Terms & Conditions

Last Updated: 3/20/25

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between BENJIMMY MEDIA, LLC, a limited liability company organized under the laws of the state of Indiana, doing business as Benjimmy (“Benjimmy”), and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Benjimmy’s website: https://www.benjimmy.com/ (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all terms, conditions, and obligations herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and Benjimmy shall cease, except that any obligation of Client to pay Benjimmy for services rendered shall remain an ongoing obligation.

1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Benjimmy, and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively or individually, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Benjimmy and protected by copyright, trademark, and other applicable intellectual property laws of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website or Content may be copied, reproduced, republished, uploaded, posted, displayed, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without Benjimmy’s prior written permission. Benjimmy reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials
Notwithstanding Benjimmy’s ownership of Submissions (per Paragraph 4, “Client Feedback”), all deliverables created on Client’s behalf—including designs, marketing materials, advertising content, or other business service outputs (“Projects”)—belong to Client upon full payment, and Client shall be the sole owner of the copyright for all Projects, subject to Section 18 (“Foundation Program”). If any operation of law would cause Benjimmy to own a Project instead of Client, Benjimmy irrevocably assigns its entire interest in the Project to Client. Client warrants that all materials provided to Benjimmy for use in Projects are owned by Client or properly licensed and do not infringe on third-party rights, including intellectual property or publicity rights. Benjimmy reserves the right to publicly showcase Client’s Project work (e.g., on social media, website) unless otherwise agreed per Section 17.

3. Third-Party Assets
If a Project incorporates assets (e.g., fonts, images, or software) not owned by Benjimmy and requiring a commercial license for Client to legally use, reproduce, or distribute the Project (“Third-Party Assets”), Benjimmy will notify Client in writing of the assets and licensing requirements. Client assumes full responsibility for obtaining necessary licenses from the rights-holders. Benjimmy is not liable for consequences arising from Client’s failure to secure such licenses after notification.

4. Client Feedback
Client acknowledges that any feedback, suggestions, or submissions (“Submissions”) provided to Benjimmy become Benjimmy’s sole property. Benjimmy may use or disseminate Submissions for any lawful purpose without obligation, acknowledgment, or compensation to Client, except as rights are granted to Client under Section 2. Client warrants it has the right to provide Submissions and waives all claims against Benjimmy for their use.

5. User Representations
By using the Website, Client represents and warrants that: Client has legal capacity and agrees to these Terms; Client is not a minor in their jurisdiction; Client will not access the Website via automated or non-human means; Client will not use the Website for illegal or unauthorized purposes; Client’s use will not violate applicable laws or regulations.

6. Prohibited Activities
Client may not use the Website for purposes other than those for which it is made available. Client agrees not to: make unauthorized use of the Website; collect data to create databases or directories; circumvent security features; engage in unauthorized framing or linking; mislead Benjimmy or users; disrupt the Website or its networks; attempt to compete with Benjimmy; reverse engineer software; bypass access restrictions; harass Benjimmy personnel; remove copyright notices; upload viruses or disruptive material; or use the Website inconsistently with applicable laws.

7. Management and Oversight
Benjimmy may monitor the Website for violations and take legal action as needed. Benjimmy reserves the right to restrict or deny access to the Website at its sole discretion, without notice or liability to Client.

8. Privacy Policy
By using the Website, Client agrees to abide by Benjimmy’s Privacy Policy, incorporated herein. The Website is hosted in the United States. Access from regions with differing data laws (e.g., EU) constitutes Client’s consent to data transfer and processing in the U.S. Benjimmy does not knowingly solicit data from individuals under 18 and will delete such data if received without parental consent per U.S. law.

9. Returns and Refunds
Benjimmy reserves the right to deny refunds at its discretion. Refund requests are reviewed case-by-case. If approved within the first month, all materials produced by Benjimmy remain its property and may not be used by Client. Approved refunds incur a 25% fee on the remaining billable period, and Stripe transaction fees are non-refundable. Benjimmy may pursue legal action for breaches of this section.

10. Modification
Benjimmy may change or discontinue the Website or its content at its sole discretion, without notice or liability to Client.

11. Connection Interruptions
Benjimmy does not guarantee uninterrupted Website access. Client agrees Benjimmy is not liable for losses due to service interruptions beyond its control.

12. Governing Law
These Terms are governed by the laws of the State of Indiana, without regard to conflict of law principles.

13. Litigation
Any legal action shall be brought in the state courts of Marion County, Indiana, or the United States District Court for the District of Indiana. The parties consent to jurisdiction in said courts and waive defenses of lack of jurisdiction or inconvenient forum.

14. Disclaimer
The Website is provided “As-Is.” Client uses it at their sole risk. Benjimmy disclaims all warranties, express or implied, including merchantability, fitness for purpose, and non-infringement. Benjimmy is not liable for errors, interruptions, viruses, or third-party content accessed via the Website.

15. Limitations of Liability and Indemnification
Benjimmy and its affiliates shall not be liable for direct, indirect, or consequential damages arising from Website use. Client agrees to indemnify Benjimmy against claims, losses, or damages, including legal fees, due to Client’s use, breach of Terms, or violation of third-party rights. Benjimmy may assume defense of indemnified claims at Client’s expense.

Benjimmy also does not warrant or guarantee that the Site and/or Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free. Despite our efforts to ensure accessibility of this website, there may be some limitations such as some pages may not be accessible, or the appropriate technological solution has not yet been found. Please contact us with any complaints so that we may attempt to fix them.

In no event shall the website owner be liable for any damages, including but not limited to:

  • Loss of use or access to the website;

  • Loss of profits or business opportunities;

  • Special, incidental, consequential, or punitive damages arising from or related to any alleged non-compliance with any disability-related laws or regulations.

In no event will we be liable for any damages, including consequential, incidental, or punitive damages, arising from or related to any claims for website accessibility.

By accessing this website you agree to indemnify and hold us harmless from and against any claims, damages, or expenses arising from or related to:

  • Any alleged failure to comply any disability-related laws;

  • Any claims related to website accessibility;

  • Any other matter arising from or related to these Terms of Service.

16. User Data
Client is responsible for all data transmitted via the Website. Benjimmy is not liable for loss or corruption of such data.

17. Showcasing Client Work
Benjimmy may share Project work on digital channels unless a mutual NDA voids this right.

18. Foundation Program
Clients enrolled in the Foundation Program, which provides a complimentary website, are subject to a mandatory 12-month contract. Ownership of the website remains with Benjimmy until the contract is fulfilled—either by completing the 12-month term or paying the remaining balance in full. Upon fulfillment, ownership transfers to Client, who may then continue with Benjimmy or take the website elsewhere. Non-fulfillment prohibits Client use of the website.

19. Electronic Communications
Client consents to electronic communications, signatures, and records, waiving requirements for non-electronic formats.

20. Miscellaneous
These Terms, with the Privacy Policy, form the entire agreement between Client and Benjimmy. Benjimmy’s failure to enforce any provision is not a waiver. Unenforceable provisions are severable without affecting the rest. No joint venture or agency is created.

21. Contact Information
For questions or complaints, contact Benjimmy at: hello@benjimmy.com.