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Terms & Conditions

Effective Date: 1/1/2026

These Terms and Conditions (“Terms”) govern access to and use of the website and services provided by 1UP Promotions, LLC, a branding services company located in Bloomington, Indiana (“Company,” “we,” “us,” or “our”).

By accessing or using our website (“Website”) or engaging our branding, marketing, or related services (collectively, “Services”), you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

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1. ELIGIBILITY

You must be at least 18 years of age and legally capable of entering into binding contracts to use our Services. By using our Website, you represent and warrant that you meet these requirements.

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2. SERVICES

We provide branding, marketing strategy, creative development, design, and related consulting services.

All Services are subject to separate written agreements, proposals, or statements of work (“SOW”) where applicable. In the event of a conflict between these Terms and a signed agreement, the signed agreement shall control.

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3. INTELLECTUAL PROPERTY RIGHTS

A. Company Property

All Website content, including text, graphics, logos, branding concepts, visual elements, layouts, proprietary methodologies, and other materials (“Company IP”), is owned by or licensed to the Company and is protected by applicable intellectual property laws.

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any Company IP without prior written consent.

B. Client Deliverables

Ownership of final deliverables shall be governed by the applicable client agreement or SOW. Unless otherwise agreed in writing:

  • Full ownership transfers only upon receipt of full payment.

  • The Company retains the right to display completed work in portfolios, marketing materials, and case studies unless otherwise agreed.

4. PAYMENT TERMS

Fees, payment schedules, and refund policies are governed by the applicable proposal or agreement.

Unless otherwise stated:

  • Payments are due as specified in the invoice.

  • Late payments may accrue interest at the maximum rate permitted by law.

  • Deposits are non-refundable unless expressly stated otherwise.

Failure to remit timely payment may result in suspension of Services.

 

5. USER CONDUCT

You agree not to:

  • Use the Website for unlawful purposes

  • Attempt unauthorized access to systems or data

  • Interfere with Website security features

  • Transmit malicious code

  • Misrepresent your identity

We reserve the right to restrict or terminate access for violations of these Terms.

 

6. THIRD-PARTY SERVICES

Our Website or Services may integrate or link to third-party tools, platforms, or service providers. We are not responsible for the availability, security, or content of third-party services.

Your use of third-party services is subject to their respective terms.

 

7. PRIVACY

Your use of the Website is also governed by our Privacy Policy. By using our Services, you acknowledge that you have reviewed and understand our data practices.

We do not sell personal data and do not engage in targeted advertising as defined by applicable state privacy laws.

 

8. DISCLAIMERS

THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including:

  • Merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Uninterrupted or error-free service

We do not guarantee specific business results, revenue increases, or marketing performance outcomes.

 

9. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

  • The Company shall not be liable for indirect, incidental, special, consequential, or punitive damages.

  • Total liability shall not exceed the total fees paid by the client in the twelve (12) months preceding the claim.

Some jurisdictions do not allow certain limitations; in such cases, liability will be limited to the fullest extent permitted by law.

 

10. INDEMNIFICATION

You agree to indemnify and hold harmless the Company, its officers, employees, contractors, and affiliates from claims, damages, losses, liabilities, and expenses arising from:

  • Your use of the Services

  • Your violation of these Terms

  • Your infringement of third-party rights

 

11. TERMINATION

We reserve the right to terminate or suspend access to the Website or Services at our discretion, including for violation of these Terms.

Termination does not relieve you of outstanding payment obligations.

 

12. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of law principles.

Any disputes arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Indiana.

 

13. DISPUTE RESOLUTION

At our discretion, we may require disputes to be resolved through mediation or binding arbitration prior to litigation.

Each party shall bear its own legal fees unless otherwise required by law.

 

14. FORCE MAJEURE

The Company shall not be liable for delays or failure to perform due to events beyond reasonable control, including natural disasters, acts of government, labor disputes, cyber incidents, or service provider interruptions.

 

15. MODIFICATIONS TO TERMS

We reserve the right to update or modify these Terms at any time. Updated Terms will be posted on the Website with a revised effective date.

Continued use of the Website constitutes acceptance of the revised Terms.

 

16. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

17. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any applicable written agreements, constitute the entire agreement between you and the Company regarding use of the Website and Services.

 

18. CONTACT INFORMATION

1UP Promotions, LLC
Indianapolis, Indiana
Email: one.up.promotions1@gmail.com

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