Terms and Conditions
Terms of Service
Last Updated: July 10, 2025
1. Acceptance of Terms
These Terms and Conditions ("Agreement") are established by and between CREATIVE ALLY, a sole proprietorship legally formed and registered in the State of California, with its principal business mailing address located at 423 Molino St., Los Angeles, CA 90013 ("Company," "we," "our," or "us"), and you ("Client," "you," "your," or "user"). By accessing, browsing, or otherwise using the Company's website, located at www.mycreativeally.com, or engaging the Company's services (collectively, the "Services"), you explicitly agree to be bound by all provisions stated herein. Should you disagree with any part of these Terms and Conditions, you must immediately discontinue the use of our Services. By accessing, browsing, or using this website and any associated services (collectively, the "Service"), you expressly and unequivocally agree to be bound by the terms, conditions, obligations, and restrictions as detailed herein, without modification or limitation.
Your continued use of the Service following any modifications to these Terms and Conditions shall conclusively signify your acceptance and acknowledgment of such amendments. If you do not fully and unequivocally accept all provisions contained herein, you must immediately discontinue your use of the Service and cease accessing the website. Your usage constitutes your affirmation that you possess the requisite legal capacity and authority to enter into a legally binding agreement under applicable law.
2. Age Limitation and Eligibility to Use
This website and all related services are intended solely for use by individuals who have attained the legal age of majority, which is defined as eighteen (18) years of age or older under the laws of the United States and the State of California. By accessing or using this website, you represent, warrant, and affirm that you meet the minimum age requirement and possess the legal capacity and authority to enter into binding agreements under applicable law. The Company does not knowingly collect or solicit personal information from individuals under the age of eighteen, nor does it knowingly permit such individuals to access or utilize the website or related services. In the event that the Company becomes aware that personal information has been inadvertently collected from a user under the age threshold, it shall take immediate and appropriate steps to delete such information and prevent further access. If you are under the age of eighteen or lack the legal capacity to enter into contracts, you are expressly prohibited from using this website or submitting any personal data through any means, and any such activity shall be deemed a violation of these Terms and Conditions.
3. Modification of Terms
We reserve, retain, and expressly assert the unilateral right and sole discretion to amend, alter, modify, or supplement these Terms and Conditions, in whole or in part, at any time and without prior notice. Such modifications shall be effective immediately upon their publication on the website, and it is your sole responsibility to review these Terms and Conditions periodically to remain informed of all current obligations and conditions governing your use of the Service. Continued use of the Service after any such amendments constitutes explicit and irrevocable acceptance of such changes, as though you had expressly consented in writing. No communication, representation, assurance, or action by us or our representatives shall constitute a waiver, modification, or superseding of any provision herein, unless explicitly stated in writing by a duly authorized representative of our company. Should you object to any modification, your sole and exclusive remedy shall be to terminate your access and discontinue use of the Service.
4. User Account and Data Security
To the extent that this website enables the creation of user accounts, profile submissions, or form-based submissions of data, you agree and affirm that you are solely and exclusively responsible for maintaining the confidentiality and security of your login credentials, passwords, authentication tokens, or any other identifying information associated with your access. You further agree to assume full responsibility for all actions undertaken through your account, whether authorized or unauthorized, and to notify the Company promptly upon becoming aware of any actual or suspected unauthorized access, breach of security, or compromise of account integrity. The Company shall not be liable for any loss or damage arising from your failure to comply with this obligation or for any unauthorized access resulting from your acts or omissions, unless such loss is attributable solely to the Company’s gross negligence or intentional misconduct. You acknowledge and agree that we may, in our sole discretion and without liability, suspend or revoke access to your account if any breach or misuse is suspected or confirmed. You are solely responsible for implementing industry-standard precautions and data protection practices on your devices and systems in connection with your use of this website.
5. Intellectual Property Rights
All intellectual property rights, proprietary rights, copyrights, trademarks, trade secrets, patents, and other intangible rights subsisting in the Service, including but not limited to all content, software, designs, text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations ("Materials"), shall remain at all times exclusively vested in and owned by us or our licensors. You acknowledge and agree that your use of the Service shall not grant or transfer any ownership, title, license, or right in or to the Materials or any intellectual property rights therein, whether explicitly or implicitly. You expressly agree not to copy, distribute, republish, upload, post, or otherwise exploit or appropriate the Materials, in whole or in part, without obtaining prior written consent from us, which we may grant or withhold in our sole discretion. Any unauthorized use, duplication, or dissemination of the Materials is strictly prohibited and shall subject you to all applicable legal remedies, including but not limited to injunctive relief and compensatory damages, as available under applicable law.
