Terms & Conditions
Last Updated: July 4, 2019
- Introduction.
1.1 Creative Allies® (“CA”, “We”, “Us”, “Our”) grants access to this website (the “Website”) to You (“You”/“Your”) subject to the terms and conditions set out below (“Terms”) and the terms of Membership (the “Membership Agreement”), the Copyright Policy, and the Privacy Policy respectively.
1.2 Please read these Terms carefully as they regulate and govern the use by You of this Website and, in conjunction with the Membership Agreement, the contractual basis upon which you will be able to use Our services and the products of Our services. BY ACCEPTING THESE TERMS OR ACCESSING OR USING CREATIVEALLIES.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE CREATIVEALLIES.COM OR ANY OF ITS SERVICES.
1.3 All terms used herein shall bear the same meaning as defined in the Membership Agreement unless otherwise noted.
- Disclaimer.
2.1 We, nor any of Our employees, agents or sub-contractors, make any warranty or representation, express or implied:
2.1.1 regarding the accuracy or completeness of any information contained on this Website or any website referred to or otherwise linked to or associated with it;
2.1.2 that the information on this Website is suitable for the purposes for which You may need it or use it; or
2.1.3 that Your use of materials and Content displayed on this Website will not breach third party rights.
2.2 This Website is provided by Us on an “AS IS” and “AS AVAILABLE” basis and We disclaim all warranties relating thereto, including non-infringement, accuracy, reliability and quality of products, Content, or services. We accept no responsibility for any “downtime” nor do We warrant an uninterrupted Use by You. We hereby reserve the right to amend, modify, suspend or discontinue the use of this Website in Our absolute discretion at any time without prior written notification to You. You hereby agree that We are not responsible or liable for any loss, damage or otherwise for any error, omission, amendment, modification, suspension of Membership or discontinuance of the Website.
2.3 We cannot be held responsible for the content of any pages reached by an external or third-party link. You are strongly recommended to review the website usage terms and other relevant terms (if any) of any such external or third-party website for Yourself, especially where you intend to download or use text, images, software and other materials.
2.4 Any reference on this Website to any persons, products, websites or services does not constitute or imply their endorsement, recommendation or favoring by Us, or Our employees, agents or sub-contractors.
- Restrictions on Use of Website.
3.1 Except for intellectual property in Content owned by You which is uploaded or otherwise posted to the Website, any and all Intellectual Property Rights therein belong to Us or to other content providers. We are the owner of the trademark Creative Allies®™ and without Our prior permission, you agree not to display or use the Creative Allies®™ in any manner. All other trademarks, service marks, product and service names and company names or logos that appear on the Website are the property of their respective owners.
3.2 For the avoidance of doubt, the use of Content or any part of the Content, except in accordance with the Membership Agreement and Terms, including (without limitation) any modification, publication, transmission, incorporation, reproduction of, or creation of derivative works based on, the Content or any part of the Content (whether by linking, framing or any other method) is strictly prohibited, whether it is for commercial or non-commercial use.
- Information and Content You submit to Us.
4.1 Personal information about You which You submit to Us will be governed by the terms of Our Privacy Policy and used only in accordance with the principles set out by the applicable USA and North Carolina data protection laws.
4.2 With regard to any Content uploaded or otherwise posted to the Website You hereby agree and warrant as follows:
4.2.1 Unless otherwise stated in writing by You, such Content is not confidential or proprietary and We shall be free to use any such Content in any manner for any purpose without charge or liability to Us and You hereby agree not to take any action against Us in relation to the use of such Content or information;
4.2.2 You own or otherwise control the rights in and to such Content and You have all approvals, licenses, consents and/or waivers necessary to exploit and use the Content. Any use of the Content on or via this Website does not infringe any rights of any other third party, including copyright, trademark, trade secret, privacy and publicity rights or otherwise breach any agreements or compromise other obligations You may have with any third party;
4.2.3 You have taken all reasonable steps to ensure that the Content is free from any known computer viruses, or other contaminants, including but not limited to any code or instructions that may be used to modify, damage, disable or compromise the security of this Website, or Our computer operating systems or networks.
- Your Conduct.
By agreeing to be bound by these Terms and the Membership Agreement, You hereby agree not to use the Website to:
5.1. harvest or collect email addresses or other contact information of other users for the purposes of sending unsolicited emails or other unsolicited communications;
5.2 intimidate, harass, or otherwise harm another User;
5.3 upload, post, transmit, share, store or otherwise make available any Content that We may deem, at Our ultimate discretion, to be harmful, threatening, pornographic, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, discriminating or otherwise objectionable;
5.4 provide fraudulent Member information or otherwise leak your Member information;
5.5 impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, or Your affiliation with any person or entity;
5.6 upload, post, transmit, share, store or otherwise make available any private information of any third party, including, addresses, phone numbers, email addresses, credit card numbers or other intrinsically personal information not already publicly available;
5.7 solicit personal information from anyone or solicit passwords or personally identifying information for any commercial or unlawful purposes;
5.8 upload, post, transmit, share or otherwise make available any information material or Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5.9 upload, post, transmit, share, store or otherwise make available information material or Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any applicable law; or
5.10 damage, disable, overburden or impair the Website or otherwise use the Website in an unlawful manner.
