Terms & Conditions
FIREFLY CREATIVE, INC IS A MARKETING AND ADVERTISING COMPANY. FIREFLY CREATIVE, INC. OFFERS ONLINE ADVERTISING SERVICES FOR A MONTHLY FEE CHARGED TO YOUR CREDIT CARD EVERY 30-DAYS ELECTRONICALLY THROUGH OUR ONLINE PAYMENT GATEWAY. IN NO CIRCUMSTANCE DOES FIREFLY CREATIVE, INC. GUARANTEE OR PROMISE SALES FROM ITS MARKETING EFFORTS. ALTHOUGH IN MOST CASES FIREFLY CREATIVE, INC. MAY PROVIDE QUALIFIED LEADS AND OR WEBSITE TRAFFIC FOR OUR CLIENTS, FIREFLY CREATIVE, INC. IS NOT RESPONSIBLE FOR MAKING A SALE ON THE CLIENTS BEHALF.
1: Services to be performed. Firefly Creative, Inc. agrees to perform Internet marketing services (the Services’) on Buyer’s behalf, according to the Services selected as part of this online sign-up process. Firefly Creative, Inc. agrees to provide the Services to Buyer each month in exchange for the fees set forth in this online sign-up process.
2: Terms of Agreement. This Agreement will become effective and is fully executed when the Buyer (or sales representative on the buyer’s behalf) checks the box acknowledging that he/she has read and agrees to the terms and conditions contained in this Agreement, provides payment, as well as provides his/her name at the final stage of this online process representing his/her digital signature thereon. By providing payment information (Online, Credit Card over phone or ACH), the buyer opts into the Firefly Creative, Inc. Terms and Conditions. The Term of this Agreement begins from its date of execution and shall continue on a month-to-month basis until such time as the date a party terminates this Agreement as provided below.
3: Termination of Agreement. This Agreement is month-to-month, and the Agreement and Monthly Fee shall continue until 30 days after either party provides the other with notice of intent to terminate. Notice of termination shall be given only in writing, by Buyer to Firefly Creative, Inc. at 2556 Apple Valley Road, Ste. 200 Atlanta, GA 30319 or by email to: Barton@Fireflyguy.com; or by Firefly Creative, Inc. to Buyer at the street address or email address provided by Buyer during the sign-up process, or to Buyer’s updated street or email address as provided in writing by Buyer to Firefly Creative, Inc. thereafter. Firefly Creative, Inc. has a NO REFUND POLICY and is entitled to one final payment after buyer cancels, if the bill date is within 30 days of cancellation date as shown in these Terms & Conditions, on the payment Portal and on the Buyer’s receipt.
4: In consideration for the Services to be performed by Firefly Creative, Inc., Buyer agrees to pay Firefly Creative, Inc. a campaign management and consulting Set-up Fee, plus a Monthly Fee for the duration of the term. The Set-up Fee and the first Monthly Fee are due upon execution. The second Monthly Fee shall be paid one month after this Agreement is executed, and subsequent Monthly Fee payments shall be paid by the same day each successive month.
5: Late Fees. Late payments by Buyer shall be subject to late fees of 1.5 % per month from the due date until the amount is paid. Any EFT payment returned or rejected by Buyer’s bank shall be subject to a $30 NSF fee payable by Buyer to Firefly Creative, Inc. Firefly Creative, Inc. has the right to discontinue Services without notice to Buyer if any payment becomes delinquent by more than 5 days.
6: Intellectual Property Ownership. Firefly Creative, Inc. may provide Buyer its marketing systems, procedures, Internet directory listings, website enhancements and elements, and/or other expertise (Work Product). Firefly Creative, Inc. grants Buyer a royalty-free non-exclusive worldwide license to use the Work Product for the purpose of marketing and selling Buyer’s products and services. The license shall have a term that expires at the time this Agreement terminates and is conditioned upon full payment of the compensation due Firefly Creative, Inc. under this Agreement. Firefly Creative, Inc. retains all other rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in the Work Product.
7: Firefly Creative, Inc. Reusable Materials. Firefly Creative, Inc. owns outright, and/or owns a license to use and sublicense, various materials in existence before this Agreement’s date of execution (Firefly Creative, Inc.’s Marketing’s Materials). Firefly Creative, Inc. may include Firefly Creative, Inc. Materials in the work performed under this Agreement. Firefly Creative, Inc. retains all rights, title, and interest, including all copyrights, patent rights, and trade secret rights, in Firefly Creative, Inc. Materials. Firefly Creative, Inc. grants Buyer a royalty-free non-exclusive license to use any Firefly Creative, Inc. Materials incorporated into the work performed by Firefly Creative, Inc. under this Agreement. The license shall have a term running concurrently with the term of this Agreement and shall not be transferred by Buyer.
