Terms of Service
Please read these Terms of Service fully and carefully before using (the “Website”) and the services, features, Content (defined below) or applications made available by Creatify Digital Ltd. (“we”, “us” or “our”) through the Website, including without limitation the Creatify Digital’s website design and hosting platform (the “Platform”) (collectively, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Services. IF you are using the services on behalf of an entity, you represent and warrant that you have all necessary right, authority and consent to bind such entity. In such cases, all references to “you” or “your” shall refer to both the individual and the entity.
1. Acceptance of Terms of Service.
a. By registering for and/or using any of the Services in any manner, including visiting or browsing the Website, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time through the Services by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
b. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
c. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service and your use of the Services (a) are in compliance with all laws, rules and regulations applicable to you and (b) do not violate any other agreement to which you are a party. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user Account or registration information for the Services without permission or share your Account or access credentials with any other individual. You should never publish, distribute or post login information for your Account. You must notify us immediately of any change in your eligibility to use the Services or breach of security or unauthorized use of your Account. You have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates, but Account deletion requests are subject to any additional terms governing use of any Paid Services (as defined below) for which you have signed up.
4. The Services.
Subject to these Terms of Service, Creatify Digital will use commercially reasonable efforts to make the Services available to you.
“Content” means information, data, text, photographs, videos, audio clips, artwork, designs, templates, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Creatify Digital hereby grants you a nonexclusive, nonsublicensable and nontransferable license to use and display Content solely for purposes of using the Services for your personal use on your own behalf. Use, reproduction, modification, distribution or storage of any Content (other than Customer Content (as defined below)) for any purpose other than using the Services is expressly prohibited without prior written permission from us. As between the parties, all Content, except for Customer Content, is owned by Creatify Digital or its licensors. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
c. Restrictions on Use of the Services.
You will not directly or indirectly (i) sell, license, sublicense, distribute, copy, rent or lease the Services or any Content, or include the Services in a service bureau, timeshare outsourcing offering, or otherwise make the Services available to, or use the Services for the benefit of, any third party, or transfer any of the rights that you receive hereunder; (ii) interfere with or disrupt the integrity or performance of the Services, or any thirdparty data contained therein, or attempt to gain unauthorized access to the Services or its related systems or networks; (iii) copy, modify, translate, or create derivative works based on the Services or any underlying software or any part, feature, function or user interface thereof, including by framing or mirroring any part of any Services or any Content; (iv) access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product, service or website; (v) decompile, disassemble, decipher or reverse engineer the Services, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (except to the extent such restriction is prohibited by applicable statutory law);
(vi) remove any copyright notices, information, and restrictions contained in the Services or any Content;
(vii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services) or take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (viii) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website or Services; or (ix) otherwise take any action in violation of our guidelines and policies, including these Terms of Service.
We are not and will not be responsible or liable for any failure in the Platform or Services resulting from or attributable to (i) Customer Content, or failures to deliver Customer Content to Creatify Digital; (ii) failures in any telecommunications, network or other service or equipment outside of Creaitfy Digital’s facilities; or (iii) any force majeure event or other cause beyond Creatify Digital’s reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate. We reserve the right, but do not have any obligation, to remove, edit, modify or block access to any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service).
5. Customer Content.
“Customer Content” means (i) any and all electronic data, content and information submitted to the Services or Creatify Digital by you or by a thirdparty on your behalf, or that is collected and processed by you or by a thirdparty on your behalf directly in connection with your use of the Services (“Customer Data”) (ii) any trademarks, trade names, logos, service marks, branding materials, designs or artwork provided to the Services or Creatify Digital by you or by a third party on your behalf (“Customer Marks”), and (iii) any custom trademarks, logos, written text or artwork that Creatify Digital agrees to design or create specifically for you as a commissioned work.
b. License to Customer Content.
By using the Services, including by providing your Customer Content, you hereby grant Creatify Digital a nonexclusive, worldwide, royaltyfree, fully paidup right and license to use, copy, access, process, reproduce, perform, display, modify, distribute and transmit your Customer Content on the Platform and in connection with providing the Services to you. You acknowledge and agree that (i) the quality of the Services and the Platform depend on the uploading or other provisioning of the Customer Content into the Platform or the Services, as applicable, and (ii) Creatify Digital will not assume any responsibility for, or undertake to verify, the legality, accuracy or completeness of the Customer Content provided by you or on your behalf.
c. Representations and Warranties.
You represent, warrant and covenant that (i) all Customer Content is accurate and compliant with all applicable laws, rules and regulations; (ii) you own all rights, title and interest in and to the Customer Content, or have otherwise secured all necessary rights in the Customer Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms of Service; (iii) you shall only use the Services in accordance with all applicable laws, rules and regulations, these Terms of Service and any relevant documentation provided by Creatify Digital; and (iv) you will not, and will not permit any third party to upload, download, post, submit, provide, transmit, distribute or otherwise make available to or through the Services any content or data that (A) is unlawful, infringing, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, or that otherwise violates any other right of any thirdparty, including any intellectual property, proprietary or privacy rights, or that is otherwise inappropriate, as determined by us in our sole discretion; (B) contains any viruses, code, files, or programs designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or that is or can be otherwise malicious or disruptive; (C) constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”) or otherwise violates federal CANSPAM regulation (you are responsible for complying with CANSPAM, including without limitation for supplying an “Unsubscribe” link in any emails required to include such link).
