Terms of Service
Effective Date: Jan 1st 2026
These Terms of Service govern your use of the Over and Up website. By accessing or using this website, you agree to these Terms.
If you do not agree to these Terms, please do not use this website.
1. About Over and Up
Over and Up is a creative agency that provides services such as brand strategy, identity design, web design and development, video production, content creation, and related creative and marketing services.
The information on this website is provided for general informational and promotional purposes.
2. Use of This Website
You agree to use this website only for lawful purposes and in a way that does not harm, disrupt, or interfere with the website or the experience of other users.
You agree not to:
- Attempt to gain unauthorized access to the website or related systems
- Use the website for fraudulent, harmful, or unlawful activity
- Copy, scrape, or misuse website content
- Upload or transmit viruses, malware, or harmful code
- Interfere with the security or functionality of the website
3. Website Content
All content on this website, including text, images, graphics, videos, logos, layouts, case studies, and design elements, is owned by Over and Up or used with permission unless otherwise stated.
You may view and share website pages for personal or business reference, but you may not copy, reproduce, modify, distribute, or use our content for commercial purposes without written permission.
4. Portfolio and Case Studies
Our website may include examples of past work, client projects, case studies, photography, video, design, and strategy.
These examples are provided to show the type and quality of work Over and Up provides. They do not guarantee specific results for future projects.
All client names, logos, marks, and project materials remain the property of their respective owners.
5. No Guarantee of Results
We care deeply about strong creative work and clear business thinking, but we do not guarantee specific business outcomes, sales increases, traffic growth, revenue, rankings, or performance results from use of this website or from engaging our services.
Project outcomes depend on many factors, including scope, timing, market conditions, client participation, strategy, budget, implementation, and ongoing execution.
6. Inquiries and Proposals
Submitting a contact form, inquiry, or project request does not create a client relationship.
A client relationship is only formed when both parties agree to a written proposal, statement of work, agreement, or other formal engagement.
Any timelines, prices, or service descriptions discussed through the website or initial communication are estimates unless confirmed in a written agreement.
7. Third-Party Tools and Links
This website may link to third-party websites or use third-party tools, platforms, plugins, analytics services, or embedded content.
Over and Up is not responsible for the content, security, policies, availability, or practices of third-party websites or services.
Your use of third-party tools or websites is subject to their own terms and policies.
8. Intellectual Property
The Over and Up name, logo, brand elements, website content, and original materials are protected by intellectual property laws.
Nothing on this website grants you ownership or license to use Over and Up’s intellectual property without written permission.
For client projects, ownership and usage rights for final deliverables are governed by the applicable written agreement between Over and Up and the client.
9. Disclaimer
This website is provided “as is” and “as available.”
We make reasonable efforts to keep the website accurate and available, but we do not guarantee that the website will be error-free, uninterrupted, secure, or current at all times.
We may update, remove, or change website content at any time without notice.
10. Limitation of Liability
To the fullest extent permitted by law, Over and Up will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of this website.
This includes damages related to website errors, downtime, third-party links, loss of data, loss of business, or reliance on information provided on the website.
11. Indemnification
You agree to defend, indemnify, and hold harmless Over and Up from any claims, damages, losses, liabilities, costs, or expenses arising from your misuse of this website, violation of these Terms, or violation of any law or third-party rights.
12. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page.
Your continued use of the website after changes are posted means you accept the updated Terms.
13. Governing Law
These Terms are governed by the laws of the State of Tennessee, without regard to conflict of law principles.
Any disputes related to these Terms or use of this website will be handled in the appropriate courts located in Tennessee.
14. Contact Us
If you have questions about these Terms, contact us at:
Over and Up
luke@overandup.com