1. Acceptance of These Terms
These Terms and Conditions (“Terms”) form a binding agreement between you and Mario Creative LLC (“Mario Creative,” “we,” “us,” or “our”), a New Jersey limited liability company, regarding your access to and use of mariocreative.co and its content. By using the website, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the website.
You must be at least 18 years old and legally able to enter into a contract to request services through the website. If you use the website for a business or organization, you represent that you are authorized to act for it.
2. Permitted Use
You may use the website only for lawful, personal, or internal business purposes. You may not interfere with the website; attempt unauthorized access; introduce malware; scrape, harvest, or copy content through automated means; misrepresent your identity; infringe another person’s rights; or use the website or its content to develop, train, or improve a competing product or service without our written permission.
We may suspend access, remove content, or take other reasonable action if we believe the website is being misused or these Terms are being violated.
3. Services, Packages, and Pricing
The website describes creative, branding, photography, video, social media, marketing, and related services. Website content is general information, not a binding offer. Sending an inquiry, requesting an appointment, or discussing a project does not create an agency-client relationship or obligate either party to proceed.
Package prices are starting points and may change. Final scope, deliverables, timing, fees, expenses, payment terms, usage rights, revisions, cancellation terms, and other project details will be stated in a separate proposal, statement of work, estimate, invoice, or services agreement accepted by the parties. If that agreement conflicts with these Terms, the separate agreement controls for the applicable services.
Deposits, recurring fees, media spend, third-party costs, late fees, cancellations, and refunds are governed by the applicable proposal or client agreement. Unless expressly agreed in writing, listed prices do not include taxes, advertising spend, printing, travel, talent, licensing, platform fees, or third-party production expenses.
4. Intellectual Property
The website and its original text, graphics, photographs, videos, animation, layout, code, brand elements, and other content are owned by Mario Creative or used with permission and are protected by United States and international intellectual property laws. Mario Creative and its logo are our marks. Client names, logos, products, and other marks shown in portfolio work belong to their respective owners.
We grant you a limited, revocable, nonexclusive, nontransferable license to view the website for its intended purpose. No content may be reproduced, modified, distributed, sold, publicly displayed, republished, or used commercially without the prior written permission of the applicable owner. No rights in client deliverables are granted through this website; those rights are governed by the applicable client agreement.
5. Portfolio and Case Studies
Portfolio materials illustrate selected work, creative capabilities, or project context. Results, metrics, testimonials, and outcomes reflect the circumstances of the specific project and are not a promise that another client will receive the same result. Platform interfaces, account data, services, and performance may change over time.
6. Your Submissions and Communications
You represent that information and materials you submit are accurate, lawful, and that you have the right to provide them. You retain ownership of your materials. You grant us a limited license to receive, store, copy, review, and use them as reasonably necessary to respond to your inquiry, evaluate a project, provide requested services, secure our systems, and comply with law.
Do not submit confidential, regulated, or sensitive personal information through the consultation form. Until both parties sign a separate agreement, unsolicited ideas, concepts, or materials are not treated as confidential. By providing contact information, you authorize us to respond about your request. Promotional communications, if any, will be handled in accordance with applicable law and may be declined at any time.
7. Third-Party Sites and Platforms
The website may include links, embeds, or references to Instagram, Google, client websites, and other third-party services. They are provided for convenience and context. We do not control or endorse every statement, product, policy, security practice, or availability of those services, and your use of them is governed by their own terms.
8. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED AVAILABILITY.
Marketing and creative results depend on many factors outside our control, including client participation, market conditions, audience behavior, advertising budgets, competitors, and changes made by search engines and social platforms. Nothing on the website guarantees traffic, engagement, rankings, leads, sales, revenue, media coverage, or any other business result.
9. Limitation of Liability
To the maximum extent permitted by law, Mario Creative and its members, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, goodwill, data, or opportunities arising from or related to the website, even if advised that such damages were possible.
To the maximum extent permitted by law, our total liability for claims arising from or related to your use of the website will not exceed one hundred U.S. dollars (US $100). These limitations do not apply to liability that cannot lawfully be limited or excluded, including where applicable for fraud, willful misconduct, or certain personal injury claims. Rights and remedies provided by mandatory consumer-protection law remain available.
10. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Mario Creative and its members, employees, contractors, and agents from third-party claims, damages, losses, liabilities, and reasonable costs arising from your unlawful misuse of the website, your violation of these Terms, or materials you submit that infringe or violate another person’s rights.
11. New Jersey Law and Disputes
These Terms are governed by the laws of the State of New Jersey, without regard to conflict-of-law rules. Before filing a claim, you and Mario Creative agree to make a good-faith effort to resolve the dispute by written notice describing the issue and requested resolution and allowing 30 days for a response.
Except where applicable law requires otherwise, any judicial proceeding arising from these Terms or the website must be brought exclusively in the state or federal courts located in New Jersey, and each party consents to their personal jurisdiction. These Terms apply to visitors throughout the United States, but they do not waive any mandatory rights or protections you have under the law of your state of residence.
12. General Terms
If any provision is held unenforceable, it will be limited or removed only to the minimum extent necessary and the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver. You may not transfer your rights under these Terms without our consent; we may transfer ours in connection with a reorganization, financing, merger, sale, or transfer of our business. These Terms and the Privacy Policy are the entire agreement concerning use of the website, except for any separate written agreement governing client services.
13. Changes to These Terms
We may revise these Terms to reflect changes to the website, our practices, or applicable law. Revised Terms will be posted here with a new effective date. Your continued use after the revised Terms take effect constitutes acceptance to the extent permitted by law.
14. Contact Us
Questions about these Terms may be sent to:
Mario Creative LLC
New Jersey, United States
info@mariocreative.co
(551) 225-6811