TERMS AND CONDITIONS
Last updated: April 8, 2025

AGREEMENT TO OUR LEGAL TERMS

Prism Modern LLC ("Company," "we," "us," "our") is a registered company based in Oregon, United States. We operate the website https://www.prismmodern.com (the "Site"), as well as other products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

We specialize in providing design services to help clients bring their projects to life visually and experientially.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to comply with these Legal Terms. If you do not agree with these terms, you must immediately stop using the Services.

These Legal Terms are a legally binding agreement between you and Prism Modern LLC. We may update these terms at our discretion, and we will notify you of any changes by updating the "Last updated" date on this page. It is your responsibility to review these terms periodically. Your continued use of the Services after changes have been posted signifies your acceptance of those changes.

Our Services are intended for users who are 18 years of age or older. Individuals under the age of 18 are prohibited from using or registering for the Services.

TABLE OF CONTENTS

Our Services
Intellectual Property Rights
User Representations
Prohibited Activities
User-Generated Contributions
Contribution License
Services Management
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
California Users and Residents
Miscellaneous
Contact Us

1. OUR SERVICES

The information provided through the Services is not intended for use by anyone in jurisdictions where such use would be illegal or would require us to register in that jurisdiction. Those who access the Services from other locations do so at their own risk and are responsible for compliance with local laws.

Our Services are not designed to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your use of the Services would be subject to such regulations, you are prohibited from using the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Our Intellectual Property:
We own or have licenses for all intellectual property rights related to the Services, including the source code, databases, software, designs, text, photos, audio, video, and any other content ("Content") as well as trademarks, service marks, and logos ("Marks").

All Content and Marks are protected by copyright, trademark, and other intellectual property laws, both in the United States and globally.

Your Use of Our Services:
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, and revocable license to:

Access the Services;
Download or print content solely for personal, non-commercial use or internal business purposes.

You may not copy, reproduce, distribute, or use the Services for any commercial purpose without our explicit prior written consent. Any unauthorized use of our Content or Marks will result in the immediate termination of your right to use the Services.

Submissions:
If you send us any feedback, comments, suggestions, or other submissions related to the Services ("Submissions"), you grant us all intellectual property rights in such Submissions. We may use these Submissions for any lawful purpose without acknowledging or compensating you.

By submitting content, you confirm that it does not violate any third-party intellectual property rights and that you have the necessary rights and authority to submit the content.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

You are legally capable of agreeing to these Legal Terms.
You are not a minor in your jurisdiction.
You will not use automated means (e.g., bots or scripts) to access the Services.
You will not use the Services for any unlawful purpose.
Your use of the Services will comply with all applicable laws and regulations.

If any of the information you provide is untrue or incomplete, we may suspend or terminate your account and refuse future access to the Services.

4. PROHIBITED ACTIVITIES

You may not use the Services for any unauthorized commercial purpose or engage in any activities that violate applicable laws. Specific prohibited activities include, but are not limited to:

Collecting data or creating databases from the Services without permission.
Attempting to trick or mislead us or other users.
Circumventing security features of the Services.
Using the Services for harassment or harmful actions toward others.
Uploading or transmitting harmful materials like viruses or malware.
Using automated tools to scrape or extract data from the Services.

Please refer to the full "Prohibited Activities" section for more information on acceptable use.

5. USER GENERATED CONTENT

The Services do not allow users to submit or post content directly. However, we may provide you with the opportunity to create, submit, display, transmit, perform, publish, distribute, or broadcast content and materials through the Services, such as text, images, videos, audio, suggestions, personal information, or other material ("Contributions"). Contributions may be accessible to other users and may be shared on third-party websites. By submitting Contributions, you represent and warrant that:

You have the necessary rights, consents, and permissions to create, distribute, and allow the use of your Contributions in any manner the Services intend.
Your Contributions do not violate any third-party intellectual property rights (such as copyright, patents, trademarks, or trade secrets).
You are the creator and owner of your Contributions, or have the necessary licenses and permissions for their use.
You have obtained written consent, release, or permission from any identifiable individuals in your Contributions to use their names or likenesses.
Your Contributions are truthful and accurate.
Your Contributions are not unsolicited advertising, spam, or promotional materials.
Your Contributions do not contain harmful or inappropriate content, including but not limited to hate speech, harassment, or unlawful behavior.
Your Contributions comply with applicable laws and do not infringe on the rights of others, including privacy or intellectual property rights.
Your Contributions do not violate laws related to child protection, or include offensive comments based on race, gender, sexual preference, or disability.

Failure to comply with these standards may result in termination or suspension of your access to the Services.

