TERMS OF USE

Welcome to Tracia Creative, LLC. These terms and conditions govern your use of the website and all of its features, applications, services, and content, including without limitation all content, designs, graphics, text, images, software, and other files made available by us. By using this website, you agree to be bound by these terms of use. If you do not agree to these terms, you may not use this website.

1. Acceptance of Terms

By accessing or using our website, you agree to be bound by these terms and conditions, including the Privacy Policy and any additional terms and conditions and policies that may apply to specific sections or features of the website. These terms and conditions apply to all users of the website, including but not limited to designers, clients, and visitors.

2. Access to the Website

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you. You acknowledge and agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the website or any service to which it connects.

We may change these terms of use from time to time, so please review them regularly. Your continued use of the website after any such changes constitutes your acceptance of the new terms.

3. Intellectual Property Rights

All content, graphics, logos, designs, icons, images, audio clips, software, text, trademarks, service marks, and other materials on our website are the property of Tracia Creative, LLC or its content suppliers and are protected by United States and international copyright, trademark, and other intellectual property laws. You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell, or otherwise exploit any content or materials obtained from or through the website, without our prior written consent.

4. User-Generated Content

We may allow users to post, upload, submit, or otherwise make available user-generated content such as comments, reviews, ratings, and other content (“User Content”) on the website. By submitting User Content, you represent and warrant that you have the right to do so and that your User Content does not infringe or violate any third-party rights, including but not limited to copyright, trademark, privacy, or publicity rights.

You agree that we may use, modify, reproduce, distribute, display, and publish your User Content in any media and for any purpose without compensation to you, and you waive any moral rights you may have in your User Content. You also agree that we may remove or delete any User Content at any time, without notice and without liability to you.

5. Use of Services

The website may offer certain services to users, such as design services, project management tools, and other features (“Services”). The Services may be subject to additional terms and conditions, which will be provided to you when you use the Services.

6. User Conduct

You agree to use the website only for lawful purposes and in accordance with these terms of use. You agree not to:

Use the website in any way that violates any applicable federal, state, local, or international law or regulation

Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm Tracia Creative, LLC, or users of the website or expose them to liability

Use the website to impersonate or attempt to impersonate Tracia Creative, LLC, or any other person or entity

Use the website to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation use of the website

7. Account Registration

To access certain features of the website or use certain Services, you may be required to create an account and provide certain information, such as your name, email address, and password. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to ensure that it remains accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account and password and restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password.

8. Payment and Fees

The website may offer certain Services that require payment of fees. You agree to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to all applicable taxes, using one of the payment methods available on the website. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us or by withholding access to the Services.

9. Disclaimer of Warranties

The website and all content, materials, information, products, and services provided on or through the website are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from viruses or other harmful code. You use the website at your own risk, and you assume all responsibility for any losses or damages resulting from your use of the website.

10. Limitation of Liability

In no event shall Tracia Creative, LLC, its affiliates, or their respective directors, officers, employees, agents, or licensors be liable for any indirect, incidental, special, punitive, or consequential damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or in connection with the use or inability to use the website, the Services or the content, even if advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend and hold harmless Tracia Creative, LLC, its affiliates, and their respective directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) arising from your use of the website, your User Content or your violation of these terms of use.

12. Governing Law and Dispute Resolution

These terms of use and any dispute arising out of or related to them or the website shall be governed by and construed in accordance with the laws of the state of Wyoming, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or related to these terms of use or the website shall be brought exclusively in a federal or state court located in Wyoming, and you consent to the jurisdiction of such courts.

13. Termination

We may terminate your access to the website or any Services at any time, for any reason, without notice or liability to you. Upon termination, these terms of use shall survive and continue to apply to your use of the website prior to termination.

14. Entire Agreement

These terms of use, together with the Privacy Policy and any additional terms and conditions and policies that may apply to specific sections or features of the website, constitute the entire agreement between you and Tracia Creative, LLC with respect to your use of the website and the Services, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Tracia Creative, LLC.

Contact Us

If you have any questions or comments about these terms of use or the website, please contact us at hello@traciacreative.com.

Updated: April 12, 2023