- Termination.
6.1 These Terms shall come in to effect upon Your first use of the Website.
6.2 We reserve the right at any time to immediately terminate or suspend Your use of this Website or Your Membership, delete Your profile together with any information materials and Content that You have posted on this Website and/or prohibit You from using or accessing this Website or any part or parts thereof for any reason including but not limited to if We believe that You are in breach of the Terms and Conditions, the Membership Agreement or Our Privacy Policy.
- Continuing Infringement and Complaints.
7.1 In accordance with the Digital Millennium Copyright Act and various international laws, We have adopted a strict policy of terminating (in appropriate circumstances and at Our sole discretion), Members who are deemed to be infringers of third party rights.
7.2 If you believe that anything on the Our site infringes any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Notification of copyright infringement should be sent by mail, fax or email to:
Designated Agent: Creative Allies®
Address: 1204 Village Market Place #254, Morrisville, NC 27560
Email Address: info@creativeallies.flywheelstaging.com
- Limitation on Liability.
To the maximum extent permitted by law, in no event will We be liable for any direct, indirect, incidental, special, consequential or any other damages or losses whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss), resulting from Your use of, or inability to use, the materials and information contained in this Website, Content posted to this Website, viruses that may affect or damage any electronic equipment, and all other matters arising out of or in connection with these Terms, the Membership Agreement, or Privacy Policy, whether or not the possibility or cause of such damages was known to Us. Additionally, with respect to liability, which is by law incapable of exclusion, in no event shall Our liability (whether based on an action or claim in contract, tort or otherwise) exceed fifty dollars.
- Indemnification.
You agree to defend, at your own expense, any action, dispute or claim brought against Us or Our employees, agents or sub-contractors, and agree to indemnify and hold Us or any of Our employees, agents or sub-contractors harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any use made by You of this Website or your Content, including but not limited to any infringement of Intellectual Property Rights or contract rights of third parties and any other use which is a breach of these Terms, the Membership Agreement or the Privacy Policy.
- Revisions.
10.1 We reserve the right to revise, withdraw or restrict access to the Content of this Website in whole or in part at any time without prior notice provided that any payments due or becoming due to You under the Membership Agreement are paid to You.
10.2 For certain Design Contests, we reserve the right to require You to agree to additional rules and conditions (“Separate Rules”). The Separate Rules are to be read in connection with the standard Membership Agreement, but in the event of a conflict, the Separate Rules will govern. We will always ask you to review and agree to Separate Rules before submitting your creations.
10.3 We reserve the right to revise in part or whole these Terms and Conditions. Please check this page periodically for changes to these Terms. Your continued use of this Website following the posting of changes to these Terms constitutes Your acceptance of the changes.
11 Severability.
If any provision or term of these Terms, Membership Agreement or any part thereof shall become or be declared illegal, invalid or unenforceable for any reason whatsoever then any provision, that term or part shall be revised or divided from these Terms and/or Membership Agreement so as to effectuate the intent of the parties as closely as possible. Any and all remaining parts thereto shall remain in full force and effect.
- Miscellaneous.
12.1 These Terms together with the Membership Agreement and Privacy Policy (as may be amended from time to time) constitute the entire agreement between You and Us and shall supersede any prior agreements between You and Us. In the event of any ambiguity or inconsistency between these Terms and Conditions and the Membership Agreement, these Terms and Conditions shall prevail.
12.2 Any failure by Us to exercise or enforce any right or provision of these Terms and Conditions, the Membership Agreement or the Privacy Policy shall not constitute a waiver of such right or provision in that or any other instance.
12.3 The Terms, Membership Agreement, and Privacy Policy are English Language contracts and any translation thereof shall be deemed to be for informational purposes only.
12.4 You agree the Terms, Membership Agreement, and Privacy Policy are subject to the laws of North Carolina and shall be subject to the exclusive jurisdiction of the Courts of North Carolina. The parties agree that the Uniform Computer Information Transaction Act (or any statutory implementation of it) and the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties’ relationship.
12.5 We are a company registered in North Carolina whose registered mailing address is 1204 Village Market Place #254, Morrisville, NC 27560. Except where otherwise stated, all communications regarding this Website should be addressed to info@creativeallies.flywheelstaging.com.
12.6 These Terms, the Membership Agreement, the Privacy Policy and Rules shall apply to You jointly and severally where “You“ is more than one individual.
