Terms of Service

In Short: By accessing our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Colony, Inc. (doing business as Colony Creative and Colony) (“we,” “us,” or “our”), concerning your access to and use of our website at colonycreative.com as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”).

These Terms contain provisions that apply differently depending on how you interact with Colony. General website provisions apply to all visitors. The section titled “The Colony Arcade” applies to the free Colony Arcade and controls where it conflicts with the general Terms. Provisions concerning project services, payment, deliverables, confidentiality, and other client matters apply only to paid engagements and remain subject to the applicable written client agreement.

Accessing or using this website does not, by itself, create a client, agency, fiduciary, or professional-services relationship with Colony. Paid client engagements are governed by the applicable proposal, Master Service Agreement, Statement of Work, or other written agreement.

You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference.

See “Changes to These Terms” below for how these Terms are updated.

In Short: Colony is a creative agency providing digital design, development, branding, and strategic consulting services.

Colony provides creative and digital services including but not limited to: brand identity and strategy, website design and development, mobile application development, graphic design, digital marketing, content creation, AI-powered solutions, and strategic consulting (collectively, the “Services”). AI-powered solutions may include, but are not limited to: AI-assisted copywriting, image generation, video production, code generation, automation workflows, predictive analytics, and AI-augmented creative development. The specific AI tools and platforms used in any engagement may vary and are subject to the “Use of Artificial Intelligence” section of these Terms.

The specific scope, deliverables, timelines, and fees for any project engagement will be defined in a separate Master Service Agreement (MSA), Statement of Work (SOW), or equivalent written agreement between Colony and the client. In the event of a conflict between these Terms and any such agreement, the terms of the specific project agreement shall prevail.

The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

The Colony Arcade. We also operate a free online arcade at arcade.colonycreative.com. The Arcade is offered free of charge, is not a client engagement, and is not part of any paid Services. Your use of the Arcade is governed by these Terms as modified by the section titled “The Colony Arcade” below. The sections of these Terms addressing Payment Terms, Project Cancellation and Termination, and Confidentiality apply only to paid client engagements and do not apply to your use of the Arcade.

In Short: The Arcade is free and provided as-is. Pick a display name you would be happy for anyone to see, play honestly, and understand that scores can be reset or lost.

This section governs your use of the free online arcade at arcade.colonycreative.com (the “Arcade”). Where it differs from the rest of these Terms, this section governs.

Accounts

You may browse and play the Arcade without an account, and you may post scores as a guest. Creating an account is optional; it lets your scores and badge follow you between devices and lets you manage or delete them later. You are responsible for keeping your password confidential and for activity that occurs under your account. You must provide an email address you control, and you may not create an account on behalf of anyone else or impersonate any person. You can delete your account at any time from your profile in the Arcade. You must be at least 13 years old to create an Arcade account. If you are under the age of majority where you live, you may use the Arcade only with the permission and involvement of a parent or legal guardian.

Your display name

The display name, initials, badge and card choices, and scores you submit, whether as a guest or from an account, are “Player Content.” The Arcade does not accept file uploads of any kind, so your display name is the only free-text content you can put into it.

You keep ownership of your Player Content. By submitting it, you grant us a non-exclusive, worldwide, royalty-free licence to store, reproduce, and display it for the sole purpose of operating the Arcade, including showing it on the leaderboard to other players. This licence ends when you delete the content or your account, except for copies already made as part of routine backups.

Content standards

Your display name is shown to other players. You agree not to choose a display name that:

• Impersonates any real person, or suggests affiliation with or endorsement by Colony;
• Infringes any trademark or other right;
• Is sexually explicit, violent, or obscene;
• Harasses, threatens, or promotes hatred against any person or group;
• Contains anyone’s personal information, including your own contact details; or
• Is unlawful or promotes unlawful activity.

We do not pre-screen Player Content and have no obligation to monitor it. We may, at our sole discretion and without notice, remove or reset any display name, remove any score, and suspend or close any account. To report Player Content, contact info@colonycreative.com.

Fair play

The Arcade is a free game with no prizes. Still, you agree not to:

• Submit any score obtained other than by genuinely playing the game;
• Use bots, scripts, or any automated means to play or to submit scores;
• Modify the game code, or intercept or alter network requests, to affect gameplay or scoring; or
• Use multiple accounts to occupy leaderboard positions.

We may remove any score we believe was not honestly earned, and close any account used to do so, at our discretion and without notice.

