We are Intentionally Creative (“Company,” “we,” “us,” “our”), a company registered in New York, United States at 4465 E Genesee St. Syracuse NY 13214-2229, Syracuse, NY 13214-2229.
We operate the website https://get-creative.co/ (the “Site”), marketing services, text messaging services, and any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
IMPORTANT NOTICE: Our Services involve marketing for alcoholic beverage retailers. You must be 21 years of age or older to use our Services or receive marketing communications about alcoholic beverages.
You can contact us by email at hello@get-creative.co or by mail to 4465 E Genesee St. Syracuse NY 13214-2229, Syracuse, NY 13214-2229, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Intentionally Creative, concerning your access to and use of the Services.
1. OUR SERVICES
The Services provide digital marketing solutions specifically for licensed alcoholic beverage retailers. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution would be contrary to law or regulation.
Age Restriction: All Services are strictly limited to persons 21 years of age or older. By using our Services, you affirm that you are at least 21 years old.
2. ALCOHOL MARKETING COMPLIANCE
Federal Compliance
Our Services comply with all applicable federal laws and regulations, including:
Federal Trade Commission (FTC) advertising standards
Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations (27 CFR Parts 4, 5, 7, and 14)
Federal Alcohol Administration Act requirements
State Compliance
Users acknowledge that alcohol marketing laws vary by state. It is the responsibility of our clients to ensure compliance with their specific state and local regulations, including but not limited to:
State Alcoholic Beverage Control (ABC) laws
Tied-house restrictions
Advertising placement restrictions
Required disclaimers and warnings
Marketing Standards
All marketing materials created through our Services will:
Include appropriate health warnings where required
Not target individuals under 21 years of age
Not promote excessive consumption or intoxication
Comply with industry self-regulatory codes (DISCUS, Beer Institute, Wine Institute)
Include “Drink Responsibly” messaging where appropriate
3. A2P MESSAGING COMPLIANCE AND CONSENT
A2P 10DLC Registration
Our text messaging services are registered and compliant with A2P 10DLC (Application-to-Person 10-Digit Long Code) requirements through The Campaign Registry (TCR) and mobile carriers.
TCPA Compliance
All text messaging services comply with the Telephone Consumer Protection Act (TCPA), including:
Obtaining prior express written consent before sending marketing messages
Maintaining consent records for a minimum of 4 years
Honoring opt-out requests immediately
Including clear and conspicuous disclosures
SMS/MMS Terms and Conditions
Message Frequency: Message frequency varies. Recurring messages will be sent based on your preferences.
Message and Data Rates: Message and data rates may apply. Check with your mobile carrier for details on your plan.
Opt-In Consent: By providing your mobile phone number and opting in, you expressly consent to receive:
Marketing and promotional messages about alcoholic beverages (21+ only)
Transactional messages related to your account or services
Informational updates about our clients’ products and services
How to Opt-In:
Text JOIN or START to designated short code
Complete online signup form with explicit consent checkbox
Provide verbal consent (recorded and documented)
How to Opt-Out:
Text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message
Supported Carriers: AT&T, Verizon Wireless, T-Mobile, Sprint, Boost Mobile, Cricket Wireless, MetroPCS, U.S. Cellular, Virgin Mobile, and others. Carrier support subject to change.
CTIA Compliance
Our messaging programs comply with CTIA (Cellular Telecommunications Industry Association) Messaging Principles and Best Practices, including:
Clear program description
Explicit opt-in mechanisms
Easy opt-out procedures
Help command functionality
Privacy policy disclosure
CAN-SPAM Compliance
Email marketing services comply with CAN-SPAM Act requirements:
Accurate header information
Clear identification as advertisement
Valid physical postal address
Functioning opt-out mechanism
Honor opt-out requests within 10 business days
4. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics.
TTB Compliance for Labels and Advertising
Any alcoholic beverage labels or advertising materials must comply with TTB regulations. Clients are responsible for obtaining necessary Certificates of Label Approval (COLAs) and advertising pre-clearance where required.
Your Use of Our Services
Subject to compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services solely for lawful business purposes related to alcohol marketing.
5. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
You are at least 21 years of age
You have the legal capacity to agree to these Legal Terms
You are a licensed alcoholic beverage retailer or authorized representative
You will comply with all applicable federal, state, and local laws
You will not use the Services for any illegal or unauthorized purpose
You will maintain current and valid licenses for alcohol sales
You will provide accurate age-gating on all digital properties
You will not market to individuals under 21 years of age
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
ACH Bank transfer
Visa
Mastercard
Discover
PayPal
All payments shall be in US dollars. Sales tax will be added as required by law.
7. REFUND POLICY
Refunds are evaluated on a case-by-case basis. Services must comply with applicable advertising laws; non-compliant campaigns may be terminated without refund.
8. PROHIBITED ACTIVITIES
You may not use the Services to:
Market alcoholic beverages to persons under 21 years of age
Violate any federal, state, or local alcohol regulations
Send unsolicited text messages without proper consent
Engage in deceptive or misleading advertising practices
Violate tied-house laws or other regulatory restrictions
Share or sell consent records or customer data
Use automated systems to generate fake consent
Promote excessive consumption or intoxication
Make health claims about alcoholic beverages
Target protected classes with discriminatory messaging
9. USER GENERATED CONTRIBUTIONS
Any content you submit must:
Comply with all alcohol advertising regulations
Not appeal to persons under 21 years of age
Include required health warnings and disclaimers
Be truthful and not misleading
Not promote irresponsible consumption
10. CONTRIBUTION LICENSE
You grant us the right to use submitted content in compliance with applicable advertising laws and regulations.
11. SERVICES MANAGEMENT
We reserve the right to:
Monitor compliance with alcohol marketing regulations
Suspend services for non-compliance with A2P requirements
Report violations to appropriate regulatory authorities
Maintain records as required by law
Cooperate with regulatory investigations
12. PRIVACY POLICY
Our Privacy Policy complies with applicable data protection laws and includes specific provisions for:
A2P consent management
Age verification data
Marketing preference management
Data retention requirements
CCPA/CPRA compliance for California residents
13. TERM AND TERMINATION
We may terminate Services immediately for:
Violation of alcohol marketing laws
Non-compliance with A2P requirements
Loss of required licenses
Violation of carrier policies
Regulatory enforcement actions
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify Services to maintain compliance with changing regulations and carrier requirements.
15. GOVERNING LAW
These Legal Terms are governed by the laws of the State of New York and applicable federal laws, including FTC, TTB, and FCC regulations.
16. DISPUTE RESOLUTION
Informal Negotiations
Attempts to resolve disputes informally for at least thirty (30) days before initiating formal proceedings.
Binding Arbitration
Disputes resolved through binding arbitration under AAA Commercial Arbitration Rules, except for intellectual property and regulatory compliance matters.
17. CORRECTIONS
We reserve the right to correct errors and update information to maintain regulatory compliance.
18. DISCLAIMER
THE SERVICES ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” WE DO NOT GUARANTEE REGULATORY APPROVAL OF ANY MARKETING MATERIALS OR CAMPAIGNS. COMPLIANCE WITH APPLICABLE LAWS REMAINS YOUR RESPONSIBILITY.
19. LIMITATIONS OF LIABILITY
Our liability is limited to the amount paid for Services in the six (6) months prior to any claim. We are not liable for regulatory fines, penalties, or enforcement actions.
20. INDEMNIFICATION
You agree to indemnify us against any claims arising from:
Violation of alcohol marketing regulations
Non-compliance with A2P requirements
Breach of carrier policies
Regulatory investigations or enforcement
Third-party claims related to your marketing content
Violations of TCPA, CAN-SPAM, or other messaging laws
You consent to electronic communications in compliance with E-SIGN Act requirements.
23. CALIFORNIA USERS AND RESIDENTS
California residents have specific rights under CCPA/CPRA. Contact privacy@get-creative.co for privacy rights requests.
Complaint Assistance Unit of the Division of Consumer Services: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, (800) 952-5210.
24. MISCELLANEOUS
These Legal Terms constitute the entire agreement. Severability applies to any unenforceable provisions.
25. CONTACT US
For Service Inquiries: Intentionally Creative, 4465 E Genesee St. Syracuse NY 13214-2229, Syracuse, NY 13214-2229, United States. Email: hello@get-creative.co