6. CONTRIBUTION LICENSE

By submitting feedback or suggestions to the Services, you grant us permission to use such feedback for any purpose without compensation. While you retain ownership of your Contributions and associated intellectual property rights, you agree that we can access, store, and use your personal data in accordance with your choices and settings.

We are not responsible for the content of your Contributions and you agree to hold us harmless from any legal action arising from the use of your Contributions.

7. SERVICES MANAGEMENT

We reserve the right to monitor the Services for violations of these terms, take legal action against violators, and manage the Services to ensure they function properly. This includes the right to remove or disable any content or contributions that may harm the operation of the Services or violate these terms.

8. TERM AND TERMINATION

These terms will remain in effect while you use the Services. We reserve the right to deny access or suspend your account at our discretion for violations of these terms or for any other reason, without notice. If your account is suspended or terminated, you may not register for a new account under any name or third-party identity.

9. MODIFICATIONS AND INTERRUPTIONS

We may change or remove content from the Services at any time, without notice. We are not liable for any interruptions, delays, or errors in the Services due to hardware or software issues, or maintenance.

10. GOVERNING LAW

These terms are governed by the laws of the State of Oregon. All disputes shall be resolved in Oregon, in accordance with its laws.

11. DISPUTE RESOLUTION

Informal Negotiations
Before initiating formal proceedings, we agree to attempt to resolve any disputes through informal negotiations for at least 30 days.

Binding Arbitration
If informal negotiations fail, disputes will be resolved by binding arbitration. Arbitration will be conducted by the American Arbitration Association (AAA), and the location will be in Multnomah County, Oregon. Legal disputes must be initiated within one year of the cause of action.

Exclusions
Certain disputes, including those regarding intellectual property, privacy violations, and claims for injunctive relief, are not subject to arbitration.

12. CORRECTIONS

We may occasionally update or correct content on the Services, including descriptions, pricing, and availability, without prior notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOU USE THE SERVICES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SERVICES OR ANY THIRD-PARTY WEBSITES OR MOBILE APPLICATIONS LINKED TO THEM. WE WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (1) ERRORS, INACCURACIES, OR OMISSIONS IN CONTENT OR MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION STORED THERE; (4) INTERRUPTION OR DISRUPTION OF THE SERVICES; (5) THE PRESENCE OF BUGS, VIRUSES, OR TROJAN HORSES IN THE SERVICES THAT MAY BE TRANSMITTED BY THIRD PARTIES; OR (6) ANY ERRORS OR OMISSIONS IN THE CONTENT OR MATERIALS, OR ANY LOSS OR DAMAGE INCURRED FROM USING CONTENT MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT ENDORSE, WARRANT, OR TAKE RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICES OR ANY LINKED WEBSITE OR MOBILE APPLICATION. WE WILL NOT BE INVOLVED IN OR LIABLE FOR ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH ANY PURCHASE OR TRANSACTION, YOU SHOULD EXERCISE CAUTION AND USE YOUR BEST JUDGMENT.

14. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE, INCLUDING OUR DIRECTORS, EMPLOYEES, OR AGENTS, BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR MAXIMUM LIABILITY TO YOU FOR ANY CLAIM, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES OR $100.00 USD. CERTAIN STATE AND INTERNATIONAL LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR DAMAGES, AND IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT BE ENFORCEABLE, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us, including our subsidiaries, affiliates, and all of our respective officers, agents, employees, partners, and representatives, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and associated costs, made by any third party arising from or in connection with: (1) your use of the Services; (2) any violation of these Legal Terms; (3) any breach of your representations and warranties under these Legal Terms; (4) your infringement of a third party's rights, including but not limited to intellectual property rights; or (5) any intentional harmful actions directed toward another user of the Services with whom you interacted. However, we reserve the right, at your cost, to assume exclusive defense and control of any matter for which you are obligated to indemnify us, and you agree to cooperate, at your own expense, in the defense of such claims. We will make reasonable efforts to inform you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.

16. USER DATA

We maintain data you provide to manage the Services and will not be liable for the loss or corruption of your data. You are responsible for backing up any data you transmit or create.

17. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receive communications electronically. All agreements, notices, and other communications will be provided electronically and satisfy any legal requirement for written communication.

18. CALIFORNIA USERS AND RESIDENTS

If you are a California resident and have unresolved complaints, you may contact the California Department of Consumer Affairs for assistance.

19. MISCELLANEOUS

These Terms constitute the entire agreement between you and us. If any provision is found to be unenforceable, the remaining terms will remain in effect. We may assign our rights and obligations at any time. There is no joint venture, partnership, or agency relationship between you and us.

20. CONTACT US

If you have any questions or need assistance, you can reach us at:

Email: info@prismmodern.com

We are happy to help with any concerns regarding the Services.