Provided as-is

The Arcade is provided free of charge and “as is,” without warranty of any kind. We may change, suspend, or discontinue it, in whole or in part, at any time and without notice. Scores, leaderboards, unlocked items, and saved progress may be reset, altered, or lost at any time, and we have no liability for that. The Arcade is offered for entertainment. Do not rely on it to store anything you would be upset to lose.

Disputes about the Arcade

The sections of these Terms titled “Governing Law and Dispute Resolution” and “Limitation of Liability” are written for our paid client engagements and do not apply to your use of the Arcade. For the Arcade, the following applies instead:

• These Terms are governed by the laws of the State of Tennessee, and any dispute relating to the Arcade may be brought in the state or federal courts located in Tennessee. Nothing here prevents either of us from bringing an individual claim in small claims court.
• To the maximum extent permitted by law, our total liability to you arising out of or relating to the Arcade is limited to one hundred US dollars ($100). Some jurisdictions do not allow certain exclusions or limitations of liability; where that is the case, this limitation applies only to the extent permitted.
• Your use of the Arcade is not subject to mandatory arbitration or to the class-action waiver set out elsewhere in these Terms.

In Short: We own all content on our Services. Project deliverable ownership is governed by individual client agreements.

Our Content

Unless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws.

The Content and Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Client Project Deliverables

Ownership and licensing of creative work, designs, code, and other deliverables produced for client projects are governed by the terms of the applicable Master Service Agreement or Statement of Work between Colony and the client. Generally:

• Upon full payment, clients receive agreed-upon rights to final approved deliverables as specified in their project agreement
• Colony retains the right to display work in portfolios and case studies unless otherwise agreed in writing
• Pre-existing intellectual property, proprietary tools, frameworks, and methodologies remain the property of Colony
• Third-party and open-source materials incorporated into a deliverable (including stock media, fonts, software libraries, plugins, themes, APIs, and SaaS components) remain subject to their applicable licenses, terms, and continuing subscription requirements, if any

AI-Generated Content

Some deliverables produced by Colony may include content generated in whole or in part using artificial intelligence tools, including but not limited to text, images, video, code, and other creative outputs (“AI-Generated Content”).

Ownership and licensing of AI-Generated Content is subject to the following:

• The current legal landscape around copyright ownership of AI-generated works is evolving. Colony makes no warranty that AI-Generated Content is eligible for copyright protection under applicable law.
• AI-assisted or AI-generated elements may not be eligible for intellectual-property protection in all circumstances and may resemble existing material. Colony does not guarantee the originality, copyrightability, or exclusivity of AI-generated elements except as expressly stated in a signed client agreement.
• Clients are responsible for independently evaluating the suitability of AI-Generated Content for their intended use, including any industry-specific compliance requirements (e.g., healthcare, finance, legal).
• Clients who require that no AI tools be used in the production of their deliverables must notify Colony in writing prior to project commencement. This restriction must be documented in the applicable Master Service Agreement or Statement of Work, and pricing and timelines will be adjusted accordingly.
• Pre-existing intellectual property owned by the client that is submitted as input to AI tools (e.g., brand assets, copy, imagery) remains the property of the client. See §10 (Confidentiality) and the Privacy Policy for how such materials are handled.

AI-Generated Likenesses and Video

Colony may use generative AI video tools to produce video content that includes AI-generated human likenesses, environments, or other visual elements. With respect to such content:

• AI-generated likenesses of specific, identifiable real people require that person’s consent. Where a client requests such content, the client is responsible for securing and documenting that consent before Colony produces it.
• Clients are solely responsible for ensuring that any AI-generated video or imagery used in their advertising campaigns complies with applicable rights of publicity, name, image, likeness, voice, digital-replica, and synthetic-media laws, including Tennessee’s Ensuring Likeness, Voice, and Image Security Act of 2024 (the “ELVIS Act”) where applicable, and any other applicable state or federal laws.
• Clients must review and approve all AI-generated video content before publication and bear responsibility for any third-party claims arising from the published use of such content.

In Short: You may not use our Services for anything other than their intended purpose. Misuse is prohibited.