8: Exclusive Agreement, Modifications, Waivers, and Severance. This is the entire Agreement between Firefly Creative, Inc. and Buyer. Any modifications to this Agreement must be in writing, and signed by both parties. Any waiver shall not be effective against any party unless in writing executed on behalf of such party. In the event that any of the provisions of this Agreement shall be held by a court to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
9: Warranty. Buyer must report any deficiencies in Firefly Creative, Inc. services to Firefly Creative, Inc. in writing within 30 days of performance to Barton@fireflyguy.com to receive warranty remedies. Software bugs are to be expected and addressed under the terms of this Agreement. Buyer’s exclusive remedy for any breach of the above warranty shall be the re-performance of Firefly Creative, Inc. services. If Firefly Creative, Inc. is unable to re-perform the services; Buyer shall be entitled to recover the fees paid to Firefly Creative, Inc. for the deficient services period. Every effort will be made to complete all aspects of the optimization process. If any part of the Website Optimization or Social Media set-up process cannot be performed due to site limitations, or neglect on buyers’ behalf, buyer waives these services. If Firefly Creative, Inc. is unable to gain access to buyers Social Media pages buyer will receive their monthly content via email and will be responsible for posting the content.
10: THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY ORAL OR WRITTEN REPRESENTATIONS, PROPOSALS OR STATEMENTS MADE PRIOR TO THIS AGREEMENT
11: Limited Liability. Firefly Creative, Inc. total liability to Buyer under this Agreement for damages, costs and expenses shall not exceed the compensation received by Firefly Creative, Inc. under this Agreement.
12: NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE FOR THE OTHER’S LOST PROFITS, OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN HAS BEEN ADVISED BY THE OTHER PARTY OF THE POSSIBILITY OF SUCH DAMAGES.
13: Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: When delivered personally to the recipient’s address as stated on this Agreement; or, Three days after being deposited in the United States mail, with postage prepaid to the recipient’s address as stated on this Agreement; or, When sent by email to the last email address of the recipient known to the person giving notice. Notice is effective upon receipt provided that a duplicate copy of the notice is promptly given by first class mail, or the recipient delivers a written confirmation of receipt.
14: No Partnership. This Agreement does not create a partnership relationship. Neither party has authority to enter into contracts on the other’s behalf.
15: Applicable Law and Venue. The laws of the State of Georgia shall govern this Agreement. The venue for any legal action to enforce the terms of this Agreement will be in DeKalb County, Georgia and both parties expressly submit to the jurisdiction of the state and federal courts located in DeKalb County, Georgia.
16: DISPUTED CHARGES: FIREFLY CREATIVE, INC. RESERVES THE RIGHT TO AUTOMATICALLY DEDUCT FROM THE “BUYER” ANY LEGAL AND PROCESSING FEES ASSOCIATED WITH FIGHTING A DISPUTED CHARGE FILED BY THE “BUYER” AND OR THEIR BANK.
17: Credit Card Dispute/Chargeback Policy. Firefly Creative, Inc. takes credit card dispute fraud or “friendly fraud” very seriously. Our marketing packages are very specific in terms of promised services and deliverables. Firefly Creative, Inc. takes pride in the on-time delivery and diligent record keeping of said deliverables. In the event of a credit card dispute that is not warranted, Firefly Creative, Inc. reserves the right to automatically deduct a dispute fee in the amount of $100 per disputed transaction. In accordance with civil law, Firefly Creative, Inc. also reserves the right to pursue the full amount (plus dispute fees) of any and all disputed payments in Georgia civil courts, regardless of a bank’s decision on the dispute.
18: Free Promotion Terms. The free trial subscription to Firefly Creative, Inc. (“Trial Subscription”) gives you Firefly Creative, Inc. package details during the Trial Subscription period. As part of the enrollment process for the Trial Subscription, you will be required to pick a subscription package and submit a valid credit card or other form of payment. If you do not cancel your subscription before the end of the Trial Subscription period, you will be billed for the subscription package to Firefly Creative, Inc. that you selected during the Trial Subscription registration process. Upon the completion of your Trial Subscription period, you will be automatically billed for a Firefly Creative, Inc. subscription for the term and rate you selected when you signed up for your Trial Subscription unless you cancel your subscription. Thereafter, until you terminate your subscription, your subscription will be automatically renewed at the conclusion of each subscription term at the same subscription rate you initially selected. In order to avoid a subscription charge following completion of your Trial Subscription, you must cancel your Trial Subscription prior to its conclusion (that is, before the end of the trial period) by emailing your cancellation request to Barton@fireflyguy.com
- Firefly Creative, Inc. does not sell or rent your personal information to third parties.
- We use information about you to fulfill your requests, administer various programs, provide services, and for other business purposes.
- Your personal information may be shared with current or future Firefly Creative, Inc. entities or subsidiaries.
- We may also use the information you provide to send you marketing communications.
- In some circumstances, Firefly Creative, Inc. may share your information with certain third parties to perform services on our behalf.
- We may collect personal information such as your contact, billing, and shipping information. We may also collect demographic information, such as your birthday.
- We collect information regarding your interactions with our Web sites and mobile apps.
- We may obtain additional personal and non-personal information from third party providers.
Your use of any of our sites is subject to the Conditions of Use for that site.
This Policy applies to:
- Information we collect in Firefly Creative, Inc. stores and at other locations and events under the Firefly Creative, Inc. name.
For simplicity, we will call the Firefly Creative, Inc. websites and mobile app “digital properties” throughout this policy.
