Welcome to adinspiration.com, the website and online service of 23creative LLC (“Adinspiration,” “we,” or “us”). This page explains the terms by which you may use our online services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as set forth in the Adinspiration Privacy Policy (https://www.adinspiration.com/privacy), whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”)

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1.Use of Our Service

1.A. Eligibility

You may use the Service only if you can form a binding contract with Adinspiration, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Adinspiration.

1.B. Adinspiration Service.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Adinspiration reserves all rights not expressly granted herein in the Service and the Adinspiration Content (as defined below). Adinspiration may terminate this license at any time for any reason or no reason.

1.D. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Adinspiration servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xiii) monetizing Adinspiration content through advertising, subscriptions or other means. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are solely responsible for your interactions with other Adinspiration Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Adinspiration shall have no liability for your interactions with other Users, or for any User’s action or inaction.

User Content.

1. Some areas of the Services allow Users to post content, such as profile information, screenshots, comments, images, videos, files, job postings, and other content or information. Any such material a User submits, posts, displays, or otherwise makes available on the Service is "User Content". User Content includes, without limitation, logos, trademarks and service marks, trade names, and other information posted by users, which may be used by us for marketing and promotional purposes pursuant to the User Content license grant below. You agree to abide by all other applicable terms, such as Adinspiration’s Community Guidelines (which we may modify from time to time), when you post User Content and interact with other Users of the Services. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We have no liability for your interactions with other Users, or for any User's action or inaction.

2. You are entirely responsible for the content of, and any harm resulting from, your User Content. That is the case regardless of whether the User Content in question constitutes text, graphics, sound, or other media formats. By making User Content available through the Services, you represent and warrant that:

1. the downloading, copying and use of the User Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
2. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the User Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the User Content;
3. you have fully complied with any third-party licenses relating to the User Content, and have done all things necessary to successfully pass through to end users any required terms;
4. the User Content does not contain or install any viruses or other harmful or destructive content;
5. the User Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6. the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
7. you have, in the case of User Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Adinspiration or otherwise.

By uploading content to Adinspiration, users confirm that their content is original, does not infringe upon any third-party intellectual property rights, and complies with all applicable laws and regulations, including copyright, trademark, and privacy laws. Users grant Adinspiration a license to use, display, and distribute said content in connection with the service, under the condition that such content respects the intellectual property rights of others and adheres to established legal standards. Adinspiration reserves the right to remove any content that is found to violate these terms or any applicable laws

User Content License Grant. While you maintain all rights, including copyrights, that you own or control in User Content, you hereby grant the following licenses to your User Content:

1. To Adinspiration. By posting any User Content on the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Adinspiration a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Adinspiration’s business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Adinspiration may, but is not obliged, to cite you as the owner of such User Content in our marketing or other communications.
2. To Other Users. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, as permitted through the functionality of the Services and under these Terms.

Additional User Content Prohibitions. You agree not to post User Content that:

1. is pornographic, fraudulent, immoral, infringing, illegal, harassing, offensive, or defamatory material
2. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
3. may create a risk of any other loss or damage to any person or property;
4. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; may constitute or contribute to a crime or tort;
5. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
6. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets);
7. contains any information or content that would violate the privacy or publicity rights of any third party;
8. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
9. contains any information or content that you know is not correct and current; or
10. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

2. Our Proprietary Rights

Our Proprietary Rights. In these Terms, “Intellectual Property Rights” refers to all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may currently exist or later come into being, and all applications, registrations, renewals, and extensions thereof, under the laws of any state, province, territory, or other jurisdiction. Except for your User Content, the Services and all materials in them or transferred by them, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to AdInspiration, other Users, and other licensors to AdInspiration (the "AdInspiration Content"), and all Intellectual Property Rights related to it, are the exclusive property of AdInspiration and its licensors (including other Users who post User Content to the Services). Except as expressly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any AdInspiration Content. Use of the AdInspiration Content for any purpose not expressly permitted by these Terms is strictly prohibited You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Adinspiration under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Adinspiration does not waive any rights to use similar or related ideas previously known to Adinspiration, or developed by its employees, or obtained from sources other than you.

3. Paid Services

3.A. Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. Adinspiration may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you.
3.B. You agree that all refunds are at the sole discretion of Adinspiration. You may cancel your Adinspiration subscription at any time; if you cancel before the end of your billing cycle you have access to your subscription for the remainder of the billing cycle. In the event that Adinspiration suspends or terminates your subscription or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your subscription, or for anything else.
3.C. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

4. No Professional Advice

If the Service provides professional information (for example, financial, legal, economic), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

5. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy (https://www.adinspiration.com/privacy), and to have your personally identifiable information collected, used, transferred to and processed in the applicable jurisdictions, including Colombia and where our clients are based.

