Our Agreement With You

Just as we craft the perfect message for your business, we've thoughtfully created these Terms and Conditions below with clarity and care. They outline our shared responsibilities and expectations.

By using our site or services, you're agreeing to these terms. We may update them occasionally (we're always improving!), so check back now and then to stay in the loop.

TERMS AND CONDITIONS

Last updated March 18, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Carrie Minns, LLC, doing business as Minns Creative ("Company," "we," "us," "our"), a company registered in Oregon, United States.

We operate the website http://www.minnscreative.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services and Products"). You can contact us by email at hello@minnscreative.com.

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Carrie Minns, LLC, concerning your access to and use of the Services and Products. By accessing or purchasing from our Services and Products, you agree that you have read, understood, and are bound by these Legal Terms. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES OR PURCHASING PRODUCTS AND MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted from time to time are hereby incorporated by reference. We reserve the right, at our sole discretion, to modify these Legal Terms at any time for any reason. We will notify you of any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Continued use of the Services and Products after any such revisions constitutes your acknowledgment and acceptance of the changes.

The Services and Products are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services and Products.

1. SERVICE AGREEMENT REFERENCE

References to a 'service agreement' throughout these Legal Terms refer to the specific project or retainer agreement executed between you (the client) and us prior to beginning work. The service agreement details project scope, deliverables, timelines, fees, and other specific terms related to our professional engagement. These Legal Terms are incorporated by reference into all service agreements unless explicitly stated otherwise in writing. In the event of any conflict between these Legal Terms and a service agreement, the terms of the service agreement shall prevail with respect to that specific project or engagement.

2. OUR SERVICES AND PRODUCTS

The information provided through the Services and Products is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement within such jurisdiction or country. Accordingly, those who choose to access the Services and Products from other locations do so on their own initiative and are responsible for compliance with local laws, if applicable.

3. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property

We own or license all intellectual property rights in our Services and Products, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States and worldwide. The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purpose only.

To be clear, we own our website page layout and design, overall look and appearance, individual graphics, icons, videos, images, written material, logos, taglines, and trademarks (common law or federally registered). You are not allowed to reproduce any part of our Services and Products without our express prior written permission.

Your Use of Our Services and Products

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section, we grant you a limited, non-exclusive, non-transferable, revocable license to:

Access the Services and Products; and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and Products, including Content or Marks, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

If you wish to make any use of the Services and Products, Content, or Marks beyond the scope of this license, please address your request to: hello@minnscreative.com.

If we grant you permission to post, reproduce, or publicly display any part of our Services and Products or Content, you must identify us as the owner or licensor and ensure that any copyright or proprietary notice is visible on the posting, reproduction, or display.

We reserve all rights not expressly granted to you in and to the Services and Products, Content, and Marks.

Any breach of these Intellectual Property Rights constitutes a material breach of our Legal Terms, and your right to use our Services and Products will terminate immediately.

Your Submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully before using our Services and Products to understand the (a) rights you grant us and (b) obligations you have when you post or upload any content.

Submissions:

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services and Products ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Your Responsibility:

By sending us Submissions through any part of the Services and Products, you:

Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services and Products any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading;

To the extent permissible by applicable law, waive any and all moral rights to any such Submission;

Warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and have full authority to grant us the above-mentioned rights in relation to your Submissions; and

Warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses we may suffer due to your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

4. OWNERSHIP AND USE OF DELIVERABLES

Definition of Deliverables: Deliverables include all marketing and branding copy, designs, digital files, and other creative content produced by us for clients under the terms of our service agreement.

Ownership Rights: Upon full payment for our services, the ownership of the deliverables is transferred to the client. However, we reserve the right to use any non-confidential deliverables for promotional purposes, including portfolios, case studies, and marketing materials, unless specifically agreed otherwise.

Client Responsibilities: Clients are responsible for reviewing all deliverables for accuracy, completeness, and compliance with industry regulations and their own business requirements before use. Any revisions requested after final approval may be subject to additional charges.

Usage Rights: Clients receive an exclusive license to use the delivered marketing and branding materials for their specified business purposes. However, all underlying intellectual property in the form of concepts, techniques, and know-how remains with us, and we may reuse these for other clients unless they are proprietary to the client or agreed upon as exclusive in the service agreement.

