As a condition to utilizing certain services of the Service, you may be required to register and create an account at Createsie and select a username and password. When creating your account, you agree to provide accurate and complete information. Failure to do so may result in deletion of your account. Createsie may require you to connect to a third party site to verify your existing credentials on that site in order to register with Createsie. By allowing Createsie to connect to that site and authorizing that site to connect to Createsie, you give us permission to retrieve information from your account on that site for use on Createsie. By providing Createsie with this information, you consent to Createsie use of that information to provided the Service to you. This may include an email address in which you agree to allow Createsie to contact you from time to time to give you notices, updates, offers, or any other information relating to Createsie and its services. You may opt out of email notices by emailing us directly at email@example.com.
Your account or username may not be used for any of the following purposes:
You are solely responsible for any activity that occurs on your account and shall be responsible for keeping your account information and password confidential. We urge that you utilize passwords that are not easy to decipher. You are not allowed at any time to use the account of any other user without expressed authorization of any user. If there is any unauthorized use of your account you must notify Createsie immediately. We are not responsible for any loss that occurs from such unauthorized use of your account.
Rules of Conduct
As a condition to the use of the Service, you agree to use the site in a manner that is not prohibited by this agreement. The Service is provided for your own personal, non commercial use. You are solely responsible for any activity you conduct by utilizing the Service. You are also solely responsible for any content you create on the Service. By content ("Content") we mean without limitation any text, advice, comment, images, software, data, information, scripts, graphics, video clips, audio clips by you or any third party that. You may not take any action to upload, create, post, submit, or otherwise distribute any content that:
In addition you may not do any of the following:
We reserve the right to remove any Content from the Service at any time for any reason.
Parts of the service allows users to post content such as web clips, files, blogs, profile information, comments, questions, photos, images, links, video clips, audio clips, text, data, scripts, graphics, art from the web, data device, hard drive, media, or other sources (Collectively as "Content").
YOU ARE SOLEY RESPONSIBLE FOR ALL CONTENT THAT IS POSTED BY YOU. YOU AGREE AND UNDERSTAND THAT ANY CONTENT POST DOES NOT VIOLATE THE RIGHTS OF ANY THIRD PARTY INCLUDING WITHOUT LIMITATION INTELECTUAL PROPERTY, COPYRIGHT, PATENT RIGHTS, TRADEMARK, RIGHTS OF PUBLICITY, RIGHTS TO NAME OR LIKENESS, ANY RIGHT TO PRIVACY THAT MAY NOW EXIST OR WILL COME TO EXIST IN THE FUTURE.
Createsie IS NOT RESPONSIBLE OR ASSUMES NO RESPONSIBILITY FOR ANY CONTENT YOU OR ANY THIRD PARTY SUBMITS OR POSTS TO OR VIA THE SERVICE. WE DO NOT ENDORSE OR HAVE ANY CONTROL OVER USER CONTENT. WE DO NOT HAVE ANY OBLIGATION TO MONITOR THE SERVICE OR THE CONTENT SUBMITTED OR POSTED BY YOU ANY OTHER USER. UNDER NO CIRCUMSTANCES WILL Createsie BE LIABLE IN ANY WAY FOR ANY CONTENT BY YOU OR ANY THIRD PARTY INCLUDING TO BUT NOT LIMITED TO ANY ERRORS OR OMMISSIONS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OR IN CONNECTION TO ANY CONTT POSTED, EMAILED, ACCESSED, TRASMITTED OR OTHERWISE DERIVED FROM THE SERVICE.
By posting or submitting Content to the Service you hereby expressly grant, and warrant that you have the authority to grant, to Createsie and its Service a worldwide, non-exclusive, perpetual, irrevocable, royalty free, sublicensable, and fully transferable right to use, modify, reproduce, distribute, display, syndicate, translate, edit, publish, list information regarding, perform, and otherwise fully exploit the Content including but not limited to your name, likeness, photo, images, in whole or in part, and in any form, media or technology, in connection with Createsie or the Service's business, including without limitation to promoting and redistributing part or all of Service in any media formats and through any media channels (including any third party sites).
By submitting or posting Content you also hereby expressly grant, and warrant that you have the authority to grant, to each user, account holder, or otherwise visitor to the Service or Createsie the a non-exclusive right to access your Content through or via the Service and to use, modify, reproduce, distribute, prepare derivative works of, and perform any acts as permitted by the functionality of the site or the services provided by the Service and pursuant to this Agreement.
