Welcome to the online creative media, advertising, digital marketing, and related services provided by Malmstrom Creative Media LLC. By purchasing or using our services, you acknowledge that you have read, understood, and agreed to the following terms and conditions.
- Nature of Services
The services provided by Malmstrom Creative Media LLC are “One-Time Services.” Unless otherwise agreed upon in writing by both parties, they do not constitute automatic renewals, subscriptions, or ongoing services.
The specific scope of services, deliverables, and methods of delivery are determined by the service items purchased by the client and the information confirmed by both parties.
- Payment Terms
Clients shall pay the applicable service fees in accordance with the prices listed on the purchase page, the order, or as confirmed by both parties.
Unless otherwise agreed upon in writing, service fees must be paid in full prior to the commencement of services or the execution of the project.
Upon completion of payment, the client confirms the purchased services, pricing, and relevant terms and conditions.
- No-Refund Policy
As our services are one-time, digital, and customized in nature, the commitment of time, professional resources, and creative effort typically begins immediately upon the start of the service.
Except where required by applicable law, all service purchases are final; no refunds, cancellations with refunds, or partial refunds will be provided.
If a client believes that the services provided deviate significantly from the agreed-upon terms, they should contact us promptly, and we will discuss and address the matter based on the specific circumstances.
- Intellectual Property
Unless otherwise agreed upon in writing, general methodologies, workflows, templates, tools, techniques, pre-existing assets, and other underlying intellectual property used or created by Malmstrom Creative Media LLC during the provision of services remain the property of their original owners.
Regarding final deliverables completed specifically for the client and paid for in full, the rights of use and ownership of intellectual property shall be governed by the terms specified in the specific order or written agreement.
Clients must ensure they possess the legal right to use any text, images, trademarks, branding materials, videos, music, or other content provided to us, and must not infringe upon the intellectual property rights of any third party.
- Client Responsibilities
Clients are responsible for timely providing the truthful, accurate, and complete information, materials, and authorizations necessary to complete the services.
Delays in service resulting from the client’s failure to provide necessary materials, feedback, or approvals in a timely manner shall not be considered a failure by the company to fulfill its delivery obligations.
6. Dispute Resolution
In the event of any dispute arising from these Terms, the Services, or payments, the parties shall first attempt to resolve the matter through good-faith negotiation.
If the dispute cannot be resolved through negotiation, the parties may choose to address it through alternative dispute resolution methods, such as mediation or arbitration, in accordance with applicable law; alternatively, where permitted by applicable law, legal action may be brought in a court of competent jurisdiction.
Any dispute resolution proceedings shall be conducted in compliance with applicable federal and state laws.
- Governing Law
These Terms and the relationship between the parties arising from the Services shall be governed by applicable U.S. federal laws and the laws of the applicable state.
If any provision of these Terms conflicts with applicable law, the mandatory provisions of such applicable law shall prevail, and the remaining provisions shall remain in full force and effect.
- Limitation of Liability
To the maximum extent permitted by applicable law, Malmstrom Creative Media LLC shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from the use or inability to use the Services, including but not limited to loss of profits, business interruption, loss of data, or loss of goodwill.
To the extent permitted by applicable law, the Company’s aggregate liability arising from the Services shall not exceed the amount actually paid by the client for the specific Service giving rise to such liability.
This limitation of liability does not apply to liabilities that cannot be limited or excluded under applicable law.
- Third-Party Services
Certain Services may involve third-party platforms, payment services, advertising platforms, cloud-based tools, or other external services.
Third-party services are subject to their own terms and privacy policies. The Company assumes no liability beyond what is required by applicable law for issues caused by third-party platform failures, policy changes, service interruptions, or other causes beyond the Company’s reasonable control.
- Modification of Terms
Malmstrom Creative Media LLC may update these Terms in response to business needs or changes in laws and regulations. Updated Terms will be posted on the website and shall be effective as of the date of posting.
Your continued use of our Services constitutes acceptance of the updated Terms.
- Contact Us
If you have any questions regarding these Terms or the Services, please contact us using the information below.
