
These Terms constitute the entire agreement between you and NADmedia regarding the Website and supersede all prior or contemporaneous communications and proposals, whether oral or written.
If you have any questions or concerns about these Terms, please contact us at firstname.lastname@example.org.
Last updated: July 13th, 2023