Terms & Conditions
Terms and Conditions
Pink Ember MKTG & Co. Effective Date: February 17, 2026 Last Updated: February 17, 2026
1. Agreement to Terms
By accessing and using the website pinkembermktg.co (the "Site"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of these Terms, you must not use the Site. Pink Ember MKTG & Co. ("we," "us," or "our") reserves the right to modify these Terms at any time, and your continued use of the Site constitutes acceptance of any changes.
2. Services
Pink Ember MKTG & Co. is a boutique marketing agency offering photography, cinematography, AI content creation, social media management, branding, web design, and related creative services. Specific services, deliverables, timelines, and pricing are outlined in individual service agreements or proposals provided to clients. These Terms govern your use of the Site; separate service agreements govern client engagements.
3. Use of the Site
You agree to use the Site only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict their use of the Site. You agree not to:
-
Use the Site in any way that violates applicable laws or regulations
-
Attempt to gain unauthorized access to any part of the Site or its systems
-
Introduce viruses, malware, or other harmful material to the Site
-
Reproduce, duplicate, copy, sell, or exploit any portion of the Site without our express written permission
-
Use automated systems, including bots or scrapers, to access the Site
-
Misrepresent your identity or affiliation with any person or entity
4. Intellectual Property
All content on the Site, including but not limited to text, graphics, logos, images, photographs, videos, designs, and software, is the property of Pink Ember MKTG & Co. or its content creators and is protected by United States and international copyright, trademark, and intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any content from the Site without our prior written consent.
Our name, logo, and all related marks are trademarks of Pink Ember MKTG & Co. Unauthorized use of our trademarks is strictly prohibited.
5. Portfolio and Creative Work
Photographs, videos, and creative work displayed on the Site are the property of Pink Ember MKTG & Co. and/or our clients. These works are displayed for portfolio and promotional purposes only. Downloading, copying, or using portfolio content without written authorization is prohibited.
6. Client Content and Deliverables
Ownership and usage rights for client deliverables are governed by the individual service agreement between Pink Ember MKTG & Co. and the client. Unless otherwise stated in a service agreement:
-
Pink Ember MKTG & Co. retains ownership of all creative work, including raw files, until full payment is received.
-
Upon full payment, clients receive a license to use deliverables as specified in the service agreement.
-
Pink Ember MKTG & Co. reserves the right to use completed work for portfolio, marketing, and promotional purposes unless otherwise agreed upon in writing.
7. Contact Form and Communications
When you submit information through our contact form or communicate with us via email or phone, you consent to receiving communications from us related to your inquiry. We will not add you to marketing lists without your explicit consent. Information submitted through the contact form is subject to our Privacy Policy.
8. Third-Party Links
The Site may contain links to third-party websites or services that are not owned or controlled by Pink Ember MKTG & Co. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. You access third-party links at your own risk.
9. Disclaimer of Warranties
The Site and its content 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, and non-infringement.
We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We make no guarantees regarding the accuracy, completeness, or reliability of any content on the Site.
10. Limitation of Liability
To the fullest extent permitted by law, Pink Ember MKTG & Co. and its owners, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of or inability to use the Site.
Our total liability to you for any claim arising from or related to the Site shall not exceed the amount you paid to us, if any, for accessing the Site during the twelve months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Pink Ember MKTG & Co. and its owners, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts located in the State of Colorado.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Pink Ember MKTG & Co. regarding your use of the Site.
15. Changes to These Terms
We reserve the right to update or modify these Terms at any time without prior notice. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after any changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.
16. Contact Us
If you have any questions about these Terms, please contact us:
Pink Ember MKTG & Co. Email: info@pinkembermktg.co Phone: 303-990-3099 Website: pinkembermktg.co