Terms of Service
Effective Date: May 14, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING, USING, SUBSCRIBING TO, OR PLACING AN ORDER WITH COSMIC PRODUCTIONS LLC OR ANY OF ITS DBAs, SUBSIDIARIES, OR PROPERTIES THAT LINK BACK TO THESE TERMS OF SERVICE.
1. Acceptance of Terms
By accessing, using, subscribing to, or placing an order with Cosmic Productions LLC or any of its DBAs, subsidiaries, or properties that link back to these Terms of Service (collectively, "Cosmic Productions," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use our services.
2. Modifications to Terms
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our services following the posting of any changes constitutes acceptance of those changes. You are responsible for reviewing these Terms periodically for updates.
3. Eligibility
You must be at least 18 years of age to use our services. By accessing or using our services, you represent and warrant that you meet this age requirement.
4. Privacy Policy
Our Privacy Policy [link to Privacy Policy] describes how we collect, use, and disclose information about you. By accessing or using our services, you agree to the collection and use of your information as set forth in the Privacy Policy.
5. Scope of Services
We provide digital marketing and related services, including but not limited to SEO, PPC, content creation, social media management, branding, and consulting. The specific services to be provided will be outlined in your service agreement or order confirmation. We reserve the right to modify, suspend, or discontinue any part of our services at any time.
6. Client Obligations
To ensure the success of your project, you agree to:
Provide all necessary information, brand assets, access credentials, approvals, and feedback in a timely manner.
Review and respond to communications and deliverables within reasonable timeframes.
Ensure the accuracy of all information provided to us.
Comply with all applicable laws and regulations in connection with your use of our services.
7. Use of Services
You may use our services for lawful purposes and in accordance with these Terms. You agree not to:
Violate any applicable law or regulation.
Exploit, harm, or attempt to exploit or harm minors.
Transmit any advertising or promotional material without our consent.
Impersonate Cosmic Productions, our employees, or any other person or entity.
Engage in conduct that restricts or inhibits anyone’s use or enjoyment of our services or may harm us or our users.
8. User Accounts
You may be required to create an account to access certain features. You agree to provide accurate, current, and complete information and to update it as necessary. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account.
9. Payment Terms
Fees: All fees for services will be specified in your service agreement or order confirmation.
Payment Schedule: Payments are due as specified (e.g., upon receipt of invoice, net 30 days). Acceptable payment methods will be communicated to you.
Late Payment: Late payments may incur interest or late fees as specified in your agreement.
Reimbursement of Expenses: You agree to reimburse us for any pre-approved, out-of-pocket expenses incurred during the project.
Refunds: Refunds, if any, will be handled according to our refund policy or as specified in your agreement.
10. Intellectual Property
Ownership: All content, features, and functionality provided by us are owned by Cosmic Productions LLC or our licensors and are protected by intellectual property laws.
Client Content: You retain ownership of any materials you provide to us. By providing such materials, you grant us a license to use them as necessary to perform the services.
Deliverables: Unless otherwise agreed in writing, you receive a non-exclusive, non-transferable license to use the deliverables for your business purposes. We retain the right to use work samples for portfolio and marketing purposes, unless you request otherwise in writing.
Third-Party Tools: If third-party tools or platforms are used, you are responsible for any associated costs unless otherwise agreed.
11. Confidentiality
Both parties agree to maintain the confidentiality of all non-public, proprietary information exchanged during the engagement, including business strategies, marketing plans, client data, and proprietary methodologies. This obligation survives the termination of the agreement for two years. Exceptions include information that is publicly available, already known, or required to be disclosed by law.
12. Service Availability and Disclaimers
We do not guarantee that the services will be available at all times or that access will be uninterrupted.
We strive for accuracy but do not warrant the completeness or usefulness of any information provided.
Any third-party content or links are provided for convenience and are used at your own risk.
13. Limitation of Liability
To the fullest extent permitted by law, Cosmic Productions and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the services.
14. Indemnification
You agree to defend, indemnify, and hold harmless Cosmic Productions and its affiliates from any claims, damages, liabilities, costs, or expenses arising from your violation of these Terms or your use of the services.
15. Termination
We may terminate or suspend your access to the services at any time, with or without cause or notice. Upon termination, your right to use the services will immediately cease. You remain responsible for any outstanding payments.
16. Dispute Resolution
Informal Negotiation: Both parties agree to attempt to resolve disputes through good faith negotiations.
Mediation/Arbitration: If a dispute cannot be resolved informally, it will be submitted to mediation or binding arbitration in Benton County, Washington, before any court action.
Governing Law: These Terms are governed by the laws of Washington State and the United States.
