Legal
Terms of Service
Terms and conditions for using our website and services.
1. Acceptance of Terms
By accessing or using the Click Element Media website ("Site") or engaging our services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or Services.
We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the Site or Services after changes constitutes acceptance of the updated Terms.
2. Description of Services
Click Element Media is a digital marketing studio offering services including but not limited to:
- Web design and development
- Search engine optimization (SEO)
- Paid media and advertising management
- Analytics and conversion optimization
- Digital marketing strategy and consulting
Specific services, deliverables, and terms will be outlined in separate service agreements or statements of work between Click Element Media and clients.
3. Eligibility
By using our Site or engaging our Services, you represent and warrant that:
- You are at least 18 years old
- You have the legal authority to enter into these Terms
- If acting on behalf of a company or organization, you have the authority to bind that entity to these Terms
- You will comply with all applicable laws and regulations
4. Client Engagements
4.1 Service Agreements
All client engagements are governed by separate service agreements that outline scope, deliverables, timelines, and fees. In the event of any conflict between these Terms and a service agreement, the service agreement shall prevail.
4.2 Payment Terms
Payment terms, including fees, invoicing schedules, and payment methods, will be specified in individual service agreements. Unless otherwise stated:
- Invoices are due within 30 days of receipt
- Late payments may incur interest charges
- We reserve the right to suspend services for overdue accounts
4.3 Confidentiality
We treat all client information as confidential and will not disclose proprietary business information to third parties without consent, except as required by law or as necessary to perform our services.
5. Intellectual Property
5.1 Our Intellectual Property
All content on this Site, including text, graphics, logos, images, and software, is the property of Click Element Media and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our written permission.
5.2 Client Work Product
Ownership of work product created for clients will be specified in individual service agreements. Generally:
- Final deliverables are owned by the client upon full payment
- We retain rights to underlying tools, methodologies, and pre-existing materials
- We may retain portfolio rights to showcase work unless otherwise agreed
5.3 Feedback
Any feedback, suggestions, or ideas you provide regarding our Site or Services may be used by us without obligation or compensation to you.
6. Use of the Site
You agree to use our Site only for lawful purposes. You may not:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit malware, viruses, or harmful code
- Attempt unauthorized access to our systems
- Scrape, harvest, or collect data from the Site
- Interfere with or disrupt the Site's functionality
- Use the Site for competitive analysis without permission
- Impersonate others or provide false information
7. Contact Form and Communications
When you submit information through our contact form or communicate with us:
- You agree to provide accurate and complete information
- You consent to receive communications from us in response
- Your submission does not create a client relationship until a service agreement is executed
- We are not obligated to respond to or act upon any inquiry
8. Third-Party Links
Our Site may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of these external sites. Accessing third-party links is at your own risk.
9. Disclaimers
THE SITE AND ANY INFORMATION PROVIDED ARE OFFERED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR COMPLETENESS OF INFORMATION
- UNINTERRUPTED OR ERROR-FREE OPERATION
While we strive to provide accurate information, we make no guarantees regarding marketing results, business outcomes, or the suitability of our services for your specific needs.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLICK ELEMENT MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:
- YOUR USE OF OR INABILITY TO USE THE SITE
- ANY INFORMATION OBTAINED FROM THE SITE
- UNAUTHORIZED ACCESS TO YOUR DATA
- THIRD-PARTY CONDUCT OR CONTENT
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM USE OF THE SITE SHALL NOT EXCEED $100.
Liability related to client services will be governed by individual service agreements.
11. Indemnification
You agree to indemnify, defend, and hold harmless Click Element Media, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including attorney's fees) arising from:
- Your use of the Site
- Your violation of these Terms
- Your violation of any rights of another party
- Your violation of applicable laws
12. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any legal action arising from these Terms must be brought in the courts of Delaware.
13. Dispute Resolution
Before pursuing formal legal action, you agree to first contact us to attempt to resolve any dispute informally. We will make good faith efforts to resolve any issues through direct communication.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Click Element Media regarding the use of our Site.
16. Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
17. Assignment
We may assign or transfer these Terms at any time without restriction. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
18. Force Majeure
We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemic, labor disputes, government actions, or internet or infrastructure failures.
19. Contact Information
For questions about these Terms of Service, please contact us:
Click Element Media
Email: [email protected]