6. Payment Terms
The client acknowledges and agrees to remit payment according to the terms set forth herein, specifically that payment may be divided into installments, with an initial deposit of fifty percent (50%) required to secure registration and reserve participation in the designated program. The client expressly understands that the balance of the program fee shall be due in full no later than the day immediately preceding the program's commencement, and any delay or failure to pay in full by such time shall constitute a material breach of this Agreement. No services shall be provided unless and until all required payments have been timely and satisfactorily received by us, and any failure to fulfill the financial obligations stipulated herein shall authorize us to immediately suspend, postpone, or permanently terminate the client's participation without further notice. The client expressly waives any right to initiate chargebacks, payment reversals, or disputes once services have commenced, and agrees to indemnify and hold us harmless against all costs, expenses, or liabilities arising from such actions.
7. Client Responsibility Regarding Scheduling and Rescheduling
The client expressly acknowledges that availability for scheduling and rescheduling of meetings or sessions is limited and strictly subject to our sole discretion and scheduling constraints. While we shall make reasonable, good-faith efforts to accommodate rescheduling requests, no representation, guarantee, or assurance of availability for alternative dates or times is provided or implied herein. The client is solely responsible for verifying their own availability prior to committing to sessions, and expressly acknowledges that the inability to attend a scheduled meeting shall not entitle the client to refunds, discounts, adjustments, or other compensation of any kind. Notwithstanding any efforts undertaken in good faith to accommodate rescheduling requests, the client acknowledges and agrees that we bear no obligation or liability whatsoever for failure to provide alternative scheduling, and the client irrevocably waives any claim, action, or demand arising therefrom.
8. Conditions for Termination of Client Relationship
We expressly reserve and retain the unilateral and absolute right to terminate the professional relationship with any client, at our sole discretion, upon the occurrence of certain triggering circumstances, including but not limited to instances of unresponsiveness, repeated or egregious rudeness, nonpayment, or failure to attend scheduled appointments ("no-shows"). Termination shall be effectuated immediately upon the issuance of written notice to the client specifying the grounds upon which such termination is predicated, and no further obligations, duties, or services shall be owed or provided following such termination. The client expressly acknowledges that termination for the aforementioned reasons shall not give rise to any entitlement to refunds, reimbursements, adjustments, or credits for services previously paid for, whether utilized or unutilized. Furthermore, the client agrees to indemnify and hold us harmless from any claims, losses, damages, liabilities, or expenses incurred as a direct or indirect result of such termination of the client relationship.
9. Program Deliverables and Payment Obligations
The client expressly acknowledges and agrees that the payment obligation associated with the program remains due and payable in full, notwithstanding the client's voluntary decision or failure to utilize or participate in any component of the program, including, but not limited to, newsletters, photos, videos, digital materials, or any ancillary services. While we may, at our sole discretion and in good faith, consider alternative arrangements for deliverables—such as substituting a newsletter for a digital catalog—such adjustments shall be deemed accommodations rather than entitlements or contractual obligations owed to the client. The client unequivocally understands and agrees that no discounts, refunds, credits, or other forms of financial consideration shall be granted for non-use, rejection, or voluntary omission of any specific deliverable originally agreed upon. Any alternative arrangement or modification of deliverables must be mutually agreed upon in writing, and no verbal communications shall constitute a binding amendment to this provision.
10. Professional Photography Requirements
The client explicitly acknowledges and agrees that the provision of professional-quality photography is a fundamental prerequisite and material obligation under this Agreement, particularly applicable for non-local clients. It is the client's sole responsibility to secure and provide professional or exceptionally high-quality photography suitable for the services being rendered, and the absence of acceptable photography shall grant us the unequivocal right to refuse to perform any services dependent upon such visual materials, without liability or obligation. We may, at our discretion and solely as a courtesy, offer reasonable support or assistance in researching and identifying suitable professional photographers; however, such assistance does not constitute an endorsement, guarantee, warranty, or assumption of responsibility for the ultimate quality or suitability of the photography provided. Any delay, interruption, or failure to deliver suitable professional photography shall not result in an extension of timelines, reduction of fees, or entitlement to refunds or credits.
