Terms of Service
Introduction
Welcome to Privateer Creative (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our website [https://www.privateercreative.com] (the “Site”) and the services we provide (collectively, the “Services”). By accessing or using our Site or Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Site or Services.
Use of the Site
Eligibility
You must be at least 18 years old to use our Site and Services. By using our Site, you represent and warrant that you meet this age requirement.
Account Registration
To access certain features of our Site, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
Services
Service Descriptions
We offer various creative services, including multimedia development, strategy consulting, and educational resources. Detailed descriptions of our services can be found on our Site. We reserve the right to modify or discontinue any service at any time without prior notice.
Service Agreements
Specific terms and conditions may apply to certain services we provide. These terms will be outlined in separate service agreements. In the event of any conflict between these Terms and the terms of a service agreement, the service agreement will prevail.
Payment and Fees
Payment Terms
All fees for our services are due in accordance with the terms outlined in the relevant service agreement. We accept various forms of payment, which will be specified in the service agreement.
Late Payments
If you fail to make any payment when due, we may charge interest on the overdue amount at the rate specified in the service agreement or, if no rate is specified, at the maximum rate permitted by law. We may also suspend or terminate your access to the Services until payment is made in full.
Intellectual Property
Ownership
All content, features, and functionality on our Site, including text, graphics, logos, images, and software, are the exclusive property of Privateer Creative or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Site and Services for your personal, non-commercial use. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as authorized by these Terms or with our prior written consent.
User Content
User Responsibilities
You may be able to submit, upload, publish, or otherwise make available content through our Site (“User Content”). You retain all rights in your User Content, but you grant us a non-exclusive, worldwide, royalty-free license to use, display, distribute, and otherwise disclose to third parties any such User Content for the purpose of providing and promoting the Services.
Prohibited Content
You agree not to submit any User Content that:
- Violates any third-party rights, including intellectual property rights and privacy rights.
- Contains any harmful, offensive, or illegal material.
- Is false, misleading, or deceptive.
We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion.
Termination
Termination by You
You may terminate your account and stop using our Services at any time by deleting your account.
Termination by Us
We may terminate or suspend your account and access to our Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
Limitation of Liability
To the fullest extent permitted by law, Privateer Creative and its affiliates, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
Indemnification
You agree to defend, indemnify, and hold harmless Privateer Creative and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your User Content.
Governing Law
These Terms and any disputes arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of the province of New Brunswick, Canada, without regard to its conflict of law principles.
Dispute Resolution
Informal Resolution
Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at [privateercreative.com/contact]. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, either party may bring a formal proceeding.
Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services will be finally settled by binding arbitration in accordance with the Arbitration Rules of the Canadian Arbitration Association. The arbitration will take place in New Brunswick, Canada, or at another mutually agreed location. The language of the arbitration will be English.
Exceptions
Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights without first engaging in the informal dispute-resolution process described above.
Changes to the Terms
We may update these Terms from time to time at our sole discretion. If we make material changes, we will notify you by email or by posting a notice on our Site before the changes take effect. Your continued use of the Services after the revised Terms have become effective indicates that you have read, understood, and agreed to the current version of the Terms.
Miscellaneous
Entire Agreement
These Terms constitute the entire agreement between you and Privateer Creative regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any or all of our rights under these Terms, in whole or in part, without obtaining your consent or approval.
Contact Us
If you have any questions about these Terms, please contact us - [privateercreative.com/contact]
Effective Date: August 1, 2024
