Thank you for allowing us to provide you with our products and services. These products and services are provided by Sweet Papaya Creative, 7902 NE St. Johns Rd, Suite 107B, Vancouver, WA 98665

By contracting with us to provide you with products or services, you accept and agree to these Terms of Use, which includes our Privacy Policy. Sometimes additional terms may apply, depending on what products or services we are providing you. Under those circumstances, those additional terms become part of your agreement with us.

Intellectual Property

Purchasing our products or services does not give you ownership of any intellectual property rights in the products or services we provide you, unless specifically agreed upon in our contract with you. We reserve the right to post our intellectual property on our website, incorporate it in the products or services we provide to other customers, or otherwise publish or use it in any manner that we see fit.

You retain ownership of any intellectual property rights that you held in the content of the products or services we provide you, if that content was already your intellectual property. If you believe your intellectual property has been reproduced or distributed in a way that constitutes copyright or patent infringement, you agree to notify us immediately.

Terminating Our Services

You can stop contracting with us for additional products or services at any time after we have received payment in full for products and services delivered to you. We may also stop providing additional products and services to you.

Warranties and Disclaimers

We provide our products and services using best practices and commercially reasonable level of skill and care.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE OR ADDITIONAL TERMS IN A CONTRACT WITH YOU, NEITHER SWEET PAPAYA CREATIVE, ITS BUSINESS PARTNERS, THIRD PARTY VENDORS, SUPPLIERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE PRODUCTS OR SERVICES WE PROVIDE YOU. WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PRODUCTS AND SERVICES WE PROVIDE YOU, THEIR FUNCTIONALITY, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability For Our Services

TO THE EXTENT PERMITTED BY LAW, SWEET PAPAYA CREATIVE, ITS BUSINESS PARTNERS, THIRD PARTY VENDORS, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE RESPONSIBLE FOR PERSONAL INJURY; LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES INCURRED BY OUR PROVISION OR NONPROVISION TO YOU OF PRODUCTS OR SERVICES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SWEET PAPAYA CREATIVE, ITS BUSINESS PARTNERS, THIRD PARTY VENDORS, SUPPLIERS, AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO PROVIDE YOU PRODUCTS OR SERVICES. IN ALL CASES, SWEET PAPAYA CREATIVE, ITS BUSINESS PARTNERS, THIRD PARTY VENDORS, SUPPLIERS, AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business Use of Our Products and Services

If you are purchasing our products or services on behalf of a business, that business accepts these terms. That business will hold harmless and indemnify Sweet Papaya Creative and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to our provision of products or services except as provided for in these Terms of Use, or for violation of these Terms of Use, including any liability or expense arising from any claims, losses, damages, suits, judgments, litigation costs, or attorney fees.

Modification of Our Terms of Use

We may modify these Terms of Use, including our Privacy Policy, or any additional terms that apply to a product or service we provide to you. We will post notice of any modifications to these Terms of Service on this website page. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes made for legal reasons will become effective immediately. If there is a conflict between these Terms of Use and the additional terms, the additional terms will control.

These terms define the relationship between Sweet Papaya Creative and you. They do not create any third party beneficiary rights.

If we do not give you notice that you have violated these Terms of Use, this does not constitute a waiver of any rights we have under these Terms of Use or arising from any other source. We may terminate any pending contract we have with you, without refunding any payments made, by giving you notice if you are, or if we suspect that you are, in violation of any of these Terms of Use or engaged in illegal or improper use of the products or services we have contracted to provide you.

If one provision of these Terms of Use is held not to be enforceable, this will not affect the enforceability of any other terms.

The laws of Washington, excluding its conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Use or the products or services we provide to you. All claims arising out of or relating to these Terms of Use or the products or services we provide you will be litigated exclusively in the federal or state courts of Clark County, Washington, and you consent to personal jurisdiction in those courts. You agree not to bring a class action against us, or to bring suit against us as a plaintiff, class member, or class representative of a class action.