Terms Of Use
Effective Date: January 18th, 2018
Last Updated: April 17th, 2021
Welcome to Flaco Creative! Thanks for choosing Flaco Creative (“Flaco Creative,” “company”, "we," or "us"). These Terms of Service (the “Terms”) and our Privacy Policy by signing up or otherwise using the Flaco Creative service, website, and recommended solutions (“Services”). This page explains the terms by which you may use our online services, website, and software provided on or in connection with the service. By accessing or using the Service, you signify that you have read, understood, and agree to the Terms ("Agreement"), whether or not you are a registered user of our Services.
USING OUR SERVICES
Flaco Creative provides Creative, Digital Marketing, Website, Operational, Photography, and E-Commerce Development services, we currently recommend the use of Notion for workflows. Certain Flaco Creative services are provided to you free-of-charge such as platform and chat support. Other Flaco Creative services require payment before you can access them such as Creative ( Design, Marketing, Website, Photography, Operations etc.).
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt-out of some of those communications.
Our Services display some content that is not Flaco Creative. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws. This Agreement is between you and Flaco Creative only, not with other third parties that you might use on our Services.
You agree to make a commitment to respect everyone on Flaco Creative.
PRIVACY AND COPYRIGHT PROTECTION
Flaco Creative’s Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Flaco Creative’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Flaco Creative respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights. Flaco Creative may in its absolute discretion take actions without prior notification to the provider of that Content. If you believe that any materials you or others access via the Services infringe your copyright or other intellectual property rights (e.g., trademark infringement or right of publicity), please contact use at hello@FlacoCreative.com with enough information to properly identify and locate that content (please attach URL or resource).
CONFIDENTIALITY
Confidential Information. From time to time, either party (the "Disclosing Party") may disclose or make available to the other party (the "Receiving Party") non-public, proprietary, and confidential information of the Disclosing Party (“Confidential Information”). Confidential Information includes any information that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology and marketing information ("Confidential Information"). Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of the Receiving Party's breach of this confidentiality section; (b) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; (c) was in the Receiving Party's possession prior to the Disclosing Party's disclosure hereunder, or (d) was or is independently developed by the Receiving Party without using any of the Disclosing Party Confidential Information.
Protection and Use of Confidential Information. The Receiving Party shall: (a) protect and safeguard the confidentiality of the Disclosing Party's Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; (b) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under these Terms; and (c) not disclose any such Confidential Information to any person or entity, except to the Receiving Party's service providers or financial/legal advisors who need to know the Confidential Information and are bound to confidentiality obligations at least as restrictive as those in these Terms.
Compelled Access or Disclosure. If the Receiving Party is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify the Disclosing Party of such requirements to afford the Disclosing Party the opportunity to seek, at the Disclosing Party's sole cost and expense, a protective order or another remedy.
LINKS TO OTHER SITES AND TO THE FLACO SITE
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Flaco Creative’s control, and Flaco Creative is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
MODIFYING AND TERMINATING SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Flaco Creative may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
PUBLICITY
Unless otherwise specified, Flaco Creative may use Customer’s name, logo and marks (including marks on Customer Properties) to identify Customer as an Flaco Creative customer on Flaco Creative's website, social media, and other marketing materials.
INDEMNITY
You will hold harmless and indemnify Flaco Creative, and its affiliates, officers, directors, employees, contractors, agents, shareholders, predecessors, successors in interest, subsidiaries, licensors, and suppliers from and against any claim, suit or action arising from or related to the use of Flaco Creative or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
WARRANTY AND DISCLAIMER
Flaco Creative shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TERMS OF PURCHASES
Flaco Creative offers paid services that are subscription or per-project basis. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. If you purchase services, You agree to pay Flaco Creative fees. By completing and submitting the credit card or other payment authorization, you are authorizing Flaco Creative to charge the fees to the account you have given them. All purchases made are non-refundable and final. All contracts auto-renew with the same agreement/contract for the next month unless fully canceled with a 30-day notice of cancellation.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CASES, FLACO CREATIVE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
GENERAL TERMS
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. All claims arising out of or relating to these terms or the services or software must be litigated exclusively in the state and federal courts located in the District of Travis County Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms constitute the entire and exclusive agreement between you and Flaco Creative and supersede and replace any other agreements, terms, and conditions. These Terms create no third-party beneficiary rights. Flaco Creative failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms without our written consent, and any such attempt will be null and have no effect. Flaco Creative may freely assign or transfer these Terms without restriction. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
EXPORT CONTROLS
You and your organization acknowledge that the information, Documentation, Software, products, APIs, and Web Services obtained from the Flaco Creative Sites are subject to export controls and economic sanctions laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). By downloading or accessing the information, Documentation, Software, products, APIs, or Web Services, you certify that you and your organization: are not a U.S. denied or sanctioned person or located in or acting for or on behalf of a country or government subject to U.S. embargo or sanctions; will not use the information, Documentation, Software, products, APIs, or Web Services in connection with an end-use prohibited by U.S. law; and are eligible to receive such information, Documentation, Software, products, APIs, and Web Services under U.S. export controls and economic sanctions laws and regulations. You further agree that you and your organization will not export, re-export, transfer, retransfer, sell, supply, or allow access to or use of the information, Documentation, Software, products, APIs, and Web Services (including to, in, by, or for a denied, sanctioned, embargoed, or prohibited country, person, or end-use under U.S. law) without a license or other authorization from the U.S. Government, and assume sole responsibility for obtaining any necessary license or other authorization. Diversion contrary to U.S. law is prohibited.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Flaco Creative Sites, you will not use the information, Documentation, Software, products, APIs, and Web Services obtained from the Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the information, Documentation, Software, products, APIs, and Web Services in any manner that could damage, disable, overburden, or impair any Flaco Creative server, or the network(s) connected to any Flaco Creative server, or interfere with any other party's use and enjoyment of any information, Documentation, Software, products, APIs, and Web Services available from the Web Sites. You may not attempt to gain unauthorized access to any information, Documentation, Software, products, APIs, and Web Services obtained from the Web Sites, other accounts, computer systems or networks connected to any Flaco Creative server or to any of the Websites, information, Documentation, Software, products, APIs, and Web Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites.
FEEDBACK AND CONTACT INFORMATION
Any feedback you provide at this site shall be deemed to be non-confidential. Flaco Creative shall be free to use such information on an unrestricted basis. If you have any questions about these Terms, please contact us at hello@FlacoCreativecreative.com