1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Rogue Productions, LLC (“Company,” “we,” “us,” or “our”), a Florida limited liability company, governing your access to and use of our website located at rogueproductions.net (the “Site”) and all related services, platforms, applications, products, and deliverables (collectively, the “Services”).
By accessing, browsing, or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately discontinue use of our Services.
Your continued use of the Services following the posting of any changes to these Terms constitutes your acceptance of those changes.
2. Eligibility
You must be at least eighteen (18) years of age and possess the legal authority to enter into a binding agreement to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements. If you are using our Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. Description of Services
Rogue Productions, LLC provides the following Services, which may be updated, modified, or discontinued at any time at our sole discretion:
- Start-Up Website and Domain Packages: Web design and development services bundled with domain registration and hosting configurations.
- Photography Presets: Digital photography editing presets available for purchase and download.
- Custom Creative Solutions: Bespoke branding, design, content creation, and digital strategy services as agreed upon in individual project proposals.
Specific terms for individual projects or purchases may be outlined in separate proposals, statements of work, or order confirmations, which are incorporated into these Terms by reference. In the event of a conflict between these Terms and a specific project agreement, the terms of the specific project agreement shall prevail with respect to that project.
4. User Accounts
Certain features of our Services may require you to create an account. You are responsible for:
- Providing accurate, current, and complete information during registration.
- Maintaining the security and confidentiality of your account credentials.
- All activities that occur under your account, whether authorized by you or not.
- Immediately notifying us of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to a violation of these Terms. You acknowledge and agree that we shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
5. Acceptable Use
You agree to use our Services only for lawful purposes and in compliance with these Terms. You agree not to:
- Use the Services for any purpose that is unlawful, fraudulent, or harmful.
- Attempt to gain unauthorized access to any part of the Services, other users’ accounts, or computer systems or networks connected to the Services.
- Introduce viruses, malware, or other malicious or technologically harmful code to the Services.
- Engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
- Scrape, crawl, or use automated tools to extract data from the Services without our express written consent.
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
- Use the Services to transmit any unsolicited or unauthorized advertising, promotional materials, spam, or similar solicitations.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software used in the Services.
- Reproduce, distribute, publicly display, or create derivative works based on any content from the Services without our express written permission.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including reporting the violator to law enforcement authorities.
6. Intellectual Property
6.1 Our Intellectual Property
All content, features, functionality, design, text, graphics, logos, icons, images, audio, video, software, and other materials available through the Services (collectively, “Company Content”) are owned by or licensed to Rogue Productions, LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. This license does not include the right to reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Company Content without our express written consent.
6.2 Client Deliverables
Upon full payment for Services rendered, you will receive a license to use the deliverables created specifically for your project as outlined in the applicable project agreement. Unless expressly stated otherwise in a written agreement, Rogue Productions, LLC retains ownership of all underlying code, frameworks, tools, templates, and methodologies used in creating your deliverables.
6.3 Photography Presets
Photography presets purchased from us are licensed for personal and commercial use by the purchaser only. Redistribution, resale, or sharing of preset files is strictly prohibited. We reserve the right to revoke the license of any user found to be in violation of these restrictions.
7. User Content
You may submit content, materials, or information to us through the Services (“User Content”). By submitting User Content, you represent and warrant that:
- You own or have the necessary rights, licenses, and permissions to submit the User Content.
- The User Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
- The User Content does not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable.
You grant Rogue Productions, LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing our Services to you. We may also use anonymized or aggregated versions of completed projects in our portfolio unless you explicitly request otherwise in writing.
8. Payment Terms
Fees for our Services are as described in the applicable project proposal, order confirmation, or product listing. Unless otherwise specified:
- All fees are quoted and payable in United States Dollars (USD).
- Payment is due according to the schedule outlined in the project proposal or at the time of purchase for digital products.
- Late payments may accrue interest at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is less.
- You are responsible for all applicable taxes, duties, and fees associated with your purchase.
We reserve the right to suspend or terminate Services if payment is not received when due. All payment transactions are processed through secure third-party payment processors. We do not store credit card numbers or sensitive financial data on our servers.