11. Intellectual Property and Ownership Rights
Subject to the limitations explicitly set forth herein, upon delivery of the completed materials—including, but not limited to, websites, photographs, videos, digital content, and related creative works ("Deliverables")—the client shall receive an irrevocable, perpetual, non-exclusive license to utilize, display, and disseminate the Deliverables for personal or commercial use in any manner consistent with the original purpose of engagement. Notwithstanding the grant of this expansive usage license, we expressly retain all original authorship rights, including but not limited to copyright ownership, moral rights, and the exclusive right to attribution in any formal publication context, including but not limited to print or digital publications such as books, magazines, journals, or similar media. The client agrees to conspicuously and appropriately credit our authorship whenever the Deliverables are formally published, recognizing our intellectual property rights therein. Casual use of the Deliverables, such as routine social media posts or informal digital sharing, shall not require explicit attribution; however, the client expressly acknowledges and agrees that omission of credit in formal publications constitutes a material breach of this Agreement, entitling us to equitable remedies, including injunctive relief and compensatory damages.
12. Promotional Use of Client Work
The client expressly grants us a perpetual, worldwide, royalty-free, irrevocable, and non-exclusive right and license to use, display, reproduce, and publicly showcase any completed materials, projects, websites, photographs, videos, and other deliverables created in connection with our engagement for the purposes of promotion, advertising, portfolio presentation, marketing, and demonstration of our services. This right includes, but is not limited to, reproduction and display across digital platforms such as our website, social media accounts, email newsletters, digital presentations, as well as in print media, promotional literature, advertisements, and other forms of publicity or commercial communication. The client irrevocably waives any right or claim for additional compensation, royalties, or other remuneration for such promotional use of their work by us, recognizing such use as inherent to the nature of the services provided herein. Furthermore, the client warrants that such promotional use by us shall not infringe upon or violate any third-party rights, nor result in any liability or obligation on our part, and the client agrees to indemnify and hold us harmless from and against any claims arising from such promotional use.
13. Disclaimer of Liability for Third-Party Platforms
The client expressly acknowledges and accepts that certain services provided herein may require or involve the use of third-party platforms, software, systems, websites, or applications, including but not limited to Squarespace, Mailchimp, Calendly, Zoom, or other comparable providers ("Third-Party Platforms"). We explicitly disclaim all liability, responsibility, or obligation for the functionality, availability, performance, security, compliance, or reliability of any Third-Party Platforms utilized in the delivery of our services, including, without limitation, any interruptions, outages, data breaches, errors, inaccuracies, or malfunctions attributable to such platforms. The client agrees that their use of and reliance upon Third-Party Platforms shall be solely at their own risk and discretion, and that their acceptance of any such third-party terms of use, privacy policies, and service agreements is their exclusive responsibility and not attributable to or binding upon us in any manner whatsoever. Under no circumstances shall we be liable or responsible, directly or indirectly, for any damages, losses, liabilities, or expenses incurred by the client or any third party arising from the client's use or inability to use such Third-Party Platforms.
14. Limitation of Liability
Notwithstanding any contrary provision herein, and to the fullest extent permitted by applicable law, our total cumulative liability for any and all claims, demands, actions, causes of action, liabilities, losses, damages, expenses, or judgments arising from or related to this Agreement or the services provided hereunder shall not exceed, under any circumstances or theory of liability, whether contractual, tortious, statutory, or otherwise, the aggregate sum of Five Hundred United States Dollars ($500.00). This limitation explicitly encompasses all claims of any nature, whether arising directly or indirectly, consequentially, incidentally, or otherwise, and expressly excludes liability for indirect, incidental, special, exemplary, consequential, punitive damages, loss of profits, loss of data, business interruption, emotional distress, or reputational harm, irrespective of foreseeability or advisement of the possibility thereof. The client explicitly acknowledges and agrees that this limitation of liability provision constitutes a fundamental element and material inducement for our willingness to enter into this Agreement, and absent such limitation, the terms, conditions, and pricing of the services offered herein would differ materially. The client further irrevocably waives any right to challenge the validity, enforceability, reasonableness, or fairness of this liability limitation provision in any jurisdiction or forum.
15. Restrictions on Use of Deliverables
The client expressly agrees and covenants that any deliverables, including but not limited to photographs, videos, written content, design elements, digital products, or other creative materials ("Deliverables"), shall be utilized exclusively for their own internal, promotional, or commercial purposes as originally intended and authorized by this Agreement. The client is strictly prohibited from reselling, sublicensing, transferring ownership, editing, materially altering, modifying, or otherwise adapting any Deliverables without obtaining our prior written consent, which may be granted, conditioned, withheld, or limited at our sole discretion. Notwithstanding the foregoing, the client is explicitly authorized to distribute, publish, or share unaltered versions of the Deliverables via their personal or business social media platforms and digital channels, provided such usage remains faithful to the original context, purpose, and intended representation. Any unauthorized alteration, misrepresentation, misappropriation, unauthorized resale, or other misuse of Deliverables shall constitute a material breach of this Agreement, entitling us to immediate injunctive relief and compensatory damages as permitted by law.
