Acceptance of these terms
Welcome to BW Creative. These Terms of Service ("Terms") govern your access to and use of bwcreative.org and any tools, content, or services we offer through it (collectively, the "Site"). BW Creative is operated by Bryce Walls, based in Huntington Beach, California ("we," "us," "our").
By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Site.
Our services
BW Creative is a marketing studio offering services that may include brand strategy, content and creative production, paid media and growth, and social media management. The Site describes these services for informational and marketing purposes. Nothing on the Site constitutes an offer, guarantee, or binding commitment to provide services on specific terms.
Any actual engagement begins only when both parties sign a separate written agreement (a proposal, statement of work, or contract) that defines the specific scope, deliverables, timeline, and fees.
Social audit & free tools
The Site offers free interactive tools, including our social media audit, which generate a score and recommendations based on the answers you provide. These tools are provided for general informational purposes only. Scores, grades, and recommendations are automated estimates based on your inputs — they are not professional, legal, financial, or business advice, and we make no guarantee that acting on them will produce any particular result.
You are responsible for your own business decisions. We are not liable for actions you take, or decline to take, based on the output of any free tool on the Site.
Engagements, fees & payment
When you engage us for paid work, the following apply unless your signed agreement states otherwise:
- Scope & fees are defined in your statement of work. Work outside that scope may require a change order and additional fees.
- Payment terms (deposits, milestones, due dates) are set in your agreement. Late payments may pause work.
- Ownership of deliverables transfers to you only upon full payment, as described under Intellectual property.
- Cancellation terms are defined in your agreement; fees for work already performed are non-refundable unless stated otherwise.
Intellectual property
All content on the Site — including text, graphics, logos, the BW Creative name and marks, layouts, and code — is owned by or licensed to BW Creative and protected by intellectual property laws. You may not copy, reproduce, or redistribute Site content without our prior written permission.
For client work: we retain ownership of all work product, drafts, and underlying materials until the corresponding invoices are paid in full. Upon full payment, ownership of the final deliverables specified in your agreement transfers to you, except for any third-party assets (e.g., licensed stock, fonts, or software) and our own pre-existing tools, processes, and templates, which remain ours. We reserve the right to display non-confidential completed work in our portfolio and marketing unless your agreement says otherwise.
Acceptable use
When using the Site, you agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms;
- Submit false, misleading, or another person's information through our forms;
- Attempt to gain unauthorized access to the Site, its servers, or related systems;
- Introduce malware, scrape at scale, or interfere with the Site's normal operation;
- Infringe our or any third party's intellectual property or other rights.
Third-party links & services
The Site links to and integrates third-party services (such as scheduling tools, social platforms, analytics, and email providers). We do not control these services and are not responsible for their content, availability, or practices. Your use of a third-party service is governed by that party's own terms and privacy policy.
Disclaimer of warranties
The Site and all free tools are provided "as is" and "as available" without warranties of any kind, whether 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, error-free, secure, or that any results or recommendations will be accurate or reliable.
Limitation of liability
To the fullest extent permitted by law, BW Creative and its operator will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Site or any free tool, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Site (excluding paid engagements, which are governed by your signed agreement) will not exceed USD $100.
Indemnification
You agree to indemnify and hold harmless BW Creative and its operator from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your misuse of the Site, your violation of these Terms, or your infringement of any third-party right.
Governing law & disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Site will be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California, and you consent to that jurisdiction and venue. Before filing any claim, you agree to first contact us in good faith to attempt to resolve the matter informally.
Changes to these terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
Severability
If any provision of these Terms is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Contact
Questions about these Terms? Reach us at:
- Email: bryce@bwcreative.org
- Website: bwcreative.org
- Location: Huntington Beach, California, USA