WEBSITE TERMS OF USE

These Website Terms of Use (“Terms”) govern your access to and use of creativestatex.com and other webpages operated by Creative State Marketing LLC that link to these Terms (collectively, the “Website”). By accessing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.

1. About the Website

The Website provides general information about Creative State Marketing LLC (“Creative State,” “we,” “us,” or “our”), including our experiential marketing, strategy, creative, production, staffing, and related services. Website content is provided for general informational and business-evaluation purposes only.

Nothing on the Website is an offer, commitment, guarantee, or agreement to provide services. A business engagement arises only under a separate written agreement accepted by Creative State and the applicable client. If these Terms conflict with a signed master services agreement, statement of work, proposal, or other written client agreement, that written client agreement controls for the engagement. These Terms do not amend any such agreement.

2. Eligibility and Authority

You may use the Website only if you can form a binding contract under applicable law. If you use the Website on behalf of a company or other organization, you represent that you are authorized to act on its behalf with respect to your Website use and submissions.

3. Intellectual Property

The Website and its selection, arrangement, design, text, graphics, logos, photographs, videos, audio, software, and other content are owned by Creative State, licensed to Creative State, or used with permission, and are protected by copyright, trademark, and other intellectual-property laws. Client names, logos, campaigns, portfolio materials, and other third-party content remain the property of their respective owners. Their appearance on the Website does not grant you any right to use them or imply an endorsement beyond the context in which they appear.

Subject to these Terms, Creative State grants you a limited, non-exclusive, non-transferable, revocable right to access and view the Website for lawful personal use or internal business evaluation. No other right or license is granted by implication, estoppel, or otherwise.

4. Prohibited Uses

You may not, directly or indirectly:

• Copy, reproduce, republish, distribute, display, modify, create derivative works from, sell, license, or commercially exploit Website content without Creative State’s prior written permission.

• Use bots, scrapers, crawlers, or other automated means to access, extract, index, monitor, or copy Website content, except for customary search-engine indexing that complies with our technical instructions.

• Circumvent security features, attempt unauthorized access, probe or test vulnerabilities, or interfere with the Website, its servers, or another user’s use.

• Upload or transmit malware, harmful code, spam, deceptive content, or material that violates law or another person’s rights.

• Use the Website or its content in a manner that is unlawful, fraudulent, misleading, defamatory, harassing, or harmful to Creative State or any third party.

• Misrepresent your identity, affiliation, authority, or the source of a communication.

5. Inquiries and Other Submissions

You may submit business inquiries and other information through the Website. You represent that information you submit is accurate, lawful, and does not infringe or violate any third-party right. Do not submit trade secrets, highly sensitive personal information, or other confidential material through a general Website form. Submitting an inquiry does not create a confidential, fiduciary, agency, or client relationship and does not obligate Creative State to respond or accept an engagement.

You grant Creative State permission to use information you submit as reasonably necessary to evaluate and respond to your inquiry, communicate with you, protect the Website, and conduct related business operations, subject to our Privacy Policy and applicable law.

6. Privacy

Our collection and use of personal information through the Website are described in the Creative State Privacy Policy. The Privacy Policy is incorporated into these Terms by reference solely with respect to Website privacy practices.

7. Third-Party Websites and Services

The Website may link to third-party websites, social-media platforms, tools, or services. Links are provided for convenience and do not necessarily constitute endorsement. Creative State does not control and is not responsible for third-party content, products, availability, security, terms, or privacy practices. Your use of a third-party service is governed by that third party’s terms and policies.

8. Website Availability and Changes

We may modify, suspend, restrict, or discontinue any part of the Website at any time. We do not promise that Website content will always be available, complete, current, or free from errors. We may correct errors or update content without notice.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CREATIVE STATE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AND AVAILABILITY. CREATIVE STATE DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Website descriptions, photographs, case studies, results, testimonials, and examples are illustrative and do not guarantee that similar services, personnel, pricing, availability, or results will be available in another engagement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE STATE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA, ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CREATIVE STATE AND THE OTHER RELEASED PARTIES FOR ALL CLAIMS ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OR THEORY OF LIABILITY. Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you. Nothing in these Terms excludes liability that cannot lawfully be excluded.

11. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Creative State and its affiliates, officers, directors, employees, contractors, and agents from third-party claims, damages, liabilities, judgments, losses, costs, and reasonable attorneys’ fees arising from your unlawful misuse of the Website, material you submit, or material violation of these Terms. Creative State may assume control of the defense of a matter subject to indemnification, and you will reasonably cooperate. You may not settle a claim in a manner that admits fault by or imposes obligations on Creative State without Creative State’s written consent.

12. Governing Law and Venue

Florida law governs these Terms and your use of the Website, without regard to conflict-of-law principles. Any legal action arising from or relating to the Website or these Terms must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and each party consents to their jurisdiction. Nothing in this section prevents Creative State from seeking temporary, preliminary, or injunctive relief in another court of competent jurisdiction to protect its intellectual property, confidential information, systems, or security.

13. Changes to These Terms

We may update these Terms from time to time by posting a revised version and changing the Effective Date. Changes apply prospectively beginning when posted unless applicable law requires additional notice. Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms.

14. General

These Terms and the Privacy Policy constitute the entire agreement between you and Creative State concerning your use of the Website, but do not replace or modify any separate written client or vendor agreement. If a provision of these Terms is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. Creative State’s failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without Creative State’s prior written consent. Creative State may assign these Terms to an affiliate or in connection with a merger, financing, reorganization, or sale of its business or assets. Headings are for convenience only.

15. Contact Us

Creative State Marketing LLC
2780 NW 122nd Street
Miami, Florida 33167
Email: hello@creativestatex.com
Phone: 305.504.8877