16. Storage and Retention of Client Files
The client acknowledges and explicitly understands that, although reasonable efforts may be made in good faith to store, preserve, archive, or maintain client deliverables, materials, files, photographs, digital assets, and related documentation ("Client Files") during the term of our engagement, we bear no contractual or ongoing obligation whatsoever to retain, store, or safeguard Client Files beyond the formal conclusion or termination of our professional relationship. The client expressly acknowledges and agrees to assume full and exclusive responsibility for maintaining secure, accurate, and comprehensive copies or backups of all Client Files independently, safeguarding such Client Files from loss, theft, destruction, technological failures, or other unforeseen circumstances. Under no circumstances shall we be liable, financially or otherwise, for the loss, corruption, destruction, inadvertent deletion, theft, or unavailability of Client Files subsequent to the conclusion of services. The client irrevocably waives all rights to claims, demands, or actions against us arising from any loss or unavailability of Client Files occurring after services have been fully rendered and delivered.
17. Client Feedback and Testimonials
The client explicitly grants us an unrestricted, irrevocable, perpetual, worldwide, royalty-free license and right to publicly display, quote, reproduce, publish, distribute, or otherwise utilize any feedback, comments, testimonials, or similar evaluations ("Feedback") voluntarily provided by the client in connection with their experience and satisfaction related to our services. Such Feedback may be used without limitation or additional compensation in promotional materials, advertising campaigns, marketing presentations, websites, social media platforms, printed literature, digital media, and any other marketing or promotional channels selected by us in our sole discretion. The client acknowledges and agrees that any Feedback provided is truthful, accurate, and reflective of the client’s genuine opinions, and that the client possesses full rights and authority to authorize the use of such Feedback as contemplated herein. Furthermore, the client irrevocably waives and disclaims any rights or claims to royalties, residuals, or other remuneration associated with our use of Feedback, regardless of format, medium, or frequency of dissemination.
18. Governing Law and Jurisdiction
These Terms and Conditions and any disputes arising hereunder shall be governed by and construed exclusively under the laws of the State of California, without reference to conflict of law principles. Any legal action or proceeding arising out of or related to these Terms and Conditions or the use of the Company's Services shall be instituted exclusively in the courts located within Los Angeles County, California. By using our Services, you irrevocably consent and submit to the personal jurisdiction and venue of such courts and waive any objections to jurisdiction or venue based on forum non conveniens or similar doctrines.
19. Notices and Communications
All formal notices, demands, or communications required or permitted under this Agreement shall be delivered to the Company at 423 Molino St., Los Angeles, CA 90013, or electronically via email at monica@mycreativeally.com. Notices sent electronically shall be deemed delivered upon confirmation of receipt by the Company. You agree to promptly notify the Company of any changes to your contact information, recognizing that failure to do so may result in your inability to receive important communications.
20. Assignment of Rights
The Company reserves the absolute right to transfer, assign, subcontract, or delegate any of its rights or obligations under this Agreement without prior notice to you or obtaining your prior consent. Conversely, you shall not assign, transfer, subcontract, or otherwise delegate any of your rights, duties, or obligations under this Agreement without the Company's prior written approval, which the Company may withhold in its sole discretion. Any attempted assignment or transfer in violation of this provision shall be null, void, and without legal effect.
21. Entire Agreement and Modification
These Terms and Conditions, including any subsequent amendments or updates posted on our website, constitute the entire and exclusive agreement between you and CREATIVE ALLY concerning your use of the Services. This Agreement supersedes all prior understandings, negotiations, and agreements, whether oral or written, regarding the subject matter herein.
21.1 The Company reserves the right to amend or revise these Terms and Conditions at its sole discretion at any time, with modifications effective immediately upon posting to our website. You agree to regularly review these Terms and Conditions to remain informed of any updates, and your continued use of the Services following any modifications constitutes your irrevocable acceptance of such revised terms.
22. Severability
If any provision of these Terms and Conditions is held by a court of competent jurisdiction or other authoritative body to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable. If modification is not possible, the offending provision shall be deemed severed, and the remaining provisions of this Agreement shall remain in full force and effect, unaffected by such determination.
23. Acknowledgment
By accessing and using the Services provided by CREATIVE ALLY, you explicitly acknowledge and affirm that you have read, understood, and unconditionally agreed to be bound by these Terms and Conditions in their entirety, without modification or limitation.