Terms of Service

Last updated: Nov 13, 2024 8:25 AM

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://giantcreates.com website (the “Website”) operated by Giant, a(n) Limited Liability Company formed in Washington, United States (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Termination

We may terminate or suspend your account and bar access to the Website or our services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

If you wish to terminate your account or cancel services, you may do so by notifying us at team@giantcreates.com.

Effects of Termination

Upon termination, your right to use the Website or our services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Refund Policy

We do not offer refunds once work has begun on the services or products you have purchased. Cancellation after work has commenced will result in forfeiture of all payments made. All work completed will be itemized at our standard hourly rate of $150 per hour, and if the work performed exceeds the amount of the deposit or payments made, you will be responsible for compensating us for the additional work.

Notwithstanding the above, any refund requests will be considered in accordance with applicable laws and regulations.

Advance Payments and Deposits

We may require advance payments or deposits for certain services or products. These payments are required to secure our services and will be applied toward the total cost of the project or service.

Refundability

Advance payments and deposits are non-refundable once work has begun. If we cancel the project for any reason, we will issue you a refund of the advance payment or deposit made.

Cancellation by Client

If you choose to cancel the project after work has begun, you forfeit any advance payments or deposits made, and you may be responsible for additional charges for work completed beyond the deposit amount.

Deposits

We may require a deposit for purchases made of our goods, services, or digital products. A deposit is a payment made to reserve the goods, services, or digital products.

Deposits are non-refundable unless we cancel your purchase. In the event of cancellation by us, we will issue you a refund of the deposit made.

Warranty Disclaimer

THE SERVICES AND CONTENT PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GIANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

GIANT DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GIANT DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Subscriptions

Certain services offered by Giant may be billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

Automatic Renewals

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Giant cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Giant customer support team.

Cancellation

You must provide us with 30 days notice prior to the automatic renewal date of your intent to cancel the automatic renewals for the cancellation to be effective.

Refunds

Payments for Subscriptions are non-refundable, and no refunds or credits will be provided for partial months of service.

Changes to Fees

Giant, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Giant or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.

No Warranty

THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIANT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR PROVIDED AS PART OF THE SERVICES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GIANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

GIANT DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and Limitation of Liability

In no event shall Giant be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of, relating to, or in any way connected with your access to, use of, or inability to use the Website or services provided by Giant, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, even if Giant has been advised of the possibility of such damages.

Giant’s total liability to you for all damages, losses, and causes of action shall not exceed the total amount paid by you, if any, for accessing the Website or using our services.

The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Links to third-party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2005 – 2025 Giant or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Giant and are either registered trademarks, trademarks or otherwise protected intellectual property of Giant or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Chris Stovall at team@giantcreates.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorney’s fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Giant
Chris Stovall
team@giantcreates.com
360-499-6310
25 Eads Way, Studio C, Lopez Island, WA 98261
United States

Client Projects

For any work products created by Giant as part of services provided to you, ownership and license rights are governed by the terms outlined in our Ownership and Licensing Terms. By engaging our services, you agree to those terms.

Unauthorized use or distribution of any materials provided by Giant is strictly prohibited and may violate intellectual property rights.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of laws provisions.

Arbitration

In the event of any dispute arising out of or relating to these Terms or the breach thereof, the parties agree to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Juan County, Washington, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Class Action Waiver

You and Giant agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Changes to Terms of Service

We reserve the right to modify or replace these Terms at any time, at our sole discretion. All changes are effective immediately when we post them on this page. It is your responsibility to review these Terms periodically for any updates or changes. Your continued use of the Website or our services following the posting of revised Terms means that you accept and agree to the changes.

Questions

If you have any questions about our Terms of Service, please contact us at team@giantcreates.com.