Terms of Service

Conditions of Use

Welcome to the MarketSmiths.com copywriting services website (the “Site”). The Site is owned by MarketSmiths Content Strategists, LLC and operates using registered tradenames “MarketSmiths” and “Copywriting for Humans.” MarketSmiths Content Strategists LLC was incorporated in New York State, and has an office at 401 Park Avenue South, 10th Floor, New York, NY 10016.

Except as otherwise noted, these Terms and Conditions (the “Terms”) govern your use of the Site. Please read them carefully, since your visit to the Site—and any underlying activities constitute your agreement to be bound by them. In other words, your use of the Site is subject to your compliance with these Terms. If you do not agree to abide by them, please do not access the Site.

We reserve the sole right to change the Site and these Terms at any time. We’ll post any changes here, and suggest you review these Terms each time you access the Site.

Privacy

We take customer privacy seriously. When you subscribe to our newsletter, answer a survey, fill out our contact form, or engage in any other activity on the Site, you may choose to give us basic information including your name, email address, URL, and phone number (collectively, “Customer Information”). This allows us to respond to your questions quickly and efficiently.

We pledge not to use your Customer Information for any purpose other than sending you the communications you’ve requested. Moreover, we will not share your Customer Information with third parties. You can always opt out from receiving newsletters at any time by sending an “opt-out” email to info@MarketSmiths.com.

Copyright

All content on the Site, including page headers, images, illustrations, graphics, audio clips, video clips and text (collectively, the “Content”) is the exclusive property of MarketSmiths and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by MarketSmiths, or by any affiliate or third party that’s licensed or assigned its rights, interests and/or materials to us. The entire Content of the Site is copyrighted as a collective work under U.S. and other applicable copyright laws, and MarketSmiths owns a copyright in the selection, coordination, arrangement, and enhancement of the Content. The Site and each piece of its Content are intended solely for the personal and non-commercial use of Site users, who are permitted to download, print and store selected portions, but solely for personal and non-commercial use. If users copy, post, or broadcast the Content on any network or channel in any form, they pledge not to modify or alter it, delete or change any copyright or trademark notices, and they pledge to properly credit the underlying ownership and intellectual property to MarketSmiths. MarketSmiths retains full ownership and intellectual property rights; no right, title or interest transfers to users subsequent to any of the activity described herein. Except as noted, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining express written permission by MarketSmiths.

Comments

Site visitors may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information in designated areas, so long as these submissions are not illegal, obscene, threatening, objectionable, defamatory, invasive, infringing, or otherwise injurious to us or third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any other person or entity, or otherwise mislead as to the origin of a card or other content. MarketSmiths reserves the right (but not the obligation) to remove or edit such content after review.

If you do post content or submit material, you grant MarketSmiths and its associates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MarketSmiths and its associates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MarketSmiths or its associates for all claims resulting from content you supply. MarketSmiths has the right but not the obligation to monitor and edit or remove any activity or content. MarketSmiths takes no responsibility and assumes no liability for any content posted by you or any third party.

Indemnification

You agree to defend, indemnify and hold MarketSmiths harmless from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of the Site. You agree to indemnify MarketSmiths from all claims of third parties including intellectual property right claims related to a name, logo, brand, design or any other form of intellectual property you may provide to us.

Disclaimer

The Site and all Contents are provided on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and that MarketSmiths shall not be liable for any damages of any kind related to your use of this site.

Applicable Law & Venue

By visiting the Site, you agree that the laws of the state of New York in the United States of America, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and MarketSmiths, or its associates. Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to a court of the state of New York, in the borough of Manhattan.

MarketSmiths ®

Copywriting for Humans ®

For insights on brand positioning and corporate thought leadership.

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