1. Services
1.1 Description of Services
We offer web design and development services, including but not limited to website creation, maintenance, graphic design, copywriting, video editing, digital media assets management and distribution, and related consulting services.
1.2 Modifications to Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice at any time. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
2. Use of Services
2.1 Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.
2.2 Account Registration
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account.
2.3 Prohibited Conduct
You agree not to use the Services to:
- Violate any applicable law or regulation.
- Infringe the rights of any third party, including but not limited to intellectual property, privacy, and publicity rights.
- Distribute viruses, malware, or other harmful software.
- Engage in any conduct that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
- Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
3. Intellectual Property
3.1 Ownership
All content, design elements, and materials provided by us, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its licensors and are protected by intellectual property laws.
3.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for personal or internal business purposes, subject to these Terms. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from our Services, except as expressly permitted by these Terms.
4. Payment and Fees
4.1 Pricing
All prices for our Services are as quoted on our website or provided through a custom quote. We reserve the right to change our pricing at any time.
4.2 Payment Terms
Payment for Services must be made in accordance with the terms specified in the applicable invoice, proposal or agreement. Late payments may be subject to interest charges as specified in the invoice or agreement.
5. Confidentiality
You agree to maintain the confidentiality of any non-public information that we disclose to you in connection with the Services. You will not use or disclose such information except as necessary for the performance of the Services or as required by law.
6. Disclaimers and Limitation of Liability
6.1 Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis. We disclaim all warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6.2 Limitation of Liability
To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
8. Governing Law and Dispute Resolution
8.1 Governing Law
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by the ordinances of the city of Pittsburgh, the state laws of Pennsylvania, and federal laws of the United States of America, without regard to its conflict of law principles.
8.2 Dispute Resolution
Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Pittsburgh, Pennsylvania, USA, and the arbitrator's decision shall be enforceable in any court of competent jurisdiction.
9. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. You are advised to review these Terms periodically for any changes. Your continued use of the Services after any modifications to the Terms constitutes your acceptance of the new Terms.
10. Contact Information
If you have any questions about these Terms, please contact us at:
Hidalgo Media Management, LLC Contact Form
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.