Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the website located at smakkstudios.com and any related pages, content, and services we make available on it (the “Site”). The Site is operated by Monaghan Farkas Inc, doing business as SMAKK Studios (“SMAKK,” “we,” “us,” or “our”), 2705 W Creek Ave, Cutchogue, NY 11935.
By using the Site, you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Site.
Who we are
SMAKK Studios is a brand and marketing agency. The Site is provided so you can learn about our work, our team, and how we work with beauty, wellness, and CPG brands. Nothing on the Site is an offer to sell products, and the Site is not an online store.
Using the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- use the Site in any way that violates applicable law or regulation;
- attempt to gain unauthorized access to the Site, our systems, or related servers;
- interfere with or disrupt the Site, including by introducing malware or overloading it;
- copy, scrape, harvest, or systematically download Site content except as allowed by ordinary browser use or search-engine indexing;
- misrepresent your identity or affiliation when you contact us or submit a form.
We may suspend or stop providing the Site, or any part of it, at any time.
Intellectual property
The Site and its contents — including text, photography, video, illustrations, logos, case-study layouts, and the selection and arrangement of materials — are owned by SMAKK or our licensors and are protected by copyright, trademark, and other laws.
SMAKK, SMAKK Studios, and related marks are trademarks of Monaghan Farkas Inc. Client names, product names, and logos shown in our work belong to those clients. You may not use our marks or our clients’ marks without prior written permission from the owner.
You may view and print pages from the Site for your own personal, non-commercial use. You may not reproduce, distribute, modify, or create derivative works from Site content, or use it in your own marketing, without our written permission — except for brief quotations with credit, or as otherwise allowed by law (including fair use).
Work shown on the Site
Case studies, project stories, and images of brands we have worked with are for illustration. They describe work we have done; they are not an endorsement by those clients of any other brand, and they are not a guarantee of similar results. Some older work may no longer be live. We may update, anonymize, or remove examples at any time.
No professional advice
Content on the Site — including articles, insights, and capability descriptions — is for general information. It is not legal, medical, financial, or other professional advice, and it does not create a client relationship. You should not rely on it as a substitute for advice about your own business.
Inquiries and forms
If you submit information through “Start a conversation,” a newsletter signup, or another form, you agree that the information is accurate to the best of your knowledge and that we may use it to respond to you and to operate the Site, as described in our Privacy Policy. Submitting a form does not obligate either of us to enter into a project.
Please do not send confidential business information through the Site unless we have asked you to and you have an agreement in place with us. Unsolicited ideas may be similar to work we are already exploring; we are not obligated to treat unsolicited submissions as confidential or to compensate you for them.
Third-party links and tools
The Site may link to third-party websites, platforms, or embeds (for example, video hosts or social networks). We do not control those services and are not responsible for their content, policies, or practices. Your use of them is at your own risk and subject to their terms.
Disclaimer of warranties
The Site is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or free of harmful components, or that content will be accurate or complete.
Limitation of liability
To the fullest extent permitted by law, SMAKK and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or related to your use of the Site, even if we have been advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to the Site will not exceed one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations; in those places, our liability is limited to the maximum extent permitted by law.
Indemnity
You agree to defend, indemnify, and hold harmless SMAKK and its officers, directors, employees, and agents from claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site or your violation of these Terms.
Governing law
These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. You agree that courts located in New York will have exclusive jurisdiction over disputes arising from these Terms or the Site, except that we may seek injunctive relief in any jurisdiction to protect our intellectual property.
Changes
We may update these Terms from time to time. The “Last updated” date at the top of this page will change when we do. Your continued use of the Site after an update means you accept the revised Terms.
Contact
Questions about these Terms can be sent to [email protected] or to SMAKK Studios, 2705 W Creek Ave, Cutchogue, NY 11935.