Terms & Conditions

1. Website Use:

1.1. Eligibility: “In order to use our website and/or receive our services, you need to be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any applicable law or regulation applicable to you.

 

1.2. Account Registration: Certain features of our website may require you to register an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

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1.3. Accuracy of Information: You are responsible for providing accurate and up-to-date information when using our website and services. Any inaccurate or outdated information provided may result in the termination or restriction of your access to our services.

 

2. Intellectual Property:

2.1. Ownership: The content on our website, including text, graphics, logos, images, and software, is protected by intellectual property rights owned by the Company or our licensors. You may not use, reproduce, distribute, modify, or create derivative works based on any part of our website or its content without our prior written consent.

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2.2. Trademarks: All trademarks, service marks, logos, and trade names displayed on our website are the property of the Company or their respective owners. You may not use any of these trademarks without our prior written permission.

 

3. Services:

3.1. Description: We provide digital marketing services through the Wix.com platform. The specifics of the services, including pricing and scope, will be outlined in separate agreements or proposals between the Company and the client.

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3.2. Third-Party Tools and Services: We may use third-party tools, plugins, or services to enhance our website and services. The use of such tools or services may be subject to additional terms and conditions imposed by the respective third parties.

 

3.3. Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of our services, including the website, at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services.

 

4. Privacy:

4.1. Privacy Policy: We are committed to protecting your privacy. Our privacy practices are outlined in our Privacy Policy, which can be found on our website. By using our website and services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

 

5. Limitation of Liability:

5.1. No Warranty: Our website and services are provided on an "as is" and "as available" basis, without any warranties, whether expressed or implied. We do not warrant that our website or services will be uninterrupted, error-free, or secure.

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5.2. Limitation of Liability: To the maximum extent permitted by applicable law, the Company and its directors, officers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website or services.

 

5.3. Indemnification: You agree to indemnify and hold harmless the Company and its directors, officers, employees, agents, and affiliates from any claims, damages, liabilities, or expenses arising out of your use of our website or services or any violation of these Terms.

 

6. Governing Law and Dispute Resolution:

6.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of North Carolina. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of North Carolina.

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6.2. Dispute Resolution: Any dispute arising between you and the Company shall be resolved through good faith negotiations. If the dispute cannot be resolved amicably, it shall be referred to mediation or arbitration in accordance with the rules and procedures of [Arbitration/Mediation Organization], as mutually agreed upon by the parties.

 

7. General Provisions:

7.1. Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your use of our website and services and supersede any prior or contemporaneous agreements, communications, or understandings.

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7.2. Severability: If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

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7.3. Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

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7.4. Modifications: We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our website or services after any modifications will signify your acceptance of the modified Terms.

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Mobile Terms of Service

Last updated: Sept. 24, 2023

The The OG Creative mobile message service (the "Service") is operated by The OG Creative (“The OG Creative”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

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By consenting to The OG Creative’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of The OG Creative through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

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You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with The OG Creative. Your participation in this program is completely voluntary.

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We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

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You may opt-out of the Service at any time. Text the single keyword command STOP to +18883851787 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other The OG Creative mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.

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For Service support or assistance, email help@theogcreative.com.

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We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

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To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

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We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

 

If you have any questions or concerns regarding these Terms, please contact us at info@theogcreative.com.

 

By using our website and services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.