Terms & Conditions

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and FluffNSuds ("FluffNSuds," "we," "us," or "our") governing your access to and use of the website located at fluffnsuds.com, any subdomains, our FluffNSuds Digital Studio services, and any related content, features, or applications (collectively, the "Services").

By accessing, browsing, or otherwise using the Services, you represent that you are at least eighteen (18) years of age, have the legal capacity to enter into a binding contract under the laws of the Commonwealth of Virginia, and agree to be bound by these Terms, our Privacy Policy, and any additional terms referenced herein. If you do not agree, you must immediately discontinue use of the Services.

We reserve the right, in our sole discretion, to modify these Terms at any time. Modifications become effective upon posting to this page with a revised "Effective Date." Your continued use of the Services after such posting constitutes your acceptance of the revised Terms to the extent permitted by applicable law.

The Services are intended for individuals who are eighteen (18) years of age or older and located within the United States. By using the Services, you represent and warrant that you meet these eligibility requirements and that your use of the Services does not violate any applicable federal, state, or local law, regulation, or ordinance, including the laws of the Commonwealth of Virginia.

You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Services by any third party. Without limiting the foregoing, you agree not to (a) violate any applicable law, including the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510 et seq., the Virginia Computer Crimes Act, Va. Code § 18.2-152.1 et seq., or any export-control, anti-spam, or consumer-protection statute; (b) introduce any viruses, trojans, worms, logic bombs, ransomware, or other material that is malicious or technologically harmful; (c) attempt to gain unauthorized access to the Services, the servers on which the Services are stored, or any related database, system, or network; (d) interfere with or disrupt the integrity, security, or performance of the Services; (e) use any robot, spider, scraper, or other automated means to access the Services without our express written permission; or (f) impersonate any person or entity or misrepresent your affiliation with any person or entity.

FluffNSuds Digital Studio provides website design, landing page, branding, and logo services (the "Studio Services") under separate written engagement letters, statements of work, proposals, or invoices (each, an "Order"). The specific scope, deliverables, timeline, fees, payment terms, and revision limits applicable to each engagement will be set forth in the applicable Order, which is incorporated into these Terms by reference.

All fees are quoted and payable in United States Dollars and are non-refundable except as expressly set forth in the applicable Order. Late payments may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law under Va. Code § 6.2-302.

Unless otherwise agreed in writing, upon receipt of full payment, you will own the final, accepted creative deliverables produced under an Order, excluding (i) any pre-existing materials, templates, software, fonts, stock assets, or know-how owned or licensed by FluffNSuds or third parties, and (ii) any third-party components, which remain subject to their respective licenses. FluffNSuds reserves the right to display non-confidential portions of completed deliverables in its portfolio and marketing materials.

All content on the Services, including but not limited to text, graphics, logos, icons, images, audio, video, software, designs, and the selection and arrangement thereof, is the property of FluffNSuds or its licensors and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws, including the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq., and the Lanham Act, 15 U.S.C. §§ 1051 et seq.

Subject to your compliance with these Terms, FluffNSuds grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. No other right or license is granted, whether by implication, estoppel, or otherwise. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or exploit any portion of the Services without our prior express written permission.

FluffNSuds responds to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. Notices should be sent to our designated agent at hello@fluffnsuds.com.

If you submit any content to us through the Services or otherwise, including reviews, comments, testimonials, ideas, suggestions, or feedback (collectively, "User Submissions"), you grant FluffNSuds a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Submissions in any media for any lawful purpose.

You represent and warrant that (a) you own or control all rights in and to the User Submissions, (b) the User Submissions are accurate, (c) use of the User Submissions does not violate these Terms or any applicable law, and (d) the User Submissions will not cause injury to any person or entity. You are solely responsible for your User Submissions and the consequences of submitting them.

The Services may contain links to, integrations with, or content from third-party websites, applications, or services ("Third-Party Services"). FluffNSuds does not control, endorse, or assume any responsibility for any Third-Party Services. Your use of Third-Party Services is at your sole risk and subject to the applicable third party's terms and privacy practices.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL CONTENT, DELIVERABLES, AND MATERIALS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. FLUFFNSUDS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AS PROVIDED UNDER THE VIRGINIA UNIFORM COMMERCIAL CODE, VA. CODE § 8.2-316.

FluffNSuds does not warrant that the Services will be uninterrupted, secure, error-free, free of viruses or other harmful components, or that defects will be corrected. No advice or information, whether oral or written, obtained from FluffNSuds or through the Services will create any warranty not expressly stated in these Terms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLUFFNSUDS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLUFFNSUDS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF FLUFFNSUDS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO FLUFFNSUDS FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO PORTIONS OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

You agree to defend, indemnify, and hold harmless FluffNSuds and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms; (b) your use or misuse of the Services; (c) your User Submissions; or (d) your violation of any applicable law or the rights of any third party.

We may, in our sole discretion and without liability, suspend or terminate your access to all or any part of the Services at any time, with or without notice, including if we believe you have violated these Terms or any applicable law. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and applicable federal laws of the United States, without regard to any conflict-of-laws principles that would require the application of the laws of any other jurisdiction.

Subject to the Dispute Resolution section below, you and FluffNSuds irrevocably agree that the exclusive jurisdiction and venue for any judicial action arising out of or relating to these Terms or the Services shall lie in the state or federal courts located in Charlottesville, Virginia, and each party hereby consents to the personal jurisdiction of such courts and waives any objection based on forum non conveniens.

Before initiating any formal legal proceeding, the parties agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms through informal negotiation by sending written notice to hello@fluffnsuds.com describing the dispute and the requested resolution. The parties shall confer in good faith for at least thirty (30) days following such notice.

If the dispute is not resolved through informal negotiation, either party may pursue available remedies in the courts identified in the Governing Law and Venue section, subject to all applicable rights and defenses.

FluffNSuds shall not be liable for any failure or delay in performance under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, utility outages, or third-party service provider failures.

These Terms, together with the Privacy Policy and any applicable Order, constitute the entire agreement between you and FluffNSuds regarding the Services and supersede all prior or contemporaneous understandings. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

No waiver by FluffNSuds of any term or condition shall be deemed a further or continuing waiver of such term or any other term. You may not assign or transfer these Terms without our prior written consent; any attempted assignment in violation of this provision is void. FluffNSuds may assign these Terms freely.