Retention and Deletion: We retain copies of deliverables for a period of up to five years to handle reorders, updates for clients, or assist with data recovery in case of client data loss. Clients are advised to secure and back-up their copies of deliverables upon receipt. After a five-year archival period, these copies will be deleted from our systems unless otherwise requested by the client or mandated by a retention policy specified in the service agreement.

5. SERVICE DELIVERY AND TIMEFRAMES

We strive to deliver our services according to mutually agreed-upon timeframes. Project timelines will be outlined in your service agreement. While we make every effort to meet deadlines, certain factors may affect delivery schedules, including but not limited to client responsiveness, complexity of revisions, and scope changes. In the event of anticipated delays, we will notify you promptly and work to establish a revised timeline. Additional revisions beyond those included in the original scope may require additional time and fees as specified in your service agreement.

6. PURCHASES AND PAYMENT

We accept payments through Square and Stripe, which process various payment methods including Visa, Mastercard, American Express, Discover, and digital wallets such as Apple Pay. Payment processing is subject to Square's and Stripe’s terms and conditions, which you can review at https://squareup.com/us/en/legal/general/privacy-no-account and https://stripe.com/privacy

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services and Products. You also agree to promptly update your account and payment information, including your email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as required. We reserve the right to change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices in effect at the time of your purchase, including any applicable shipping fees. You authorize us to charge your chosen payment provider for these amounts when you place your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We also reserve the right to refuse any order placed through the Services and Products. At our discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, using the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

7. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available through the Services and Products. However, we do not guarantee that the colors, features, specifications, and details will be accurate, complete, reliable, current, or free of errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

8. USER REPRESENTATIONS

By using the Services and Products, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services and Products through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Services and Products for any illegal or unauthorized purpose; and (5) your use of the Services and Products will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services and Products (or any portion thereof).

9. PROHIBITED ACTIVITIES

You may not access or use the Services or Products for any purpose other than what we make available. The Services and Products may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services and Products, you agree NOT to:

Systematically retrieve data or other content from the Services and Products to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Services and Products, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services, Products, and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services and Products.

Use any information obtained from the Services and Products to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Services and Products in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Services and Products.

Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or passive collection mechanisms).

Interfere with, disrupt, or create an undue burden on the Services, Products, or the networks or services connected to the Services.

Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Services or Products to you.

Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

Use a buying agent or purchasing agent to make purchases on the Services.

Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses.

Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

10. USER GENERATED CONTRIBUTIONS

We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. 
When you create or make available any Contributions, you represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including, but not limited to, copyright, patent, trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third party.

Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.

Your Contributions do not include any offensive comments that are connected to race, national origin, gender, political party, religion, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

11. CONTRIBUTION LICENSE

You and the Services agree that we may access, store, process, and use any information and personal data you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

12. TERM AND TERMINATION

These Legal Terms remain effective as long as you use the Services. We reserve the right to, at our sole discretion and without notice, deny access to the Services for any reason, including but not limited to a breach of these Legal Terms or applicable law. We may terminate your account or remove your content without warning. If your account is terminated or suspended, you are prohibited from creating a new account. We also reserve the right to pursue legal action, including civil, criminal, or injunctive redress.

13. CLIENT TERMINATION

You may terminate our services by providing written notice to hello@minnscreative.com. Termination will be effective upon our acknowledgment of your request. Any fees paid for services already rendered are non-refundable. For ongoing services, you may be responsible for payment of any work completed up to the date of termination. Early termination of projects may be subject to a cancellation fee as outlined in your service agreement. Upon termination, all rights and licenses granted to you for delivered content will remain in effect, subject to the terms specified in the 'OWNERSHIP AND USE OF DELIVERABLES' section.

14. SERVICES MANAGEMENT

We may, at our discretion, but are not obligated to: (1) monitor the Services for compliance with these Legal Terms; (2) take legal action against anyone who violates the law or these Legal Terms, including reporting them to law enforcement; (3) restrict or disable access to any of your Contributions that we find inappropriate, without prior notice; (4) remove or disable files and content that are excessive in size or burden our systems, without liability to you; and (5) manage the Services to protect our rights and property and ensure proper functionality.

