Terms of Service

1. Introduction and Agreement

These Terms of Service ("Terms") govern your access to and use of the website located at https://www.cranberriestudios.com (the "Site"), operated by Cranberrie Studios ("Company," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

2. Who We Are and Services Description

Cranberrie Studios is a web design and development studio based in Kansas City, Missouri. We provide creative and technical services such as brand design, website design, website development, redesigns and rebuilds, SEO and content services, analytics setup, e-commerce and business tool setup, custom development, deployment support, and optional care plans (collectively, the "Services").

The Site is intended to provide information about our Services, showcase our portfolio, and allow potential clients to contact us. Any client engagement for Services will be governed by a separate written estimate, proposal, statement of work, or agreement between you and us. If a separate written agreement conflicts with these Terms, that separate agreement controls for the project it covers.

3. Eligibility

By using the Site, you represent and warrant that you:

• Are at least 18 years old, or the age of majority in your jurisdiction.
• Have the legal capacity to enter into these Terms.
• Will comply with these Terms and all applicable laws.

4. Changes to the Terms

We may update or modify these Terms from time to time. If we do, we will update the "Last updated" date and post the revised Terms on this page. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms.

5. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Site in any way that violates applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorized access to any part of the Site, related systems, servers, networks, or accounts.
• Interfere with or disrupt operation of the Site or the servers or networks used to make the Site available.
• Use any robot, spider, scraper, or other automated means to access the Site without our express written permission.
• Submit false, misleading, unlawful, harmful, infringing, or malicious content through any form or communication channel.

6. Intellectual Property

Unless otherwise indicated, all content on the Site, including text, graphics, logos, images, video, code, and design elements, is owned by Cranberrie Studios or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may view the Site for personal or internal business evaluation only. You may not copy, reproduce, modify, distribute, display, sell, or create derivative works based on Site content without our prior written consent.

Our name, logo, and related names, logos, product or service names, designs, and slogans are trademarks of Cranberrie Studios or our affiliates or licensors. You must not use those marks without prior written permission.

7. Portfolio and Testimonials

We may display examples of past work, representative examples, case studies, screenshots, links, performance notes, and testimonials on the Site and in marketing materials. Unless otherwise agreed in a separate written contract, we may display non-confidential aspects of completed client projects, provided that we do not disclose confidential information. Clients may request confidentiality in writing before launch or publication.

8. No Client Relationship Through the Site

Using the Site, submitting a questionnaire, sending an inquiry, calling, texting, or emailing us does not by itself create a client, contractor, fiduciary, or contractual relationship between you and Cranberrie Studios. Any engagement for Services must be confirmed in a separate written agreement that identifies scope, fees, timelines, deliverables, and other terms.

9. Estimates, Pricing, and Service Information

Pricing, package descriptions, timelines, and estimates shown on the Site are for general information only and may change without notice. Final project pricing and scope are confirmed in writing after we review the project requirements. Site content is not an offer to provide Services on any specific terms.

10. Third-Party Links and Services

The Site may contain links to third-party websites or services that we do not own or control. We provide these links for convenience only and do not endorse or assume responsibility for the content, privacy policies, practices, uptime, pricing, or security of any third-party websites or services.

11. Disclaimers

The Site and its content are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Site will be uninterrupted, secure, error-free, corrected of defects, or free of viruses or harmful components. Information presented on or through the Site is for general informational purposes and does not constitute legal, tax, financial, or other professional advice.

12. Limitation of Liability

To the fullest extent permitted by law, Cranberrie Studios, its owners, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, goodwill, or business opportunity, arising out of or related to your use of the Site or these Terms, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

To the extent any liability is found, our total aggregate liability for claims arising out of or relating to the Site or these Terms will not exceed one hundred U.S. dollars (USD 100) or the amount you paid us in the last six months for Services accessed through the Site, whichever is greater.

13. Indemnification

You agree to indemnify, defend, and hold harmless Cranberrie Studios, its owners, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of or access to the Site.
• Your violation of these Terms.
• Your violation of any third-party right, including intellectual property or privacy rights.
• Information, files, content, or materials you submit to us through the Site or direct communications.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation, including non-contractual disputes or claims, are governed by and construed in accordance with the laws of the State of Missouri, without regard to conflict of laws principles. You agree that the state and federal courts located in Jackson County, Missouri, will have exclusive jurisdiction over any suit, action, or proceeding arising out of or relating to these Terms or your use of the Site.

15. Termination

We reserve the right, in our sole discretion and without notice, to suspend or terminate your access to all or part of the Site for any reason, including violation of these Terms. Upon termination, your right to use the Site ceases immediately, but provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, limitations of liability, indemnification, and governing law.

16. Changes to the Site

We may update, change, suspend, or discontinue any aspect of the Site at any time without notice. We are not obligated to maintain or support any particular content or feature and are not liable for any modification, suspension, or discontinuance of the Site.

17. Contact

Questions about these Terms can be sent to [email protected]. Postal mail may be addressed to Cranberrie Studios, Kansas City, Missouri, USA.