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Legal
Everything you'll need, all in one place
Welcome to TOCCreative, your all access pass to a large array of creative marketing solutions. We know it's tempting to skip over these Terms of Service, but it's important to establish expectations you can expect from us as you utilize any of our services.
Let's
Get Started
These Terms of Service reflect the way The Omilianowski Company LLC (TOC) and it's affiliates' business works, the laws that apply to both your project and our company, and certain core values that we strive to follow. As a result, these Terms of Service help define TOCCreative's relationship with you as you utilize our services.
The following sections are detailed in these terms.
What You Expect
From Us
Which describes how we provide and develop our services
What We Expect
From You
Which establishes certain rules for using our services
Intellectual & Copyright Laws
Which describes the rights and ownership of content
Disagreements &
Resolutions
Which establishes legal rights both parties have
Understanding these terms is important because by utilizing any of our services, you're agreeing to a legally binding contract between you and TOCCreative
(The Omilianowski Company LLC, TOC, Us, Our, We) (the "Terms").
Privacy Policy
Built with you in mind
We have also developed an extensive Privacy Policy to go in hand with these Terms, to help define how we use and protect your information online.
What You Can Expect From Us
We provide a broad range of creative marketing solutions and services including:
Creative Marketing
Campaigns
Marketing packages featuring full video & photography, branding, digital and print materials, and bundle packages.
Click below for more information and service-specific terms.
Social Media
Campaigns
Short online presence video formats and digital ads perfect for organic and paid outreach.
Click below for more information and service-specific terms.
Premium
Website Design
Website campaigns featuring full e-commerce, booking, restaurant management, blog & social media platforms.
Click below for more information and service-specific terms.
Real Estate
Marketing
Full video and photography coverage of your entire property. featuring standard
Same-Day Delivery.
Click below for more information and service-specific terms.
How We
Improve
We're constantly innovating new ways to offer our current and new services to the world. As part of this continual improvement, we sometimes add or remove features, increase or decrease limits to our services, and start offering new services or stop offering old ones. This includes updates to these Terms of Service. We withhold the right to update, modify, or change these terms of service at any time, so long that it dos not negatively stand in court.
If we make drastic changes to our services, we'll provide you with reasonable notice and offer you the ability to cancel any membership with TOC at that time.
What We Expect From You
We grant you permission to utilize all of our services, as long as you continue to meet the requirements in:
These
Terms
Which describes how we provide and develop our services
Our Privacy
Policy
Which establishes certain rules for using our services
Our Data
Retention Policy
Which describes the rights and ownership of content
Our Returns
& Refunds Policy
Which establishes legal rights both parties have
Permission
to Use Your
Content
Although we give you permission to utilize our services,
we retain all Creative Copyright licenses on all finished works created by us. Following completion of your Finished Project, your project is owned by you and your assigns. TOC and its assigns hereby have an indefinite full Creative Copyright license to said project to showcase it on our site, social media platforms, and any other portfolios that may be created. This allows us to use this work for promotional and marketing material as well as keep it posted on our site and social media platforms. For more information, please view our current Copyright Policy.
Using TOC Services
We grant you permission to utilize all of our services, as long as you continue to meet the requirements in:
Your
TOC Account
If you are over the age of sixteen (16), you may create a TOC account directly from our website. Some services require that you have a TOC account to continue - for example, confirming and submitting your project's. documentation. This account allows you to access the entire TOC ecosystem. Your TOC account is valuable and you are solely responsible for it; including taking the necessary steps to keep your account secure. We are not responsible for any losses arising from the unauthorized use of your TOC account. Please contact us directly if you believe your TOC account has been compromised.
Some of our services may allow you to opt into a subscription based program - for example,
TOCPayments. Paid subscriptions
automatically renew until canceled from your account settings. You will charged no more than 24 hours prior to the start of the latest paid subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient finds), and you have not cancelled or completed your paid subscription, you remain solely responsible for any uncollected amount. We will attempt to charge the payment method as you may update your payment method information at any time. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription. Note that this may result in disruptions of any current services or projects.
