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Terms of Service

Effective Date: November 11, 2025 Last Updated: November 11, 2025

Welcome to factioncreative.us (the “Site”). These Terms of Service (“Terms”) govern your access to and use of the Site, located at factioncreative.us, and any related services, features, content, or applications offered by Faction Creative LLC (“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.

We may update these Terms at any time. Changes will be posted here with an updated “Last Updated” date. Your continued use of the Site after changes constitutes acceptance of the revised Terms.

  1. Eligibility

You must be at least 13 years old (or the minimum age required in your country) to use the Site. By using the Site, you represent that you meet this requirement and have the legal capacity to enter into these Terms.

If you are using the Site on behalf of a company or entity, you represent that you have authority to bind that entity.

  1. Account Registration

To access certain features, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your information as needed
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account

You are responsible for all activity under your account. We may suspend or terminate accounts that violate these Terms.

  1. User Conduct

You agree not to:

  • Use the Site for any unlawful, harmful, or abusive purpose
  • Interfere with or disrupt the Site or servers
  • Attempt to gain unauthorized access to accounts, systems, or data
  • Transmit viruses, malware, or harmful code
  • Harass, threaten, or defame others
  • Collect or store personal data of other users without consent
  • Impersonate any person or entity
  • Violate intellectual property rights
  • Engage in spamming, phishing, or fraudulent activity

We may remove content or suspend/terminate access for violations without notice.

  1. Intellectual Property
  2. Our Content

The Site, including text, graphics, logos, images, software, and other materials (“Content”), is owned by us or our licensors and protected by copyright, trademark, and other laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes, subject to these Terms.

You may not:

  • Copy, modify, distribute, or create derivative works of the Content
  • Reverse engineer or decompile any software
  • Remove copyright, trademark, or proprietary notices
  1. User Content

You retain ownership of content you submit, post, or upload (“User Content”). By submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, modify, display, and distribute it in connection with operating and promoting the Site.

You are responsible for your User Content and represent that it does not violate third-party rights or these Terms.

We may remove User Content at our discretion.

  1. Payments and Subscriptions (If Applicable)

If the Site offers paid services, products, or subscriptions:

  • All payments are non-refundable unless stated otherwise
  • Prices are in USD and exclude taxes unless specified
  • You authorize us to charge your payment method for recurring fees
  • We may change prices with notice (e.g., 30 days via email or Site posting)
  • Failure to pay may result in suspension or termination of access

See our Refund Policy (if separate) for details.

  1. Termination

We may suspend or terminate your access to the Site at any time, with or without cause or notice, including for violation of these Terms.

Upon termination:

  • Your right to use the Site ceases immediately
  • We may delete your account and User Content
  • Sections that survive termination (e.g., Intellectual Property, Disclaimers, Limitation of Liability) remain in effect

You may terminate your account at any time by contacting us.

  1. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • DEFECTS WILL BE CORRECTED
  • THE SITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS

YOUR USE OF THE SITE IS AT YOUR OWN RISK.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM:

  • YOUR USE OR INABILITY TO USE THE SITE
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
  • THIRD-PARTY CONTENT OR CONDUCT
  • ANY OTHER MATTER RELATING TO THE SITE

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM (OR $100 IF NO PAYMENT WAS MADE).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

  1. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Site
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your User Content
  1. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any dispute arising from these Terms or the Site shall be resolved exclusively in the state or federal courts located in Dallas County, Texas. You consent to personal jurisdiction and venue in these courts.

For users in the European Union: You may also have rights under applicable consumer protection laws.

  1. Miscellaneous
  2. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Site.

  1. Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

  1. Waiver

Our failure to enforce any right or provision does not constitute a waiver.

  1. Assignment

We may assign these Terms without notice. You may not assign them without our written consent.

  1. Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (e.g., natural disasters, cyberattacks, government actions).

  1. Third-Party Beneficiaries

There are no third-party beneficiaries to these Terms.

  1. Contact Us

If you have questions about these Terms, please contact us:

Email: hello@factioncreative.us Mail: Faction Creative LLC Attn: Legal Department – Dallas, TX United States