Terms and Conditions for PenCal Creative Marketing

Welcome to PenCal Creative Marketing!

These Terms and Conditions outline the rules and regulations for using PenCal Creative Marketing’s Website, located at https://pencalcreative.com. By accessing or using our website and services, you agree to comply with these Terms and Conditions. If you do not agree to all of the terms and conditions, please do not use our website or services.

1. Definitions

In these Terms and Conditions, the following terminology applies:

  • “Client,” “You,” and “Your” refer to you, the person using this website and accepting these Terms and Conditions.

  • “The Company,” “Ourselves,” “We,” “Our,” and “Us” refer to PenCal Creative Marketing.

  • “Party,” “Parties,” or “Us” refer to both the Client and ourselves.

2. Consent to Text Message and Communication

By using our services, you consent to receive text messages and other forms of communication from us. These messages may include updates about our services, promotional offers, and important information.

You may opt out of receiving these communications at any time by following the instructions in the text messages or contacting us at amanda@pencalcreative.com.

3. Services and Payment Terms

You agree to pay for all services provided by PenCal Creative Marketing. Payment is due as specified in the service agreement or invoice.

  • Payment Methods: We accept [list payment methods, e.g., credit/debit cards, bank transfers].

  • Late Payments: Late payments may incur a [X]% late fee.

  • No Guarantees: We do not guarantee specific results from our services. All services are provided on a best-effort basis.

4. Termination of Services

You are obligated to fulfill the terms of your service agreement. If you wish to terminate the agreement, you must provide a [30]-day written notice, and the termination will only be effective if we agree to it.

Termination Conditions:

  • Early Termination: You must fulfill the agreed-upon term unless we mutually agree to terminate the agreement.

  • Notice Requirement: You must provide a [30]-day written notice for termination, subject to our approval.

5. Intellectual Property Rights

Unless otherwise stated, PenCal Creative Marketing and/or its licensors own the intellectual property rights for all material on PenCalCreative.com. All rights are reserved.

You may access the content for personal use under the following restrictions:

  • Do not republish, sell, rent, or sub-license material.

  • Do not reproduce, duplicate, or copy material.

  • Do not redistribute content.

6. TRADEMARKS

The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of PenCal Creative Marketing and its licensors. You agree that, except as expressly permitted by us (e.g., through social media sharing tools provided on the Site) or by our licensors, where applicable, you will not refer to or attribute any information to PenCal Creative Marketing or its licensors in any public medium (e.g., press release, websites, or public social media) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, PenCal Creative Marketing or its licensors.

7. User-Generated Content

Our website may allow users to post comments and information. We do not filter or review comments before they appear.

Your Responsibilities:

  • You must have the rights to post your comments.

  • Your comments must not infringe on intellectual property rights or contain unlawful material.

  • Comments should not solicit business or promote unlawful activities.

License: By posting comments, you grant PenCal Creative Marketing a non-exclusive license to use, reproduce, and edit your comments.

You acknowledge and agree that PenCal Creative Marketing shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, forums or message boards, questionnaires, survey responses, and otherwise, and you acknowledge and agree that, by providing us any such submission, you automatically grant, and hereby do grant, to us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such submission for any purpose, and in any form or media, not prohibited by applicable law. In addition, you hereby waive any claims against PenCal Creative Marketing for any alleged or actual infringements of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with PenCal Creative Marketing’s use and publication of such submissions.

You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; (f) constitute or contain false or misleading statements; or (g) violates these Terms.

PenCal CreativeMarketing does not represent or endorse the accuracy of reliability of information posted to the Site by users. In addition, PenCal Creative Marketing does not and cannot review all information posted to the Site by users and is not responsible for such information. However, PenCal Creative Marketing reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

8. Hyperlinking to Our Content

Organizations that may link to our website without prior approval:

  • Government agencies

  • Search engines

  • News organizations

  • Online directory distributors

    PenCal Creative Marketing hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access and download, display, and print one copy of the Site Content on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site Content, and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site Content without PenCal Creative Marketing’s prior written consent. In addition, you may not “mirror” the Site Content or any portion thereof without PenCal Creative Marketing’s express written consent. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.

Linking Guidelines:

  • Links must not be deceptive.

  • Links must not falsely imply sponsorship or endorsement.

  • Links must fit within the context of the linking party’s site.

Requests for Other Links: We may consider link requests from other organizations. Approved links may use our corporate name or URL but cannot use our logo without permission.

9.Suspension of Service.

Company has the right to immediately suspend the Service (a) in order to prevent damage to or degradation of the Service or unauthorized or non-compliant use or (b) for operational reasons such as repair, maintenance, or improvement or because of any emergency, or (c) if, following notice from Company, Customer has failed to pay any amounts due and owing. In the case of (a) or (b) Company will give Customer prior notice if reasonable and will ensure that the Service is restored as soon as possible after the event given rise to suspension has been resolved to Company’s reasonable satisfaction.

Termination Fee. During any Order Form’s term, if Customer is past due on Fees owed to Company by more than 90 days or if Company terminates the Agreement due to an un-cured Customer Breach, the recurring Fees owed under that Order Form multiplied by the number of months remaining in the then current term will become immediately due and payable. The parties further agree that this termination fee does not constitute a penalty and that this termination fee is a reasonable estimate in light of the anticipated harm caused by early termination of this Agreement.

10. Your Privacy

Please read our Privacy Policy for information on how we handle your personal data.

11. Disclaimer

PenCal Creative Marketing does not guarantee that our services will be error-free or uninterrupted, nor do we promise to correct all errors or that our services will meet your requirements or expectations. We are not responsible for any issues related to the performance, operations, or security of the service that arise from customer content or third-party applications or services provided by third parties.

To the fullest extent permitted by applicable law, PenCal Creative Marketing expressly disclaims all other warranties, whether express, implied, statutory, or otherwise, related to the subject matter of this agreement. This includes, but is not limited to, any warranties of merchantability, title, or fitness for a particular purpose. We do not guarantee results from our services.

Limitation of Liability

We do not guarantee the accuracy or completeness of the information on our website.

  • We are not liable for any loss or damage resulting from the use of our website.

  • We do not limit or exclude liability for personal injury or fraud.

This disclaimer applies to all liabilities arising from your use of our website, including those arising in contract, tort, or breach of statutory duty. You hereby indemnify, defend, and hold harmless PenCal Creative Marketing and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by PenCal Creative Marketing or their Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties, and covenants you made, if any, by agreeing to these Terms. PenCal Creative Marketing reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Oklahoma.Any disputes will be subject to the exclusive jurisdiction of the courts in that jurisdiction.

13. Changes to Terms and Conditions

We may update these Terms and Conditions periodically. Changes will be posted on this page, and continued use of the website signifies acceptance of the updated terms.

14. Contact Us

For any questions or concerns about these Terms and Conditions, please contact us at amanda@pencalcreative.com or use the contact form on our website.