AGREEMENT TO OUR LEGAL TERMS
We are Bigfoot Flamingo, LLC doing business as Flamingo Creative (“Company,” “we,” “us,” “our”), a company registered in Florida, United States at 12995 S CLEVELAND AVE STE 160, Fort Myers, FL 33907.
We operate the website flamingocreativenet (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
We provide a fractional marketing service that unifies and automates a business’s entire marketing strategy. We specialize in building all-in-one solutions and selling software to simplify lead generation, improve online reputation, and drive predictable growth.
You can contact us by phone at (239) 241-8254, email at stephanie@flamingocreative.net, or by mail to 522 Chamonix Ave. S, Lehigh Acres, FL 33974, United States.
These Legal Terms constitute a legally binding agreement made between you, whetherpersonally or on behalf of an entity (“you”), and Bigfoot Flamingo, LLC, concerning your access to and use of the Services. By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. You agree you are at least 18 and can comply with these Legal Terms. Keep a copy for your records.
1. SERVICES
The information provided when using the Services is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non- commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services
- download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.
Your submissions
By submitting anything (submissions, documents, ideas, feedback, etc.), you grant us unrestricted rights to use it for any lawful purpose without acknowledgment or compensation.
We are not responsible for your submissions.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- All registration info is true, accurate, current, and complete.
- You will maintain accuracy of this info.
- You have the legal capacity and agree to comply.
- You are not a minor.
- You will not use the Services for illegal/unlawful purposes.
- Your use will not violate any laws/regulations.
4. USER REGISTRATION
You may be required to register to use Services. You must keep your password confidential and are responsible for all account use. We reserve the right to remove or reclaim usernames deemed inappropriate or objectionable.
5. PURCHASES AND PAYMENT
We accept:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current and accurate purchase/account/payment info. All payments must be in US dollars. We may change prices anytime. We may limit, cancel, or refuse orders.
6. SUBSCRIPTIONS
Billing & Renewal: Auto-renews unless canceled. Billing cycle is monthly.
Cancellation: Non-refundable. Effective at end of current term.
Contact: stephanie@flamingocreative.net
Fee Changes: We may adjust fees with notice as required by law.
7. SOFTWARE
Any included Software is licensed under EULA or, if none, under these Legal Terms as a non-transferable, revocable license for personal/non-commercial use. Provided “AS IS.”
Redistribution prohibited.
8. PROHIBITED ACTIVITIES
You agree not to:
- Systematically retrieve data to create a database without permission
- Trick, defraud, or mislead
- Circumvent security
- Disparage or tarnish us
- Harass abuse or harm others
- Misuse support services
- Violate laws
- Upload viruses, spam, malicious code
- Attempt to gain access to restricted areas
- Interfere with networks
- Impersonate users
- Upload offensive images/code
- Interfere with payments
- Reverse engineer software
- Use Services to compete with us
9. USER GENERATED CONTRIBUTIONS
We do not offer services for posting content.
10. CONTRIBUTION LICENSE
By submitting feedback, you grant us perpetual, worldwide, royalty-free rights to use it.
11. GUIDELINES FOR REVIEWS
When posting reviews, you must:
- Have firsthand experience
- Avoid profanity/abuse/racism/fake content
- Avoid discriminatory references
- Avoid illegal activity references
- Avoid misleading statements
- Avoid organizing campaigns for reviews
We may accept, reject, or remove reviews. By posting, you grant us perpetual worldwide rights to use them.
12. SOCIAL MEDIA
You may link your account with third-party social media accounts. You grant us access to your Social Network Content. Relationship with third-party providers is solely governed by your agreement with them.
13. SERVICES MANAGEMENT
We may monitor, suspend, remove, or restrict Services or Contributions at our discretion.
14. PRIVACY POLICY
See: flamingocreative.net/privacy-policy. By using Services, you consent to US-based processing.
15. TERM AND TERMINATION
We may terminate or suspend access at any time without warning. You are prohibited from re-registering with fake/third-party names.
16. MODIFICATIONS AND INTERRUPTIONS
We may change, suspend, or discontinue Services without notice. Not liable for downtime, interruptions, or unavailability.
17. GOVERNING LAW
These Legal Terms are governed by Florida law.
18. DISPUTE RESOLUTION
Mandatory arbitration required for 30 days before arbitration.
Venue: state and federal courts of AAA rules, held in Lee County, Florida.
You waive jury trial rights.
19. CORRECTIONS
We may correct errors, inaccuracies, or omissions anytime without notice.
20. DISCLAIMER
Services provided “AS IS” and “AS AVAILABLE.” No warranties. Not responsible for outages, viruses, or third-party acts.
21. LIMITATIONS OF LIABILITY
Our liability is limited to the lesser of $900 or the amount paid in the 3 months prior to claim.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless against claims from your use of the Services, breach of terms, violations, or third-party rights.
23. USER DATA
We may keep certain data for service management. You are solely responsible for backups.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You agree to receive and accept all communications, contracts, and notices electronically.
25. SMS TEXT MESSAGING
Consent required to receive marketing texts.
Opt-out by replying “STOP.”
Standard rates apply.
Support via stephanie@flamingocreative.net or (239) 241-8254.
26. CALIFORNIA USERS AND RESIDENTS
Unresolved complaints may be filed with the California Department of Consumer Affairs.
27. MISCELLANEOUS
These Terms are the full agreement. Rights and obligations may be assigned. Terms operate to the fullest extent by law.
28. CONTACT US
Bigfoot Flamingo, LLC
12995 S CLEVELAND AVE STE 160
Fort Myers, FL 33907
United States
Phone: (239) 241-8254
Email: stephanie@flamingocreative.net