6. Security

Adinspiration cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

7. Third-Party Links

The Service may contain links to third-party websites, services or other events or activities that are not owned or controlled by Adinspiration. Adinspiration does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Adinspiration’s Privacy Policy do not apply to your use of such sites. You expressly relieve Adinspiration from any and all liability arising from your use of any third-party website, service, or content.

8. Indemnity

You agree to defend, indemnify and hold harmless Adinspiration and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

9. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event shall Adinspiration, its affiliates, agents, directors, employees, suppliers, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will Adinspiration be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the service or your account or the information contained therein. To the maximum extent permitted by applicable law, Adinspiration assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) the defamatory, offensive, or illegal conduct of any third party. In no event shall Adinspiration, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Adinspiration hereunder or $100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Adinspiration has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. The Service is controlled and operated by Adinspiration from its facilities in Colombia. Adinspiration makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local laws, including but not limited to export and import regulations.

11. Governing Law and Arbitration

11.A. Governing Law. This Agreement and any action related thereto shall be governed by the laws of Colombia without regard to its conflict of laws principles. The parties hereby agree that any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Colombia. This choice of jurisdiction does not prevent Adinspiration from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.

11.B. Arbitration. Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be resolved by arbitration administered by the Colombian Chamber of Commerce under its Arbitration Rules. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Bogota. The language to be used in the arbitral proceedings shall be Spanish. The governing law of the contract shall be the substantive law of Colombia.

13.B. Arbitration.

! To modify the arbitration clause to reflect that Adinspiration operates from Colombia without physical presence or operations in the applicable jurisdictions, including Colombia and where our clients are based, beyond serving clients there and maintaining an LLC, it is necessary to align the arbitration process with Colombian legal jurisdiction and possibly international arbitration standards that are recognized in Colombia. Below is a revised version of the section:

13.B. Arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ADINSPIRATION. In the unlikely event that Adinspiration has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Adinspiration claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration under the rules of the International Chamber of Commerce (ICC) then in effect, except as provided herein. The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties, or if no agreement can be reached, then by an arbitrator appointed by the ICC. The place of arbitration shall be Bogotá, Colombia, unless both you and Adinspiration agree otherwise. The arbitration proceedings shall be conducted in Spanish.

Each party will be responsible for paying any filing, administrative, and arbitrator fees in accordance with ICC rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Nothing in this Section shall be deemed as preventing Adinspiration from seeking injunctive or other equitable relief from the courts as necessary to protect any of Adinspiration’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, .COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

14.A. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Adinspiration, which may be withheld at Adinspiration's sole discretion. Adinspiration may assign this Agreement, in whole or in part, at any time with or without notice to you. Any attempted transfer or assignment in violation of this provision shall be null and void.

14.B. Notification Procedures and Changes to the Agreement. Adinspiration may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our website, at our discretion, in accordance with local regulations and international best practices. We reserve the right to determine the form and means of providing notifications to you, and you may opt out of certain means of notification as detailed in this Agreement. Please note that due to the international nature of our operations, Adinspiration's approach to notifications and modifications to this Agreement may be adjusted to comply with applicable laws and practices in Colombia and in jurisdictions where we operate. Changes to this Agreement will be communicated in a timely manner, and your continued use of the Service after such changes will constitute your acceptance of the new terms.

14.C. Entire Agreement/Severability. This Agreement, including any amendments and additional agreements you may enter into with Adinspiration regarding the Service, constitutes the entire agreement between you and Adinspiration. Should any provision of this Agreement be deemed invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Notwithstanding, the entire Agreement shall not be deemed unenforceable merely due to the invalidity of any single clause, unless otherwise stated by applicable law.

14.D. No Waiver. No waiver by Adinspiration of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Adinspiration to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

14.E. International Operations and Government Use. In recognition of Adinspiration's operations from Colombia and service to clients globally, including those in the United States, the Service and its documentation are provided under the terms that best align with international trade practices and the legal requirements of Colombia, unless otherwise required by specific government contracts or agreements. For services rendered to the United States government or any agency thereof, the Service is provided as "commercial items," "commercial computer software," or "commercial computer software documentation" in accordance with applicable U.S. Federal Acquisition Regulation and agency-specific regulations. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and in accordance with current policy governing the use of commercial software.

Note: The inclusion of specific legal terms, references to international law or practices, and adjustments to the notification and government use sections should be reviewed and possibly modified by legal counsel to ensure compliance with both Colombian laws and the legal requirements of any other jurisdiction in which Adinspiration operates or serves clients.

14.F. Contact. Please contact us at hello@adinspiration.com with any questions regarding this Agreement.