9. Delivery of Digital Products
Digital products (including photography presets) will be delivered electronically following confirmed payment. Delivery methods may include direct download links or delivery via email. The specific delivery mechanism will be communicated to you at the time of purchase.
Rogue Productions, LLC utilizes secure automated delivery systems, including Microsoft Azure services, to process and deliver digital products. We will make commercially reasonable efforts to ensure timely delivery; however, we are not liable for delays caused by technical issues, network problems, or circumstances beyond our reasonable control.
10. Refund Policy
10.1 Digital Products
Due to the nature of digital products, all sales of photography presets and other downloadable products are final. No refunds will be issued once a digital product has been delivered or made available for download, except where required by applicable law.
10.2 Service Projects
Refund eligibility for website packages and custom projects is determined on a case-by-case basis and is governed by the terms of the applicable project agreement. Generally:
- Deposits are non-refundable and cover the cost of discovery, planning, and initial design work.
- If the Company fails to deliver agreed-upon Services, a prorated refund may be issued for undelivered portions of the project.
- Refunds will not be issued for completed work that has been approved by the client.
- Requests for changes beyond the agreed project scope may incur additional fees.
11. Disclaimers and Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Rogue Productions, LLC DOES NOT WARRANT THAT:
- THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS;
- ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
Any material downloaded or otherwise obtained through the use of our Services is accessed at your own discretion and risk. You are solely responsible for any damage to your equipment or data that results from the download of any such material.
We make commercially reasonable efforts to ensure the security and privacy of your data, as described in our Privacy Policy. However, no digital platform can guarantee absolute security, and we disclaim liability for security breaches that occur despite our reasonable security measures.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Rogue Productions, LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
- LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES;
- DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES;
- DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS;
- DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON THE SERVICES;
- DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU AND Rogue Productions, LLC AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.
13. Indemnification
You agree to indemnify, defend, and hold harmless Rogue Productions, LLC, its officers, directors, members, employees, agents, contractors, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or related to:
- Your use of the Services or any activity occurring under your account.
- Your violation of these Terms or any applicable law or regulation.
- Your violation of any rights of a third party, including intellectual property, privacy, or publicity rights.
- Any User Content you submit, post, or transmit through the Services.
- Any misrepresentation made by you.
You acknowledge and agree that Rogue Productions, LLC shall not be responsible for any legal fees, court costs, or other expenses incurred by you in connection with any claim, dispute, or legal proceeding arising from or related to these Terms, your use of the Services, or any transaction between you and the Company, regardless of the outcome.
14. Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination:
- Your right to use the Services will immediately cease.
- We may delete your account and any associated data, subject to our data retention obligations.
- All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, warranty disclaimers, indemnification, and limitation of liability.
- Any outstanding payment obligations remain due and payable.
You may terminate your account at any time by contacting us. Termination of your account does not relieve you of any obligation to pay fees owed for Services already provided.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days.
If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration administered in Escambia County, Florida, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding on both parties, and judgment upon the award may be entered in any court having jurisdiction.
YOU AND Rogue Productions, LLC AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
16. Force Majeure
Rogue Productions, LLC shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions or orders, labor disputes, fire, flood, earthquake, utility or service interruptions, cyberattacks, internet or telecommunications failures, or disruptions in third-party services (including cloud hosting providers).
17. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, while preserving the original intent of the provision. The remaining provisions of these Terms shall continue in full force and effect.
18. Entire Agreement
These Terms, together with our Privacy Policy and any applicable project agreements or order confirmations, constitute the entire agreement between you and Rogue Productions, LLC with respect to the subject matter hereof. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Changes to These Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. Material changes will be posted on this page with an updated “Last Updated” date. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms.
It is your responsibility to review these Terms periodically for changes. If you do not agree with the modified Terms, you must discontinue your use of the Services.
20. Contact Information
If you have questions or concerns about these Terms of Service, please contact us at:
Rogue Productions, LLC
Pensacola, FL
Website: rogueproductions.net/contact