Terms and Conditions
Effective date: 2025.
1. Agreement to Terms
By accessing or using this website and any related content, materials, or services (collectively, the "Services"), you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree, do not use the Services.
2. Who We Are
Create with Tom provides information about user‑generated content (UGC), performance marketing, speaking, and related creative services. Content on this site is provided for general informational purposes only.
3. No Professional Advice
The information provided is not legal, financial, or professional advice. You should not rely on any content as a substitute for professional advice tailored to your situation. Any actions you take based on the information are at your own risk.
4. User Conduct
You agree not to misuse the Services, including by attempting to access non‑public areas, interfering with the site’s operation, scraping content without permission, or using the Services in violation of applicable law.
5. Intellectual Property
Unless otherwise noted, all content on the site is owned by or licensed to us and is protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or create derivative works without prior written permission.
6. Third‑Party Services and Links
The site may include links or embeds from third parties (for example, social platforms or video players such as Mux). We are not responsible for third‑party content, policies, or practices. Your use of third‑party services is governed by their terms and policies.
7. No Guarantees of Results
Any case studies, testimonials, or performance figures are illustrative only and do not guarantee future results. Marketing performance depends on many factors outside our control.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to defend, indemnify, and hold harmless us and our affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to your use of the Services or violation of these Terms.
11. Termination
We may suspend or terminate access to the Services at any time, with or without notice, for any reason.
12. Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict‑of‑law principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Services is the state or federal courts located in San Francisco County, California.
13. Changes to These Terms
We may update these Terms from time to time. The updated version will be indicated by an updated “Effective date” and will be effective when posted. Your continued use of the Services means you accept the changes.
14. Contact
Questions about these Terms? Contact us at our contact form.