Last updated: January 1, 2025
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between One Creative, a Marshall Creatives Company, a limited liability company organized under the laws of the state of Tennessee (“One Creative”), and the Client, whether personally or on behalf of an entity (“Client”), concerning access and use of One Creative’s Website: http://www.onecreative.com (the “Website”) and any other media form, channel, mobile Website, or mobile application related, linked, or otherwise connected thereto. By accessing or using the Website, the Client agrees to be bound by this Agreement. If the Client does not agree, they must immediately discontinue use of the Website.
1. Modification of Terms and Websites
1.1. Modification of Terms
One Creative reserves the right to modify these Terms, including by adding or removing terms, at any time. Such modifications will become effective immediately upon posting on the Website. Continued use of the Website following such posting constitutes acceptance of the modified Terms.
1.2. Changes to the Website
One Creative may change, suspend, or discontinue any aspect, feature, or content of the Website at any time, including but not limited to availability, services offered, or technical requirements.
2. Intellectual Property Rights
The Website, including all content (e.g., text, graphics, images, designs, source code) and trademarks, is the exclusive property of One Creative and is protected under intellectual property laws.
– Clients are granted a limited, non-exclusive, non-transferable license to access and use the Website solely for personal, non-commercial purposes.
– No content from the Website may be copied, republished, or distributed without prior written permission from One Creative.
3. Ownership of Materials
Clients own the copyright to all materials created specifically for them as part of the services provided by One Creative. One Creative retains the right to display the work for promotional purposes unless agreed otherwise in writing.
4. Registration and Account Management
4.1. Account Creation
Clients may create an account on the Website to access certain features or services. By registering, the Client represents that:
– All provided information is accurate, current, and complete.
– They will promptly update their account information to maintain its accuracy.
4.2. Account Responsibility
Clients are responsible for maintaining the confidentiality of their login credentials and for all activities under their account.
4.3. Age Restriction
The Website is intended for use by individuals aged 13 or older. Clients under 18 must have parental or guardian consent.
5. User Content and Conduct
5.1. User Content Guidelines
If the Website allows user-generated content (e.g., comments, feedback, or uploads), the Client agrees not to post content that:
– Violates laws or infringes third-party rights.
– Is false, misleading, defamatory, obscene, or offensive.
– Promotes illegal activities or harmful behavior.
5.2. License to Use User Content
By submitting content, Clients grant One Creative a royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, and display the content for any lawful purpose.
5.3. Monitoring and Removal
One Creative reserves the right to monitor and remove any content it deems inappropriate, without notice.
6. Paid Subscriptions and Project Timelines
6.1. Subscription Guidelines
Clients may subscribe to paid services offered by One Creative. Payment terms and conditions will be provided at the time of subscription.
6.2. Project Timelines
Projects that remain inactive (e.g., no feedback provided) for 14 calendar days may be closed. If a project remains ongoing with no feedback for 30 calendar days, One Creative reserves the right to close the project.
7. Service Availability
One Creative provides services exclusively during business days, Monday through Friday, excluding public holidays. Requests, project work, and communications submitted outside of these business hours will be addressed during the next available business day.
8. Copyright, DMCA, and Intellectual Property Policy
One Creative respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If a Client believes their copyrighted work has been infringed, they may submit a written notice to One Creative at [email protected].
9. Limitation of Liability
The Website and services are provided “as is” without warranties of any kind. One Creative is not liable for:
– Errors, interruptions, or delays in service.
– Indirect, incidental, or consequential damages, including lost profits or data.
10. Indemnification
Clients agree to indemnify and hold harmless One Creative from all claims, liabilities, and expenses arising from:
– Misuse of the Website or services.
– Breach of these Terms.
– Violations of intellectual property rights.
11. Termination
One Creative may terminate or suspend a Client’s access to the Website or services at its sole discretion, particularly for breaches of these Terms. Certain provisions (e.g., intellectual property and indemnification) will survive termination.
12. Subscription Pauses
One Creative reserves the right to pause or suspend subscriptions at its sole discretion for:
– Maintenance or upgrades.
– Suspected misuse of the Website or services.
– Events beyond One Creative’s control (e.g., natural disasters).
During pauses, the Client will not be billed, and services will resume promptly when possible.
13. Governing Law
This Agreement is governed by the laws of Tennessee. Clients consent to the exclusive jurisdiction of the state or federal courts located in Tennessee for disputes arising from this Agreement.
14. Contact Information
For questions or concerns, contact:
Email: [email protected]
