Effective Date: January 2024
1. Introduction
Welcome to www.EmbarcCreative.co (the “Site”), operated by Embarc Creative Co. LLC (DBA: Embarc Creative Co.) (“we,” “us,” “our”). By accessing or using our Site, you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use the Site.
2. Eligibility
By using the Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
3. Changes to Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes.
4. Use of the Site
You agree to use the Site in compliance with all applicable laws, regulations, and these Terms. You are responsible for all activities that occur under your account. You agree not to:
- Use the Site for any unlawful purpose.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available.
- Upload, post, or otherwise transmit any content that infringes the intellectual property or other rights of any third party.
5. Intellectual Property
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Embarc Creative Co. LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6. User Content
You may be able to post, submit, or otherwise make available content on the Site (“User Content”). By providing User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media.
You represent and warrant that you own or have the necessary rights to use and authorize us to use all User Content, and that such User Content does not violate any third party’s intellectual property rights, privacy rights, or any other rights.
7. Disclaimers and Limitation of Liability
The Site is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Embarc Creative Co. LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
In no event shall Embarc Creative Co. LLC, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Site, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
8. Indemnification
You agree to defend, indemnify, and hold harmless Embarc Creative Co. LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to the Site.
- Your violation of any term of these Terms.
- Your violation of any third party right, including without limitation any intellectual property, privacy, or proprietary right.
- Any claim that your User Content caused damage to a third party.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Little Rock, Arkansas for the resolution of any disputes arising out of or relating to these Terms or the Site.
10. Termination
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease.
11. Entire Agreement
These Terms constitute the entire agreement between you and Embarc Creative Co. LLC regarding the use of the Site and supersede and replace any prior agreements we might have had between us regarding the Site.
12. Contact Us
If you have any questions about these Terms, please contact us at:
Embarc Creative Co. LLC
Email: support@embarccreative.co