WHAT WE COLLECT
Information you give us
We collect and store information you provide through our digital properties and in our stores.
The information we collect from you includes things like:
- Mailing address
- Email address
- Phone number
- Credit card number and other payment information
- Location information (such as when you ask us to tell you about nearby stores)
- Demographic and lifestyle information (if you sign up for a registry or birthday list)
- IMEI/UDID (a numeric identifier for your mobile device)
- MAC Address (another kind of numeric identifier for your mobile device)
- IDFA (Apple’s ID For Advertising, a randomly generated number which can be cleared like cookies)
- Your responses to surveys
Information you give us about others
You may give us information about other people, such as the name and address of a gift recipient, or the name and contact information of someone who will pick up items for you at a store. We will only use this information for the specific reason you provide it. You warrant that all information supplied is accurate and you retain the rights to freely distribute. You are also liable for any inaccuracies or that might result in lawsuits or judgments against Firefly Creative, Inc. for using or distributing information on your behalf.
Information from other sources
We may receive information about you from other sources, including third parties that help us update, expand, and analyze our records and identify new customers, and provide products and services that may be of interest to you.
Information collected automatically online
We collect information about your interactions with us, including the type of device or browser you’re using, your IP address, your browsing behavior while on our website, and the URLs of the websites you were at before you visited our site (these are called “referring URLs”).
We may permit third party service providers to collect and process some information from our digital properties. We may share personal information with those providers and may have similar arrangements with interest-based advertisers. We provide more information about interest-based ads below.
Our digital properties are not designed to respond to “do not track” requests from browsers.
Some of our digital properties may collect your location to help you search for one of our stores or to use special mobile features within some of our stores. For example, Firefly Creative, Inc. works with third parties to provide you helpful messaging in your mobile app when you come to our stores.
In order for any mobile application to identify your location, you must enable location services through your mobile device’s settings. If you do not want Firefly Creative, Inc. to collect this information or to enable these features, you can turn off location services on your mobile device. Firefly Creative, Inc. has no control over your device’s settings.
Reviews and other content you provide
Our websites offer publicly accessible blogs or community forums. Be aware that anyone who accesses these areas may read, collect, and use the information you provide.
HOW WE USE THE INFORMATION WE COLLECT
We use the information we collect for things like:
- Identifying you on our websites and our mobile app in order to customize your experience (for example, based on your purchase history or your location)
- Fulfilling orders and requests for products, services, or information
- Processing refunds, returns, and exchanges
- Managing our program
- Marketing and advertising products and services
- Conducting research and analysis
- Processing credit card applications
You can opt out of interest-based advertising from third party providers who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising at www.aboutads.info/choices.
We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.
HOW WE SHARE YOUR INFORMATION
Firefly Creative, Inc. does not sell, rent, or trade your personal information to third parties. We share your information only in the ways we describe below.
We may combine or share information among current or future Firefly Creative, Inc. companies, including affiliates and subsidiaries.
We may share your information with third parties to perform services on our behalf such as:
- Sending Firefly Creative, Inc. marketing communications
- Fulfilling subscription services
- Conducting research and analysis
- Applying for credit cards and processing credit card payments
Sometimes we may be required to share personal information for legal reasons, for example, if we are required to do so by a regulation, court order, subpoena or other legal process. We may also share information when we believe it’s necessary to comply with the law or to respond to a government request, or when we believe disclosure is necessary or appropriate to protect Firefly Creative, Inc., our customers, or others.
We may share personal information in the event of a corporate sale, merger, acquisition, dissolution, or similar event. If such an event takes place, we’ll notify you through e-mail (if we have your email address) and/or a prominent notice on our applicable website(s) of any change in ownership, as well as any choices you may have regarding your personal information.
HOW WE PROTECT YOUR INFORMATION
We use a variety of information security measures to protect your online transactions with us.
- We use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it.
- Our digital properties use encryption technology to protect your personal information.
We are committed to protecting your information, but you can do your part. You should create a strong password and protect against unauthorized access to your password and your computer. Be sure to sign off when finished using a shared computer and do not share your password with anyone. We cannot guarantee the security of any information you transmit to us and by using our digital properties you acknowledge that you do so at your own risk.
You may at any time:
- Stop receiving marketing or promotional e-mails, direct mail, phone, and mobile marketing communications
- Update and correct your personal information
- Deactivate your account
- Request removal of information you post on our digital properties. In some cases, we may not be able to remove your content or personal information, in which case we will let you know if we are unable to do so and why.
To do any of these, let us know by one of these methods:
- Follow the directions in a marketing e-mail, direct mail, or mobile communication that you receive from us
- Provide your request and current contact information through one of the contact methods listed under “Contact Us” below.
Please note: Even if we are able to anonymize or make your content or information no longer visible, this does not ensure complete or comprehensive removal of your content or personal information from the Internet.
PROTECTING CHILDREN’S PRIVACY
We are committed to protecting children’s privacy on the Internet and we do not knowingly collect personal information from children under the age of 13.
LINKS TO OTHER WEBSITES
SOCIAL MEDIA FEATURES