15. PRIVACY POLICY

Your privacy and data security are important to us. By using the Services, you agree to our Privacy Policy, which can be accessed via a link at the bottom of our website or at [URL placeholder]. Please note that the Services are hosted in the United States. If you access the Services from outside the United States, where different data protection laws apply, you consent to the transfer and processing of your data in the United States.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify, suspend, or discontinue the Services at any time, for any reason, without notice. We are not obligated to update the information on our Services and are not liable for any modifications or interruptions. We cannot guarantee that the Services will be available at all times and are not responsible for any loss, damage, or inconvenience caused by downtime.

17. FORCE MAJEURE CLAUSE

We shall not be held liable for any delays or failures in performance of any part of the Services and Products, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, wars, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

18. GOVERNING LAW

These Legal Terms and your use of the Services are governed by the laws of the State of Oregon, without regard to its conflict of law principles.

19. DISPUTE RESOLUTION

If a dispute arises, we encourage you to try to resolve it through good-faith negotiation. If that fails, you agree to attempt resolution through Alternative Dispute Resolution or Mediation before pursuing legal action.

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. DISCLAIMER

The Services are provided "as-is" and "as available." Your use of the Services is at your own risk. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the services' content or the content of any websites or mobile applications linked to the services and products and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (3) any unauthorized access to or use of our secure servers and /or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third-party through our services and products, any hyperlinked website, or any website or mobile application featured in banner or other advertising. Furthermore, we are not a party to, nor do we monitor, any transaction between you and third-party providers of products or services. We strongly advise you to review the terms and conditions and privacy policies of any third-party websites or services that you visit.

Our site may include affiliate hyperlinks to third-party products or services from which we may receive a small compensation. We disclaim any liability for your purchases made through these links. We make reasonable efforts to notify you of the use of affiliate links; however, by clicking on any such link, you accept full responsibility for any consequences or benefits that may arise. As with the purchase of a product or service through any medium or in any environment, you are encouraged to use your best judgment and exercise caution where appropriate.

22. LIMITATIONS OF LIABILITY

We, including our directors, employees, or agents, are not liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Services and Products. Our liability will always be limited to the amount you paid, if any, to us. Some jurisdictions do not allow limitations on implied warranties or the exclusion of certain damages, so these limitations may not apply to you.

23. INDEMNIFICATION

You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, arising from your use of the Services and Products, breach of these Legal Terms, violation of third-party rights, or any harmful act against another user. We reserve the right to assume the defense of any matter for which you are required to indemnify us, and you agree to cooperate at your expense.

24. USER DATA

We may store certain data that you transmit through the Services and Products for operational purposes, including data related to your use of the Services and Products. Although we perform routine data backups, you are solely responsible for maintaining your own data. We are not liable for any loss or corruption of data, and you waive any right to action against us in connection with such events.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting the Services, sending us emails, purchasing products, or completing online forms, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements for written communication. You consent to the use of electronic signatures, contracts, orders, and records, and you waive any rights or requirements for original signatures or non-electronic records in any jurisdiction.

Unsubscribing from Communications

Email Communications: If you wish to stop receiving promotional emails from us, you can unsubscribe at any time. Simply click the "unsubscribe" link located at the bottom of our emails, or contact us directly at hello@minnscreative.com. Please follow the provided instructions to complete the unsubscribe process. Note that opting out of promotional communications does not affect your receipt of important administrative messages that we may send regarding your use of the Services.

SMS Text Messages: To opt out of receiving SMS text messages from us, text "STOP" in response to any message. You may receive a confirmation SMS confirming your opt-out. Please be aware that message and data rates may apply to SMS messages sent or received, depending on your mobile carrier and plan.

26. CALIFORNIA USERS AND RESIDENTS

If you have an unresolved complaint with us, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Legal Terms, along with any policies or rules posted by us, constitute the entire agreement between you and us. Our failure to enforce any right or provision does not waive that right or provision. These Terms are enforced to the fullest extent permitted by law, and we may assign our rights and obligations at any time. We are not liable for any loss or damage caused by events beyond our control. If any part of these Legal Terms is found to be unenforceable, the remaining provisions will remain in effect. No joint venture, partnership, employment, or agency relationship is created by these Terms. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Carrie Minns, LLC

Email: hello@minnscreative.com

P.O. Box 10695

Portland, OR 97296

United States