You may not access or use the Services for any purpose other than that for which we make the Services available.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means
• Use the Services to advertise or offer to sell goods and services without our authorization
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services
• Attempt to impersonate another user or person or use the username of another user
• Use any information obtained from the Services in order to harass, abuse, or harm another person
• Copy or adapt the Services’ software, including but not limited to HTML, CSS, JavaScript, or other code
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services
• Use Colony’s Services, platforms, or any AI tools provided by Colony to generate content that violates the terms of service of any AI platform, infringes third-party intellectual property rights, creates deceptive synthetic media (including deepfakes of real individuals), or violates any applicable federal, state, or local law

In Short: Payment terms for project work are defined in individual client agreements. General billing policies are outlined here.

Specific payment schedules, rates, and terms for project engagements are defined in the applicable Master Service Agreement, Statement of Work, or project proposal between Colony and the client.

General payment terms include:

• All fees are quoted in US Dollars (USD) unless otherwise specified in writing
• Invoices are due upon receipt or within the timeframe specified in the applicable project agreement (typically Net 15 or Net 30)
• Late payments may be subject to a service charge as specified in the applicable project agreement
• Colony reserves the right to suspend work on any project with outstanding unpaid invoices
• Refund eligibility is determined by the terms of the applicable project agreement. Deposits for custom creative work are generally non-refundable once work has commenced

You agree to provide current, complete, and accurate billing information for all transactions. You agree to promptly update your account and payment information so that we can complete your transactions and contact you as needed.

In Short: Either party may terminate a project engagement subject to the terms in their specific agreement and applicable notice periods.

Project cancellation and termination terms are governed by the applicable Master Service Agreement or Statement of Work. General provisions include:

• Either party may terminate a project engagement with written notice as specified in the project agreement (typically 30 days)
• In the event of client-initiated cancellation, client is responsible for payment of all work completed through the date of termination plus any pre-approved expenses
• Colony may terminate an engagement immediately if the client breaches any material term of the agreement, including non-payment
• Upon termination, Colony will deliver all completed work product that has been paid for in full
• Provisions relating to intellectual property, confidentiality, and limitation of liability survive termination

In Short: The website and the free Arcade are provided “as is.” Paid work is governed by your signed agreement. We do not guarantee specific business outcomes.

THE PUBLIC WEBSITE, ITS INFORMATIONAL CONTENT, AND THE FREE COLONY ARCADE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PAID PROFESSIONAL SERVICES AND PROJECT DELIVERABLES ARE GOVERNED BY THE APPLICABLE WRITTEN CLIENT AGREEMENT.

No guaranteed outcomes

Unless expressly guaranteed in a signed agreement, Colony does not guarantee particular revenue, rankings, traffic, conversions, advertising performance, business results, or other outcomes.

Third-party platforms and services

Colony may rely on third-party platforms, APIs, hosting providers, advertising networks, software, cloud services, AI tools, and other technology outside its control. Colony is not responsible for outages, policy changes, deprecations, pricing changes, feature changes, access restrictions, or other third-party actions outside its reasonable control that affect the Services. Third-party platforms establish and change their own policies; allocation of responsibility for platform compliance, regulated claims, disclosures, approvals, and campaign operation is governed by the applicable client agreement.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

• Errors, mistakes, or inaccuracies of content and materials
• Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services
• Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
• Any interruption or cessation of transmission to or from the Services
• Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party

In Short: Our liability is limited to the amount you have paid us for Services in the preceding twelve months.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

In Short: You agree to indemnify and hold Colony harmless from claims arising out of your misuse of our Services.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• Your use of the Services
• Breach of these Terms of Service
• Any breach of your representations and warranties set forth in these Terms of Service
• Your violation of the rights of a third party, including but not limited to intellectual property rights
• Any overt harmful act toward any other user of the Services with whom you connected via the Services
• Any claims arising from the client’s publication, broadcast, or distribution of AI-generated content produced by Colony, including but not limited to claims of intellectual property infringement, right-of-publicity violations, defamation, or violation of ad platform policies

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

In Short: Both parties agree to protect confidential information shared during the course of a project engagement.

During the course of any project engagement, either party may share proprietary or confidential information with the other. Both parties agree to maintain the confidentiality of such information and not to disclose it to any third party without prior written consent, except as required by law.

Confidential information does not include information that:

• Was already known to the receiving party prior to disclosure
• Is or becomes publicly available through no fault of the receiving party
• Is independently developed by the receiving party without reference to the confidential information
• Is rightfully received from a third party without restriction on disclosure

AI Processing of Confidential Materials

In the course of delivering Services, Colony may use approved third-party technology providers, including AI tools, to assist in processing, analyzing, or generating content. Client materials submitted to Colony, including briefs, brand assets, copy, data, and other inputs, may be processed through such tools as part of the production workflow.

