Terms of Use
Effective date: August 6, 2026
Last updated: August 6, 2026
Welcome to Living Proof Creative. For 12 years, we have helped businesses bring ideas to life through strategy, design, technology, ecommerce, and marketing. These Terms of Use explain the rules that apply when you visit or use our website.
These Terms of Use (“Terms”) are a binding agreement between you and Living Proof Creative (“Living Proof Creative,” “we,” “us,” or “our”). They govern your access to and use of livingproofcreative.com and any other website or online service we operate that links to these Terms (collectively, the “Site”).
Please read these Terms carefully. By accessing or using the Site, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Site.
1. Scope of These Terms
These Terms apply to the Site and its content. They do not govern creative, strategy, design, development, hosting, ecommerce, marketing, consulting, or other professional services that Living Proof Creative provides to clients. Those services are governed by the applicable proposal, statement of work, master services agreement, hosting agreement, or other written client contract. If a client contract conflicts with these Terms regarding client services, the client contract controls.
If you use the Site on behalf of a company or another organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” includes both you and the organization.
2. Changes to These Terms or the Site
We may update these Terms from time to time to reflect changes to the Site, our business, or applicable law. When we update them, we will revise the “Last updated” date above. Updated Terms become effective when posted unless we state otherwise. Your continued use of the Site after the effective date of updated Terms constitutes acceptance of those changes.
We may modify, suspend, or discontinue any part of the Site at any time. We are not obligated to maintain, update, or continue offering any particular content or feature.
3. Privacy
Our Privacy Policy explains how we collect, use, disclose, and protect personal information. By using the Site, you acknowledge the practices described in that policy.
4. Site Content and Intellectual Property
The Site and its content—including text, articles, case studies, graphics, photographs, illustrations, videos, audio, animations, interfaces, layouts, designs, logos, icons, software, code, data, and the selection and arrangement of those materials (collectively, “Content”)—are owned by Living Proof Creative, our clients, our licensors, or other rights holders. The Content is protected by copyright, trademark, trade dress, and other intellectual property laws.
Living Proof Creative and its associated names, logos, slogans, and design elements are trademarks or service marks of Living Proof Creative. Other names and marks appearing on the Site belong to their respective owners. Nothing in these Terms grants you a license to use any trademark, logo, or brand element without the prior written permission of the owner.
5. Limited Permission to Use the Site
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Site and Content for your own lawful, informational, and internal business-evaluation purposes.
You may print or save reasonable portions of publicly available Content for those purposes, provided you keep all copyright, trademark, and other notices intact. No other rights are granted. Without our prior written permission, you may not reproduce, republish, distribute, sell, license, publicly display, publicly perform, modify, translate, create derivative works from, scrape, frame, mirror, or commercially exploit the Site or Content.
6. Acceptable Use
You agree not to:
- Use the Site for an unlawful, fraudulent, deceptive, harmful, or abusive purpose;
- Violate another person’s privacy, publicity, intellectual property, contractual, or other rights;
- Upload or transmit malware, malicious code, corrupted files, or other harmful technology;
- Attempt to gain unauthorized access to the Site, its servers, accounts, networks, or connected systems;
- Probe, scan, or test the vulnerability of the Site or bypass a security or access-control measure, except under a written authorization from Living Proof Creative;
- Interfere with the Site’s operation or another person’s use of the Site, including through denial-of-service activity, excessive automated requests, or similar conduct;
- Use a bot, crawler, scraper, or other automated means to access or collect Content or data from the Site without our written permission, except for standard search-engine indexing that follows our published instructions;
- Impersonate another person or entity, misrepresent your affiliation, or submit false or misleading information;
- Remove or alter a copyright, trademark, attribution, or other proprietary notice;
- Use the Site or Content to develop, train, test, or improve an artificial intelligence or machine-learning system without our prior written permission; or
- Encourage, assist, or attempt any prohibited activity.
We may investigate suspected violations and may restrict or terminate access to the Site when we reasonably believe a user has violated these Terms or created risk for Living Proof Creative, our clients, our systems, or others.
7. Information and Materials You Submit
The Site may allow you to send an inquiry, project information, files, feedback, or other materials (collectively, “Submissions”). You retain any ownership rights you have in your Submissions.
You grant Living Proof Creative a non-exclusive, worldwide, royalty-free license to host, copy, transmit, review, and otherwise use a Submission only as reasonably necessary to respond to you, evaluate a potential project or relationship, operate the Site, protect our systems, and comply with law. This license ends when the relevant purpose is complete, except where continued retention is permitted by our Privacy Policy, required by law, or reasonably necessary to establish or defend legal rights.
You represent that you have the right to provide each Submission and that our permitted use will not violate another person’s rights or applicable law. Do not submit malware, unlawful material, or information you are not authorized to share.
Confidential Information
A general website inquiry does not create a confidential, fiduciary, professional, or client relationship. Unless a separate written confidentiality agreement applies, please do not use the Site to send trade secrets or highly confidential, sensitive, or regulated information. If you are an existing client, use the communication and file-sharing methods agreed upon with your Living Proof Creative team.
Feedback
If you voluntarily send general suggestions or feedback about the Site or our business, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation. This feedback provision does not transfer ownership of client work, project materials, or original creative materials submitted under a separate written agreement.
8. Portfolio, Case Studies, and Third-Party Materials
The Site may display work created for clients, client names or trademarks, testimonials, awards, platform logos, stock materials, or other third-party content. Those materials remain the property of their respective owners and are used for identification, commentary, attribution, portfolio, or other permitted purposes. Their appearance does not grant you permission to use them.
Case studies, testimonials, and project examples describe specific circumstances. They are not promises or guarantees that another client or project will achieve the same outcome.
9. Third-Party Websites and Services
The Site may link to or integrate with websites, platforms, products, or services operated by third parties. We provide those connections for convenience or information. Living Proof Creative does not control and is not responsible for third-party content, availability, security, products, services, or privacy practices.
A link does not necessarily mean that Living Proof Creative endorses or is affiliated with the third party. Your use of a third-party service is governed by that party’s own terms and policies, and you use it at your own risk.
10. Informational Content and No Guaranteed Results
The Site provides general information about Living Proof Creative, our experience, our services, and topics related to strategy, branding, design, technology, ecommerce, search, and marketing. Site Content is not legal, financial, tax, accounting, or other regulated professional advice. You should consult an appropriate professional about your specific circumstances.
Business, ecommerce, search, advertising, design, development, and marketing outcomes depend on many factors outside our control. Content, projections, examples, recommendations, and descriptions on the Site do not guarantee traffic, rankings, revenue, conversion rates, availability, performance, or any other result. Any commitments concerning client work must appear in a separate written client agreement.
11. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. LIVING PROOF CREATIVE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE OR CONTENT WILL BE COMPLETE, CURRENT, ACCURATE, UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, ITS SERVERS, OR FILES AVAILABLE THROUGH IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR USING APPROPRIATE SECURITY TOOLS AND FOR MAINTAINING BACKUPS OF YOUR DATA.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. THIS SECTION DOES NOT ALTER WARRANTIES OR COMMITMENTS EXPRESSLY INCLUDED IN A SEPARATE WRITTEN CLIENT AGREEMENT.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, LIVING PROOF CREATIVE AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, USE, OR DATA; OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR RELATED TO THE SITE, CONTENT, OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY AND EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LIVING PROOF CREATIVE AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, CONTENT, OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. THEY ALSO DO NOT REPLACE A DIFFERENT LIABILITY PROVISION EXPRESSLY AGREED TO IN A SEPARATE WRITTEN CLIENT CONTRACT.
13. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless Living Proof Creative and its owners, officers, employees, contractors, and agents from claims, liabilities, damages, judgments, losses, and reasonable costs and attorneys’ fees arising from your unlawful or unauthorized use of the Site, your Submissions, your violation of these Terms, or your infringement of another person’s rights.
We may assume control of the defense of a covered matter at our expense, and you agree to reasonably cooperate. You may not settle a claim in a way that imposes an obligation on Living Proof Creative or admits wrongdoing by Living Proof Creative without our written consent.
14. Intellectual Property Concerns
If you believe material on the Site infringes your copyright, trademark, or other intellectual property right, please email [email protected] with:
- Your name and contact information;
- Identification of the protected work or right;
- The exact URL or a clear description of the material at issue;
- An explanation of why you believe the use is unauthorized; and
- A statement that the information in your notice is accurate and that you are the rights holder or are authorized to act for the rights holder.
We may remove or restrict access to material while we review a good-faith complaint.
15. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Any dispute arising from or relating to the Site or these Terms must be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction and venue of those courts.
If applicable law does not permit this choice of law or venue, the mandatory protections and forum requirements of that law will apply to the extent required.
16. Use Outside the United States
Living Proof Creative operates the Site from the United States. We do not represent that the Site or Content is appropriate, available, or lawful in every location. If you access the Site from outside the United States, you do so on your own initiative and are responsible for complying with applicable local laws.
17. General Terms
Severability. If a court finds a provision of these Terms unlawful or unenforceable, that provision will be enforced to the maximum extent permitted or modified to best reflect its intent. The remaining provisions will remain in effect.
No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later. A waiver must be in writing and signed by Living Proof Creative.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
Headings. Section headings are provided for convenience and do not affect interpretation.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Living Proof Creative regarding use of the Site. They do not replace or modify a separate written agreement governing client services, employment, confidentiality, or another business relationship.
18. Contact Us
Questions about these Terms may be sent to:
Living Proof Creative
Attn: Legal
2501 E. 11th Street, #1
Austin, TX 78702
Email: [email protected]
Phone: +1 512-537-9347
