Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the Click Content Studios website (“Website”), as well as any services, content, creative assets, and digital products available through the Website (collectively, the “Services”).
The Website is owned and operated by Click Content Studios, a division of Forum Communications Company (“Company,” “we,” “our,” or “us”).
By accessing or using the Website or Services, you agree to be bound by these Terms, along with any additional policies referenced herein, including our Privacy Policy. If you do not agree to these Terms, you may not access or use the Website or Services.
Eligibility
You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you meet this requirement.
Use of the Website
The Website is provided for informational and business purposes. You agree not to use the Website for any unlawful purpose or in any way that could damage, disable, or impair the Website or interfere with another party’s use.
Services and Deliverables
Click Content Studios provides creative services, including but not limited to content creation, marketing assets, design, video production, and digital deliverables.
All Services are subject to separate agreements, proposals, or statements of work (“SOW”). In the event of a conflict between these Terms and any executed agreement, the terms of the executed agreement shall control.
Payments and Fees
Fees for Services will be outlined in the applicable SOW or agreement. Unless otherwise stated:
- Payments are due according to the agreed-upon schedule
- Late payments may be subject to additional fees or service suspension
All fees are nonrefundable once Services have commenced, except as otherwise stated in writing.
Creative Approval and Revisions
Clients are responsible for timely review and approval of all deliverables. The Company shall not be responsible for delays caused by client inaction or delayed feedback.
Unless otherwise stated in writing:
- Reasonable revisions may be included within the scope of the project
- Additional revisions or changes beyond the agreed scope may result in additional fees
Approval of deliverables constitutes acceptance of the work as complete.
Scope of Work and Additional Services
All Services are limited to the scope defined in the applicable SOW or agreement. Any requests outside of the agreed scope (“Out-of-Scope Work”) must be approved in writing and may result in additional charges.
The Company reserves the right to adjust timelines and pricing based on changes to scope.
Timelines and Delivery
Project timelines provided by the Company are estimates and are dependent on client responsiveness, content delivery, and approval timelines.
The Company shall not be liable for delays caused by:
- client feedback delays
- incomplete or late client-provided materials
- changes in project scope
Client Responsibilities and Content Accuracy
Clients are solely responsible for:
- the accuracy, legality, and completeness of all materials, information, and claims provided
- ensuring that all content complies with applicable laws, regulations, and industry standards
The Company shall not be liable for any claims arising from inaccurate, misleading, or unlawful client-provided content.
Intellectual Property and Usage Rights
All materials, deliverables, and work products created by the Company remain the property of the Company until full payment has been received.
Upon full payment:
- Ownership or usage rights will transfer as outlined in the applicable agreement
- Unless otherwise specified, the Company retains a non-exclusive, perpetual right to use such work for portfolio, marketing, and promotional purposes
Clients may not resell, redistribute, or modify deliverables beyond agreed-upon usage rights without prior written consent.
Third-Party Materials and Licensing
Deliverables may include third-party materials such as stock images, fonts, music, or software (“Third-Party Materials”).
Use of Third-Party Materials is subject to the licensing terms of the respective providers. The Company does not guarantee exclusive rights to such materials unless explicitly stated.
Clients are responsible for complying with all applicable licensing restrictions after delivery.
Project Cancellation and Termination
Either party may terminate a project in accordance with the applicable agreement.
If a project is canceled by the client:
- The client shall pay for all work completed up to the date of termination
- The Company may charge a cancellation or “kill fee” proportional to the work completed and resources allocated
The Company reserves the right to terminate Services at any time for nonpayment, breach of Terms, or other reasonable cause.
User Content
If you submit or provide content to the Company, you represent that you have the legal right to do so and grant the Company a non-exclusive license to use, reproduce, and display such content solely for the purpose of providing Services.
Communications
By providing your contact information, you consent to receive communications from the Company. You may opt out at any time.
Third-Party Links
The Website may include links to third-party websites. The Company is not responsible for the content, accuracy, or practices of those websites.
Changes to Terms
The Company reserves the right to update or modify these Terms at any time. Continued use of the Website constitutes acceptance of the updated Terms.
Termination
The Company may suspend or terminate access to the Website or Services at any time, with or without notice.
Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, indemnification, and limitations of liability.
Disclaimer of Warranties
The Website and Services are provided “as is,” “as available,” and “with all faults,” without warranties of any kind, express or implied. The Company disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.
The Company does not warrant that the Website or Services will be error-free, secure, or uninterrupted.
Limitation of Liability
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or profits.
In no event shall the Company’s total liability exceed the amount paid by you for Services in the twelve (12) months preceding the claim.
Indemnification
You agree to indemnify and hold harmless the Company, its affiliates, employees, and contractors from any claims, damages, or expenses arising out of:
- your use of the Services
- your violation of these Terms
- content or materials you provide
Governing Law and Venue
These Terms shall be governed by the laws of the State of North Dakota. Any disputes shall be resolved in the state or federal courts located in Cass County, North Dakota.
You waive any objection to the venue and any right to a jury trial to the maximum extent permitted by law.
Miscellaneous
These Terms constitute the entire agreement regarding Website use. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The Company may assign its rights without restriction. You may not assign your rights without prior written consent.
Failure to enforce any provision shall not constitute a waiver.