Terms and Conditions

Welcome to Crimson Quill Creative! These terms and conditions outline the rules and regulations for the use of Crimson Quill Creative's services and website. By accessing this website and/or engaging our services, you accept these terms and conditions in full. Do not continue to use Crimson Quill Creative's website or services if you do not accept all of the terms and conditions stated on this page.

1. Usage Terms

1.1. Acceptance of Terms

These Terms and Conditions (the "Terms") constitute a legally binding agreement between you ("Client," "User," or "you") and Crimson Quill Creative ("Company," "we," "us," or "our"), a visual storytelling studio located in Austin, Texas. By accessing or using our website, located at www.crimsonquillcreative.com (the "Website"), or engaging our services, including photography, videography, and graphic design (the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use our Website or Services.

1.2. Eligibility

You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are using our Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1.3. Account Registration

To access certain features of our Website or Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself as prompted by the registration form and to maintain and promptly update your registration data to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

1.4. Permitted Use

You agree to use our Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use our Website or Services:

2. Liability

2.1. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Crimson Quill Creative, its affiliates, directors, officers, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Website or Services; (b) any conduct or content of any third party on the Website or Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) unauthorized access, use, or alteration of your transmissions or content, 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, and even if a remedy set forth herein is found to have failed of its essential purpose.

2.2. Disclaimer of Warranties

The Website and Services are provided on an "as is" and "as available" basis. Crimson Quill Creative makes no warranties, expressed or implied, regarding the Website or Services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website or Services will be uninterrupted, secure, or free of errors or viruses. Your use of the Website and Services is at your sole risk.

2.3. Indemnification

You agree to defend, indemnify, and hold harmless Crimson Quill Creative, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, your user contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

3. Copyright

3.1. Ownership

All content included on the Crimson Quill Creative Website, such as text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of Crimson Quill Creative or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Crimson Quill Creative and protected by U.S. copyright laws.

3.2. Usage Rights

Upon full payment for Services rendered, Crimson Quill Creative grants you a non-exclusive, perpetual license to use the final deliverables (photographs, videos, graphic designs) for their intended purpose, as defined in the project agreement. This license does not include the right to resell, redistribute, or sublicense the deliverables to third parties without express written consent from Crimson Quill Creative.

3.3. Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please notify us at [email protected] and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

4. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Austin, Texas to resolve any dispute arising out of these Terms or your use of the Website or Services.

5. Changes to Terms

Crimson Quill Creative reserves the right to modify or revise these Terms at any time, at our sole discretion. We will notify you of any changes by posting the new Terms on this page. Your continued use of the Website or Services after the effective date of any changes to these Terms constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes.

6. Contact Information

If you have any questions about these Terms, please contact us at:

Crimson Quill Creative
2323 South Lamar Blvd
Austin, TX 78704
Phone: (512) 555-1212
Email: [email protected]

7. Miscellaneous

7.1. Entire Agreement

These Terms constitute the entire agreement between you and Crimson Quill Creative relating to your use of the Website and Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Crimson Quill Creative with respect to the Website and Services.

7.2. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

7.3. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by Crimson Quill Creative. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

7.4. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Crimson Quill Creative's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Crimson Quill Creative may assign or transfer these Terms, at its sole discretion, without restriction.

7.5. Force Majeure

Crimson Quill Creative shall not be liable for any failure to perform its obligations under these Terms due to causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

Last updated: November 7, 2024