TOCPayments
All invoices are paid directly though the site, or sent electronically and are hosted and backed by stripe.com. Your invoices will include detailed information and various ways to fulfill them. (Credit/debit card, wire transfer.) Exceptions may be made to accept business checks as a form of payment. You will still receive an invoice hosted from stripe.com if you have paid via business check, with the payment methods disabled to act as a receipt. We will annotate the payment via check for your records.
If your project is signed up for TOCPayments, our in-house financing program, you will receive additional information regarding your upcoming payments following signing of your contract.
Note in certain cases, if a paid subscription is unable to be fulfilled, we reserve the right to take any legal actions against you to collect the funds. If the verdict stands in court, you will be solely responsible for any and all uncollected monies and legal fees that The Omilianowski Company LLC and its assigns may incure during this process.
Using TOC Services on Behalf of a Business or Organization
Many entities, such as businesses, non-profits, and schools take advantage of our services. To use our services on behalf of an organization:
An Authorized Representative of that organization must agree to all the terms outlined.
Your Organization's Administrator may assign a TOC account to you. It may require additional rules and regulations that reserve the right and ability to access or disable your TOC account at any time.
To provide you with our services, we may sometimes send automated service announcements and other information. To learn more about how we communicate with you, please read our Privacy Policy.
Disagreement
& Resolution
Methods
By law, you have the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong. These terms don't limit or take away any of those rights.
We provide our services using reasonable skill and care. If we don't meet the quality level described in these terms, you agree to tell us. And we agree to work with you to resolve the issue.
The only commitments we make regarding our services (including the content in the services, the specific functions of our services, or their reliability, availability, or ability to meet your needs, are (1) described in these terms or (2) provided under applicable laws. We don't make any other commitments about our services.
These terms only limit our responsibilities as allowed by applicable law. Specifically, these terms don't limit our liabilities for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, or willful misconduct. Other than the rights and responsibilities described in this section (in case of problems or disagreements), The Omilianowski Company LLC and its assigns won't be responsible for any other losses, unless they're caused by our breach of these terms or service specific additional terms.
Liabilities
If you're a business owner or organization, then to the extent allowed by applicable law: You will indemnify The Omilianowski Company LLC and it's directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of our services or violation of these terms or service-specific terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
Removing
Your Content
If we reasonably believe that any of your content (1) breaches these terms, service-specific terms, (2) violates applicable law, or (3) could harm TOC or its users, then we reserve the right to take down some or all of that content in accordance with applicable law.
Note that we are not liable to provide you with any compensation if your content is removed due to a breach in terms, service-specific terms, or violation of applicable laws.
TOC and its assigns reserve the right to suspend or remove access to any and all of our services at any time. Specifically if you do the following:
You breach these terms or service-specific terms.
We're required to do so to comply with a legal requirement or court order.
If you believe your TOC account has been suspended or terminated in error, you can appeal at any time by contacting us.
Suspending or
Removing Your
Access to
Our Services
Governing
Law
Except to the extent expressly provided in the following paragraph, these terms and the relationship between you and TOC, and all transactions on the services shall be governed by the laws of the State of Delaware, excluding its conflicts of law provisions. You hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state of Delaware.
By law, you have certain rights that can't be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights. We want to make these terms easy to understand, and transferable across all of our services.
We may update these terms and service-specific terms (1) to reflect changes in our services or how we do business - for example, when we add new services, features, pricing, or benefits (or remove old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
Additional Information
If these terms conflict with any service-specific terms, the additional terms will govern for that service.
If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.
If you don't follow these terms or the service-specific terms, and we don't take action right away, does not mean we are giving up any rights that we may have; such as taking action in the future.
If we materially change these terms or service-specific terms, we'll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to the new terms, you may request to remove your content and stop utilizing our service. You can also end your relationship with us at anytime by closing your TOC account.
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