Digital Millennium Copyright Act Notice
It is our policy to fully comply with the Digital Millennium Copyright Act of 1998 ("DMCA""). If you believe that your work has been infringed upon via our Service and is protected by the DMCA please submit your complaint to our designated DMCA agent listed below. In order for your complaint to valid under the DMCA you must provide at a minimum the following in writing:
If the content provider or user believes that the Content that was removed or disable is no infringing on ay copright or that the user has the right to submit or post the content, the content provider or user must supply the following Counter-Notice to the Designated Agent. The Counter Notice must contain the following:
If a counter-notice is received by the designated agent, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Please note that the above procedures and requirements are meant to comply with the DMCA; it does not constitute nor are we giving you legal advice. Please consult with an attorney regarding your rights under the DMCA and US copyright laws. The contact info for our designated DMCA Agent is: Nicolas Nguyen, ________________________, Irvine, CA.
Third Party Links
The Service may provide links or access to third party sites, advertisers, or services that are not managed by or controlled by Createsie and its partners. You agree that you access these sites at your own risk. We do not endorse, assume responsibility, or are liable for any information, content, statement, data, or any aspect of these third party sites or resources in any way. By accessing any third party site via our Service you agree that we are not liable for any loss or damages that arise from your use or access to that site. Any payment, transaction, or relationship that you create with that third party site are between you and that third party site and you will hold harmless Createsie and agree that we are not liable for any damage or loss that come from said connections.
By accessing and using our Service you agree to indemnify, defend, and hold harmless Createsie and its subsidiaries, agents, affiliates, employees, contractors, directors, representatives, suppliers, officers, licensors, and partners from and against any and all claims, damages, obligations, losses, claims, expenses, and liabilities including reasonable attorney's fees that arise from or result from (i) your use of and access to the Service (including any content sent or retrieved by you); (ii) your breach of this Agreement (iii) your violation or infringement of any intellectual property, copyright, proprietary right or any third party right; or (iv) your violation of any state, federal, or local law or regulation.
THE SERVICE IS PROVIDED ON AN 'AS IS' AND AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LMIITED TO ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Createsie AND THE SERVICE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, SECURE, CORRECT, OR AVAILABLE AT ANY TIME; THAT ANY ERRORS WILL BE CORRECTED; THAT THE SERVICE IS FREE OF VIRUSES; THAT THE SERVICE MEETS YOUR REQUIREMENTS. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. ANY DOWNLOADED MATERIAL, FILE, INFORMATION, VIDEO OR DATA IS DOWNLOADED AT YOUR OWN RISK AND WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF DATA TO YOUR COMPUTER OR MOBILE DEVICE. WE MAKE NO WARRANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED TO AND FROM THIRD PARTY SITES OR SERVICES.
The content provided on the Service is for entertainment purposes only and should not be relied upon in any way. We make no representations or warranties concerning the correctness, reliability, accuracy, usefulness, completeness, relevancy, or timeliness of said content. Createsie and the Service is not liable or responsible for any content or any person's reliance on such content.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Createsie, THE SERVICE, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, REPRESENTATIVES, LICENSORS, AFFILIATES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL R EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGESFOR LOSS OF PROFITS, GOODWILL, USE, DATA, OTHER INTAGIBLE LOSSES, OR ANY DAMAGES THAT EXCEED THE AMOUNT PAID TO Createsie BY YOU, THAT RESULT FROM (I) THE USE OF, MISUSE OF, OR INABILITY TO USE THE SERVICE; (II) FOR ANY VIRUSES, MALWARE, TROJAN HORSES, BUGS, ADWARE, OR THE LIKE (III) ERORS, INACCURACIES, MISTAKES OF CONTENT OR DATA; (IV) ANY UNAUTHORIZED USE OR ACCESS OR HACKING OF PERSONAL INFORMATION STORED IN OUR SERVERS; OR (V) ANY TERMINATION, DOWNTOWN, INABILITY TO ACCESS, OR CESSATION OF TRANSMISSION TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMTATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE SERVICE IS MANAGED AND CONTROLLED BY ITS FACILTIES IN THE UNITED STATES. WE MAKE NO REPRESENTATIOS OR WARRANTIES WITH REGARDS TO THE SERVICE AS IT IS ACCESSED BY USERS FROM LOCATIONS OUTSIDE THE UNITEDS TATES.
This Agreement and any rights or obligations that arise from it may not be transferred or assigned by you without expressed written consent by Createsie. Createsie may assign this agreement without limitation or restriction.
We may terminate your account and restrict access to all or any part of the Service at any time with no prior notice, with or without cause. This may result in destruction, deletion, or forfeiture of all information or data associated with your account or membership with us. If you wish to terminate your membership or account with us, follow the instructions on the Service. The terms of this agreement shall survive any termination of your account or membership.
This Agreement constitutes the entire agreement between Createsie and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Createsie, or by the posting by Createsie of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orange County, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Createsie may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Questions, Ideas, Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.