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| Creativestem's Terms of Service |
Effective Date: 10/16/2007 Welcome to Creativestem.com, the next generation social networking site where members can stay in touch with their friends, meet new people and hang out ('Creativestem Service'). Creativestem.com is operated by Lucid Created Ltd. ('Creativestem'). By using the Creativestem Service you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where applicable under law, these Terms constitute a 'writing signed by you.' We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. You must be 13 years or older to use the Creativestem Service. By registering for the Creativestem Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a Creativestem.com member ('Member'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. The Creativestem Service is made available for your personal, non-commercial use only. You may not use the Creativestem Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, links and other content ('Materials') that you submit, post, and display on the Creativestem.com Service. We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Creativestem have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the Creativestem Service. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Creativestem Service. By way of example, and not as a limitation, you agree NOT to: * Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others. Proprietary Rights Creativestem does not claim any ownership rights in any Materials that you submit, post, or display on or through the Creativestem Services or on the Creativestem.com Web site. After submitting, posting or displaying Materials on or through the Creativestem Services or on the Creativestem.com Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Creativestem Service, you hereby grant to Creativestem a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials (and all components or underlying works making up the Materials) solely on and through the Creativestem Service. Without this license, Creativestem would be unable to provide the Creativestem Service. For example, without the right to modify your Materials, Creativestem would not be able to promote or showcase your artwork to other Members The license you grant to Creativestem is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Creativestem), fully-paid and royalty-free (meaning that Creativestem is not required to pay you for the use on the Creativestem Service of the Materials that you post), sub licensable (so that Creativestem is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Creativestem Service), and worldwide (because the Internet and the Creativestem Service are global in reach). This license will terminate at the time you remove your Materials from the Creativestem Service. The license does not grant Creativestem the right to sell your Materials, nor does the license grant Creativestem the right to distribute your Materials outside of the Creativestem Service. You represent and warrant that: (i) you own the Materials posted by you on or through the Creativestem Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Creativestem Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Creativestem Service. Lucid Creative Ltd. and its affiliates and licensors own and retain all rights in the Creativestem.com Web site and Creativestem Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Creativestem Service by Creativestem.com. Except as expressly authorized by Creativestem.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Creativestem.com’s proprietary information. 'Creativestem' and 'Creativestem.com' are trademarks of Lucid Creative Ltd. We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy. Click here to review the Creativestem.com Privacy Policy. You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Creativestem respects the intellectual property rights of others and will terminate any user's access to the Creativestem.com website according to these terms of use if Creativestem is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below: (i) statement that you have identified material on the Creativestem.com website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Creativestem.com web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner. Once you have completed the Notice, having included all of the information set out above, please send it to: [Attn: Creativestem Copyright Infringement Notification] Keith Kennedy Email: copyright@creativestem.com If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Creativestem. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Creativestem in bad faith. If you believe that any material that you have uploaded on to the Creativestem.com website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below: (i) specific details of the material that has been removed or to which Creativestem has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Creativestem with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy). Once you have completed the Counter-Notice, having included all of the information set out above, please send it to: [Attn: Creativestem Copyright Infringement Counter-Notification] Keith Kennedy Email: keith@Creativestem.com If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Creativestem. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Creativestem in bad faith. Creativestem shall not be responsible for any connection or access to the Creativestem.com website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Creativestem.com website via the Internet, and the Internet access charges thereon. These Terms of Service will apply to your use of the Creativestem Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to cancel your account contect us. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Creativestem Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership. Creativestem may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Creativestem Service, or any part thereof, with or without notice. You agree that any termination of access to the Creativestem Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that Creativestem may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Creativestem Service. Where possible, Creativestem will use reasonable efforts to give Members fair notice of termination or suspension of their access to the Creativestem Service. Further you agree that Creativestem shall not be liable to you or any third party for any termination or suspension of access to the Creativestem Service or modification of the Creativestem Service. Lucid Creative Ltd. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('Creativestem') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Creativestem Service. Creativestem further expressly disclaims (1) that the Creativestem Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Creativestem Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Creativestem Service or the content made available as part of the Creativestem Service will be correct, accurate, timely, or otherwise reliable. Creativestem expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Creativestem Service input by other Members is correct or accurate. THE CREATIVESTEM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE CREATIVESTEM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. CREATIVESTEM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE CREATIVESTEM SERVICE IS ENTIRELY AT YOUR OWN RISK. You agree to hold harmless and indemnify, and at Creativestem's request defend, Creativestem, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Creativestem.com Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Creativestem will provide you with written notice of such claim, suit or action. YOUR USE OF THE CREATIVESTEM SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL CREATIVESTEM, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE CREATIVESTEM SERVICE, WHETHER OR NOT CREATIVESTEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CREATIVESTEM SERVICE, FROM INABILITY TO USE THE CREATIVESTEM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CREATIVESTEM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE CREATIVESTEM SERVICE OR ANY PART OF THE CREATIVESTEM SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CREATIVESTEM SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL CREATIVESTEM BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). Creativestem may provide you with notices regarding the Creativestem.com Service or these Terms of Creativestem Service by regular mail, email, or postings to this Web site. You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Creativestem Services. These Terms of Service will be governed by and construed in accordance with the laws of the Republic of Ireland, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall Creativestem be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. These Terms of Service constitute the entire agreement between you and Creativestem with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party. |