6. Third Party Services.
The Services may integrate with or permit you to link to other websites, plugins, services or resources on the Internet, and other websites, plugins, services or resources may contain links to the Services. When you access third party resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such resources. The inclusion of any such link or the availability or use of any such integration does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such resource. Creatify Digital will also not be responsible or liable for any failure in the Services attributable to your or any third party’s products, services, negligence, willful misconduct, breach of this Agreement or other unauthorized access or use.
7. Payments and Billing.
a. Paid Services.
Certain of our Services are or may in the future become subject to payments (the “Paid Services”). Please see our Paid Services page https://www.creatifydigital.com/pricing for a description of the currently available Paid Services and to sign up for Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Services. All amounts are stated in, and shall be paid in, British Pounds. We do not transmit invoices automatically but they can be provided in PDF format from our support department upon your request to email@example.com.
We use a thirdparty payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for errors by the Payment Processor but we reserve the right to correct any errors or mistakes that the Payment Processor makes, even if the Payment Processor has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Fees for Paid Services ordered on a subscription or autorenewing basis will be automatically charged on a recurring basis, and when signing up for a Paid Service, you will be able to select a recurring billing level and renewal term (e.g., monthly) (“Subscription”). Unless you cancel or change your Subscription in accordance with these Terms of Service, any Subscription you have signed up for will be automatically extended for successive renewal periods of the same duration as you originally selected, at the thencurrent nonpromotional rate. By signing up for a Subscription, you agree that we may submit the charges associated with such Subscription for payment on the applicable schedule and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Subscription. By signing up for a subscription you acknowledge and agree that we may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act. To terminate or alter your subscription or change your payment method, contact firstname.lastname@example.org. This does not waive our right to seek payment directly from you.
d. Current Information Required.
You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your account credentials or password. Changes to such information can be made at https://www.creatifydigital.com/myaccount if you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
e. Cancelling or Changing Paid Services.
To change or resign your Paid Services at any time, contact us at email@example.com. Any request for cancellation must be sent at least three (3) business days prior to the end of the Subscription term to allow for adequate processing time. Your nontermination or continued use of the relevant Paid Service reaffirms that we are authorized to charge your Payment Method the Fees for such Paid Service, including any associated fees (e.g. overage fees or late fees, to the extent applicable). If you terminate a Subscription, you may use the applicable Paid Service until the end of your then current Subscription term; however, your Subscription, and therefore access to the Paid Services, will not be renewed after your then current Subscription term expires. You will not be eligible for a prorated refund of any portion of any Fees paid for the then current Subscription period.
f. No Refunds.
Payment obligations are noncancelable. Except as expressly set forth in these Terms of Service, Creatify Digital will not, under any circumstances, issue refunds or prorate any Fees for early cancellation or termination of the Services, or for any other reason.
a. Termination by Either Party.
You have the option of canceling your Account at any time by following the instructions on the Website or otherwise available through the Services, subject to any terms applicable to Paid Services for which you have signed up. We reserve the right to terminate your Account or access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms of Service which by their nature should survive termination or expiration shall survive termination, including ownership provisions, warranty disclaimers, indemnity and limitations of liability.
b. Customer Content after Termination.
Termination or cancellation of your Account by either party may result in the forfeiture and destruction of all information, content and data, including Customer Content, associated with your Account. An Account terminated by Creatify Digital will not be backedup for any reason and will be immediately deleted from our servers. Upon your request, which must be made within thirty (30) calendar days after the effective date of termination or expiration of your Account in accordance with these Terms of Service, Creatify Digital will use commercially reasonable efforts to make your Customer Content available to you for export or download. After that 30day period, we will have no obligation to maintain or provide your Customer Content, and may thereafter delete or destroy all copies of Customer Content in our systems or otherwise in our possession or control, unless legally prohibited. We reserve the right, including after termination, to access, read, preserve, and disclose any information or content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues;
(iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public.
c. Fees Due Upon Termination.
In the event of termination of any Subscription, you shall pay Creatify Digital all Fees due for the entire Subscription period.
9. Warranty Disclaimer.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
10. Limitation of Liability.
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (a) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever (however arising); (b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination); or (c) for any direct damages in excess of (in the aggregate) of the greater of (i) fees paid to us for the particular services during the immediately previous three (3) month period or (ii) £500.
11. Governing Law and Jurisdiction.
These Terms of Service shall be deemed to have been made in the city of Glasgow, United Kingdom and shall be governed and construed in accordance with the Law of Scotland. The parties hereby prorogate the exclusive jurisdiction of the Scottish Courts in respect of any dispute or disagreement arising out of or in any way connected with this contract or the performance thereof.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
a. Entire Agreement and Severability.
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
b. Force Majeure.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices to Creatify Digital should be sent to firstname.lastname@example.org. You acknowledge and agree that Creatify Digital may send you communications regarding your account or the Service via email to the email address listed in your Account.
f. No Waiver.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorised representatives.
g. Headings; Interpretation.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in this Agreement shall be read as being followed by “without limitation” where appropriate.
Contact. You may contact us at the following address: Creatify Digital Ltd. at email@example.com or 13-27 East Campbell Street, Glasgow, G1 5DT, United Kingdom.
Effective Date of Terms of Service: 19th January, 2018