Terms of Website Use
These Terms of Use (the "Terms") govern your access to and use of the website located at 360creativesomaha.com (the "Site"), which is owned and operated by 360 Creatives,LLC(the "Company," "we," "us," or "our"), a creative services business based in Omaha, Nebraska.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE. By accessing, browsing, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and all terms, policies, and guidelines incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately cease use of the Site.
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By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age. If you are under eighteen (18) years of age, you may access or use the Site only with the express consent, supervision, and involvement of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
Your continued access to or use of the Site following the posting of any changes to these Terms constitutes your binding acceptance of such changes. The Company reserves the right, in its sole discretion, to amend, revise, update, or replace these Terms at any time and for any reason. Notice of material changes may be provided by posting the revised Terms on the Site, updating the effective date set forth herein, or by other reasonable means as determined by the Company. You are responsible for checking the Site periodically for updates.
If you access or use the Site on behalf of an organization, entity, or other third party, you represent and warrant that you have the authority to bind such party to these Terms, and the term "you" shall be deemed to refer to both you individually and such party.
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2.1 Ownership of Site Content
All content made available on or through the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, design elements, and the overall appearance and arrangement of such content (collectively, the "Content"), is owned by or licensed to 360 Creative Omaha and is protected by United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws and international treaties. All rights not expressly granted herein are reserved by the Company.
2.2 Limited License to Users
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Content solely for your personal, non-commercial informational purposes. This license does not include any right to:
Reproduce, copy, duplicate, publish, distribute, or transmit any portion of the Content;
Modify, translate, adapt, or create derivative works based upon the Content;
Publicly display, publicly perform, or otherwise exploit the Content for any commercial purpose;
Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices embedded in or affixed to the Content;
Use any Content in connection with any other website, application, or media without the Company's prior written consent.
Any use of the Content not expressly permitted by these Terms is strictly prohibited and may violate copyright, trademark, and other applicable laws, potentially resulting in civil and/or criminal penalties.
2.3 User-Submitted Content
To the extent you submit, post, transmit, or otherwise make available any content, data, materials, feedback, suggestions, or other information to or through the Site (collectively, "User Content"), you hereby grant the Company a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, non-exclusive license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or hereafter developed, without compensation or attribution to you.
You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to submit the User Content and to grant the foregoing license to the Company, and that such User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
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We combine a thoughtful, human-centered approach with clear communication and reliable results. It’s not just what we do—it’s how we do it that sets us apart.
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You can reach us anytime via our contact page or email. We aim to respond quickly—usually within one business day.
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The collection, use, storage, and disclosure of personal information submitted to or collected through the Site is governed by the Company's Privacy Policy, which is incorporated herein by reference and made a part of these Terms. The Privacy Policy describes how the Company collects, processes, and protects your personal information, and your rights with respect thereto.
You are strongly encouraged to review the Privacy Policy, available at 360creativesomaha.com/privacy, prior to using the Site. By accessing or using the Site, you acknowledge that you have read the Privacy Policy and consent to the data collection and processing practices described therein. If you do not agree to the Privacy Policy, you must discontinue use of the Site immediately.
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THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by applicable law, the Company expressly disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to:
Any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement;
Any warranty that the Site will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or that the results obtained from the use of the Site will be accurate or reliable;
Any warranty that the Site or the servers that make it available are free of viruses, malware, harmful components, or other technically injurious elements;
Any warranty regarding the accuracy, completeness, reliability, currency, or suitability of any Content or information available on or through the Site.
The Company makes no representations or warranties that information available on the Site is current, accurate, or up to date. Users are solely responsible for independently verifying any information obtained through the Site before relying upon it for any purpose, including but not limited to business, financial, legal, or personal decisions.
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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 360 CREATIVE OMAHA, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH:
Your access to, use of, or inability to access or use the Site or any Content;
Any unauthorized access to or alteration of your transmissions or data;
Any loss of profits, revenue, business, goodwill, data, or other intangible losses;
Any conduct or content of any third party on or through the Site;
Any reliance placed on information obtained through the Site;
Any other matter arising from or relating to the Site or these Terms;
even if the Company has been advised of the possibility of such damages.
Notwithstanding the foregoing, the Company's total aggregate liability to you for all claims arising out of or relating to the use of or inability to use the Site or otherwise under these Terms, whether in contract, tort, or otherwise, is limited to the greater of (a) the amount you paid, if any, to access the Site during the twelve (12) months immediately preceding the claim, or (b) ONE HUNDRED DOLLARS (USD $100.00).
Some jurisdictions do not permit the exclusion or limitation of liability for certain types of damages. Accordingly, some or all of the above limitations may not apply to you to the extent prohibited by applicable law. In such jurisdictions, the Company's liability shall be limited to the maximum extent permitted by law.
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The Site may contain hyperlinks, references, or pointers to websites, platforms, applications, or other online resources owned or operated by third parties (collectively, "Third-Party Sites"). Such links are provided solely for your convenience and informational purposes. The Company does not own, control, endorse, sponsor, recommend, or assume any responsibility for the content, accuracy, privacy practices, security, or availability of any Third-Party Site.
The inclusion of any link to a Third-Party Site on the Site does not imply the Company's endorsement or affiliation with such third party. You acknowledge and agree that:
The Company has no control over the content, policies, or practices of Third-Party Sites;
Your use of any Third-Party Site is governed solely by the terms, conditions, and privacy policies of that site;
The Company shall not be responsible or liable, directly or indirectly, for any damage, loss, or injury caused or alleged to be caused by or in connection with your access to or use of any Third-Party Site or any content, goods, or services available on or through such sites.
You access Third-Party Sites entirely at your own risk. The Company encourages you to review the terms and privacy policies of any Third-Party Site you visit.
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9.1 Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Site (collectively, "Disputes"), shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law principles or provisions that would cause the application of the laws of any other jurisdiction.
9.2 Jurisdiction and Venue
Any Dispute that is not resolved through mutual agreement shall be subject to the exclusive personal jurisdiction of the state courts located in Douglas County, Nebraska, and the United States District Court for the District of Nebraska, as applicable. You hereby irrevocably consent to personal jurisdiction in such courts and irrevocably waive any objection you may now or hereafter have to the laying of venue of any such Dispute in such courts, including any claim that such Dispute has been brought in an inconvenient forum.
9.3 Waiver of Jury Trial
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE.
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The Company reserves the right, in its sole and absolute discretion, to terminate, suspend, restrict, or disable your access to or use of the Site, or any portion thereof, at any time and without prior notice or liability, for any reason or no reason, including but not limited to conduct that the Company determines, in its sole judgment:
Violates or is inconsistent with these Terms or any applicable law or regulation;
Is harmful, offensive, or objectionable to other users, the Company, or any third party;
Creates or could create legal liability for the Company;
Reflects negatively on the Company's goodwill, name, or reputation.
Upon any termination of your access to or use of the Site, your right to access the Site will immediately cease. The following provisions of these Terms shall survive termination and remain in full force and effect: Section 2 (Intellectual Property), Section 6 (Disclaimers), Section 7 (Limitation of Liability), Section 9 (Governing Law and Dispute Resolution), and any other provisions that by their nature are intended to survive termination.
Termination of your access to the Site shall not limit any other rights or remedies available to the Company at law or in equity.
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If you have any questions, concerns, or inquiries regarding these Terms of Use or the practices of the Site, please contact the Company using the information provided below. The Company will make reasonable efforts to respond to all inquiries in a timely manner.
360 Creative Omaha
Omaha, Nebraska, United States
Website: 360creativesomaha.com
Email: [email protected]
Please include "Terms of Use Inquiry" in the subject line of any written correspondence to ensure prompt handling of your communication.