Welcome to milesseiden.com (the "Site"), operated by Miles Seiden Creative ("Miles Seiden Creative," "I," "me," or "my"). These Terms and Conditions ("Terms") govern your access to and use of the Site. By using the Site, you agree to these Terms. If you do not agree, please do not use the Site.
These Terms govern use of the website only. If you engage Miles Seiden Creative for paid services, that engagement will be governed by a separately signed services agreement, proposal, or statement of work, which will control over these Terms in the event of any conflict.
1. Who May Use the Site
You must be at least 18 years old to use this Site. By using the Site, you represent that you meet this requirement and have the legal capacity to enter into these Terms.
2. Use of the Site
You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use of the Site. Prohibited uses include, without limitation:
Attempting to gain unauthorized access to the Site, our systems, or any accounts
Introducing viruses, malware, or other harmful code
Scraping, harvesting, or collecting data from the Site through automated means without permission
Impersonating any person or entity, or misrepresenting your affiliation with any person or entity
Submitting false, misleading, threatening, defamatory, obscene, or otherwise unlawful content through any contact form, comment, or other submission feature
Using the Site to transmit unsolicited advertising or spam
I may suspend or terminate your access to the Site, at our discretion, for conduct I believe violates these
Terms or is otherwise harmful to us or others.
3. Intellectual Property
Site content. Unless otherwise noted, all content on the Site — including text, graphics, logos, design, layout, and the compilation of content — is owned by Miles Seiden Creative or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may view and share content from the Site for personal, non-commercial purposes, but you may not reproduce, distribute, modify, or create derivative works from Site content without my prior written permission.
Portfolio and case study content. The Site may display work created for clients, including branding, strategy, and creative deliverables. Some or all rights in this work may belong to the client for whom it was created. Display of this work on the Site does not grant you any rights to reuse, reproduce, or adapt it. Where client work is shown, it is shown with the relevant client's permission or under rights we hold.
Testimonials. Testimonials, reviews, and quotes displayed on the Site reflect the genuine, individual opinions and experiences of the clients or collaborators identified, given voluntarily and without compensation. Testimonials describe individual experiences; results and outcomes from working with Miles Seiden Creative are not guaranteed and will vary based on each client's circumstances.
Trademarks. "Miles Seiden Creative" and any associated logos or marks are the property of Miles Seiden Creative. Other trademarks appearing on the Site, including client names and logos, are the property of their respective owners and are used with permission or under fair use for identification purposes.
4. Third-Party Links and Content
The Site may contain links to third-party websites or reference third-party content (including client websites). I do not control and am not responsible for the content, accuracy, or practices of any third-party site. Inclusion of a link does not imply endorsement. Use of any third-party site is at your own risk and subject to that site's own terms and privacy practices.
5. Email and Text Messaging Communications
If you sign up for my email list or opt in to receive text messages, your use of those communications is governed by both these Terms and my Privacy Policy, available at this link.
In summary:
You may unsubscribe from marketing emails at any time using the link provided in each email.
You may opt out of text messages at any time by replying STOP, or by any other reasonable method described in my Privacy Policy.
Message and data rates may apply to text messages. Message frequency varies.
Consent to receive marketing communications is never required as a condition of engaging my services.
My text messaging program is registered with U.S. wireless carriers in accordance with industry requirements (including A2P 10DLC registration) to support reliable, compliant delivery of messages.
Please see my Privacy Policy for full detail on how I collect, use, and protect information related to these communications, including my practices around message timing and message data sharing.
6. No Guarantees
Miles Seiden Creative provides creative strategy, branding, and experience-design consulting services. While I bring significant experience to every engagement, I do not guarantee specific business outcomes, financial results, audience response, or other results from my services or from information provided on the Site. Case studies, testimonials, and portfolio examples describe past work and individual client experiences; they are not a promise of similar results for any other person or organization.
7. Accessibility
I am committed to making the Site usable by as many visitors as possible and aim to follow generally accepted web accessibility practices. If you experience difficulty accessing any part of the Site or need assistance in an alternate format, please contact me at [email protected] and I will work to address it.
8. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MILES SEIDEN CREATIVE AND ITS OWNER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MY TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
This limitation does not apply to liability that cannot be limited or excluded under applicable law. Paid client engagements governed by a separate services agreement may include different liability terms specific to that engagement.
10. Indemnification
You agree to indemnify and hold harmless Miles Seiden Creative and its owner from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the Site.
11. International Use
The Site is operated from the United States. If you access the Site from outside the United States, you are responsible for compliance with the laws of your jurisdiction. I make no representation that the Site or its content is appropriate or available for use in all locations.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles, regardless of your location. Any dispute arising from these Terms or your use of the Site will be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there.
13. Changes to These Terms
I may update these Terms from time to time. Changes will be posted on this page with a revised "Last Updated" date. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.
14. General Provisions
Entire agreement. These Terms, together with my Privacy Policy, constitute the entire agreement between you and Miles Seiden Creative regarding use of the Site.
Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
No waiver. My failure to enforce any provision of these Terms is not a waiver of my right to do so later.
Assignment. You may not assign these Terms without my written consent. I may assign these Terms without restriction.
Force majeure. I am not liable for any failure to perform due to causes beyond my reasonable control.