Confidential, sensitive, regulated, or specially restricted information will be handled in accordance with the applicable client agreement, NDA, DPA, BAA, and legal requirements. Clients with heightened confidentiality or regulatory requirements, including those operating under HIPAA, GDPR, or similar frameworks, should identify any special data-handling restrictions in writing before providing regulated or specially restricted information, and Colony will work to accommodate those requirements within the applicable project agreement.

Where Colony acts as a Business Associate and receives Protected Health Information (PHI), the applicable Business Associate Agreement controls the permitted use, disclosure, safeguarding, and subcontracting of that information.

Specific confidentiality terms, including Non-Disclosure Agreements (NDAs), may be established in individual project agreements and shall take precedence over these general provisions.

In Short: These Terms are governed by the laws of the State of Tennessee. Arcade disputes follow the Arcade section; client disputes follow the signed agreement, or the arbitration process below where none is specified.

These Terms shall be governed by and defined following the laws of the State of Tennessee, United States. Disputes relating to the Colony Arcade are governed by the section titled “The Colony Arcade.” Disputes arising under a signed Master Service Agreement, Statement of Work, or other written client agreement are governed by that agreement’s dispute-resolution terms; where such an agreement does not specify a process, the process below applies. The state and federal courts located in Tennessee have jurisdiction over any matter not subject to arbitration, and over any proceeding to compel arbitration or to enter or enforce an arbitral award.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service, the parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

Binding Arbitration

Any dispute arising out of or in connection with these Terms of Service, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be held in Nashville, Tennessee. The award of the arbitrator shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction thereof.

Restrictions

The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

These Terms of Service, any policies or operating rules posted by us on the Services, and any applicable written client agreement together constitute the agreement between you and us concerning their respective subject matter. In the event of a conflict, the applicable signed client agreement controls. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Services. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.

Colony’s use of third-party tools, platforms, and services, including artificial intelligence tools, in the production of client deliverables does not create any contractual relationship between the client and such third-party providers, and does not make Colony an agent or representative of any such third party.

In Short: We may update these Terms by posting a revised version and updating the “Last updated” date. Changes do not modify an existing signed client agreement unless agreed in writing.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.

Changes to these Terms do not modify an existing signed Master Service Agreement, Statement of Work, or other client agreement unless the parties agree otherwise in writing.

Please ensure you check the applicable Terms every time you use our Services so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.

In Short: Colony may use AI-assisted tools as part of its normal workflow. AI output can contain errors or resemble existing material. Clients approve final work, and any restrictions on AI use must be agreed in writing before a project begins.

Colony may use third-party artificial-intelligence, cloud, development, automation, analytics, image, video, and creative-production tools as part of its normal workflow. The providers and tools used may change over time. Information about the material providers used for a specific client engagement is available upon reasonable written request where appropriate.

Colony may use AI-assisted tools in combination with human direction, review, editing, or quality-control processes appropriate to the applicable engagement. The use of AI tools does not diminish Colony’s professional responsibility for the quality and fitness of delivered work as defined in the applicable client agreement.

AI-generated elements may contain errors, inaccuracies, omissions, or bias, and may resemble existing material. Colony does not guarantee the accuracy, originality, copyrightability, or platform treatment of AI-generated elements. Clients are responsible for final review and approval of deliverables, and clients in regulated industries are responsible for ensuring AI-assisted deliverables meet applicable regulations, platform policies, and compliance requirements before publication or deployment.

Restrictions on AI use

Clients who wish to restrict or prohibit the use of AI tools or AI-generated content in their project must state that requirement in writing before the project begins and have it documented in the applicable Master Service Agreement or Statement of Work. Restrictions may affect pricing, timelines, or feasibility, and Colony may decline engagements where restrictions are incompatible with its standard workflow.

Third-party AI systems

Third-party AI systems are outside Colony’s control and may change, fail, or become unavailable. Colony’s use of a third-party tool does not constitute an endorsement of it. Regulated, confidential, or specially restricted information is handled in accordance with the applicable client agreement, NDA, DPA, BAA, and legal requirements.

If you have questions or comments about these Terms of Service, you may contact us by email at info@colonycreative.com, by phone at 1-629-777-5660, or by post at: