These Terms & Conditions ("Terms") govern your access to and use of the OmniSmart Media website and services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree, please do not use our website.
1. Use of Website
You agree to use our website for lawful purposes only and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this website by any third party. Prohibited activities include:
- Attempting to gain unauthorized access to any part of the website or its systems.
- Introducing viruses, malware, or other harmful material.
- Using automated tools to scrape, harvest, or collect data from the website.
- Impersonating any person or entity or misrepresenting your affiliation.
2. Services & Engagements
OmniSmart Media provides creative, strategic, and digital marketing services including but not limited to web design, social media, copywriting, SEO, graphic design, and advertising support. Specific deliverables, timelines, and fees for any engagement will be outlined in a separate written proposal, statement of work, or service agreement.
Nothing on this website constitutes a binding offer to provide services. An engagement is only formed when both parties sign a written agreement.
3. Intellectual Property
All content on this website, including text, graphics, logos, images, and software, is the property of OmniSmart Media or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.
Ownership of deliverables created for clients is governed by the applicable service agreement. Unless otherwise stated, OmniSmart Media retains the right to display completed work in its portfolio and marketing materials.
4. Client Responsibilities
When engaging our services, you agree to:
- Provide accurate, timely information and materials needed for your project.
- Respond to review requests and approvals within agreed timeframes.
- Ensure that any content, images, or materials you provide do not infringe on third-party rights.
- Designate a point of contact authorized to make decisions on your behalf.
5. Payment & Fees
Fees, payment schedules, and any applicable deposits will be specified in your service agreement. Unless otherwise stated, invoices are due within the timeframe specified on the invoice. Late payments may result in project delays or suspension of services.
6. Confidentiality
While we take reasonable measures to protect information you submit through our website, please do not send confidential or sensitive information through unencrypted channels. Any information submitted through our website is not subject to a confidentiality obligation until a written agreement is in place.
7. Disclaimer of Warranties
Our website and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.
While we strive to deliver strong results, marketing outcomes depend on many factors outside our control. We do not guarantee specific rankings, traffic, leads, conversions, or revenue.
8. Limitation of Liability
To the fullest extent permitted by law, OmniSmart Media and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the website or services, even if advised of the possibility of such damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless OmniSmart Media and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your violation of these Terms or your use of the website.
10. Third-Party Content & Links
Our website may include content or links to third-party websites. We do not control, endorse, or assume responsibility for the content, privacy practices, or accuracy of any third-party sites. Your use of third-party websites is at your own risk.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict of law provisions. Any legal action arising out of these Terms shall be brought exclusively in the state or federal courts located in Tulsa County, Oklahoma.
12. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website after any changes constitutes your acceptance of the revised Terms.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
14. Contact Us
If you have any questions about these Terms & Conditions, please contact us at:
OmniSmart Media | Scottdale | Tulsa | Miami | Sweden