Terms of service
Last updated: Feb 08, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE VISITING THE SITE OR USING THE SERVICE AS THEY INCLUDE RELEVANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICE OR VISIT OUR SITE.
SUMMARY
1. Definitions.
2. Introduction.
3. Creatopy Accounts.
4. Use of Service.
5. Billing and Payment.
6. Creatopy Ownership Rights.
7. Notification of Claims of Infringement.
8. Privacy Policy.
9. Network and System Security.
10. Third Party Sites and Services/Links to Other Websites.
11. Representations & Warranties – Disclaimer of Warranties.
12. Indemnity.
13. Limitation of Liability.
14. Termination.
15. Applicable Law and Jurisdiction.
16. Miscellaneous Provisions.
1. Definitions
Under these terms of service (“Terms of Service”), the following terms, usually capitalized, will be interpreted as below:
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“Agreement” |
shall mean a binding agreement concluded between a visitor of the Site or User and the Company with respect to the use of Service or Site according to the terms set in these Terms of Service. |
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“Creatopy App” |
shall mean a web application for creating and publishing static and animated visual materials for promotional purposes, available at the following URL: app.creatopy.com. |
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“DMCA” |
means the Digital Millennium Copyright Act. |
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“External Resources” |
shall mean resources such as images, video clips, sound clips, graphic elements, etc which are copyrighted by external providers and are made available to Users through the Service from external libraries. |
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“Internal Resources” |
shall mean resources such as images, video clips, sound clips, graphic elements, templates, etc which are copyrighted by the Company or its affiliates and are made available to Users through the Service from internal libraries. |
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“Plan” |
shall mean a package, or fixed set of features made available to Users at a specific price. |
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“Privacy Policy” |
shall mean the privacy policy of the Company applicable to these Terms of Service available here: https://www.creatopy.com/legal-information/privacy-policy. |
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“Service” |
shall mean any of the internet based or other services offered by the Company, including, but not limited to Creatopy App, whether through a website owned or controlled by the Company or its affiliates, the Site or through a social networking system, a mobile application or otherwise. |
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“Site” |
shall mean www.creatopy.com with all subdomains of Creatopy.com and the affiliated sites and subdomains owned or controlled by the Company or its affiliates. |
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“Team” |
shall mean a group of User accounts that share access to the User Content of one main User Account, the Team Account, based on invitations issued by its owner, the Team Owner, to the other Users in the Team. The Team Owner has ownership over all User Content in the Team account, regardless of which User in the Team that User Content originated from. |
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“Us/us”/”We/we”/”Our/our”/the “Company”/”Creatopy” |
shall mean CREATOPY INC. (formerly known as CTP TECH, LLC), an entity organized and operating according to the legislation of Delaware, USA, having the principal place of business at 2250 Butterfield Dr, Suite 240, Troy, MI 48084, USA, individually or together with its affiliates. |
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“User” |
shall mean a visitor of the Site, whether a natural person on its own or a legal entity represented by a natural person, who has created a User account to use the Service. |
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“User account” |
shall mean an account which can be accessed by a User directly, based on a password, to make use of the Service in accordance with the terms of the chosen Plan. |
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“User Content” |
shall mean both User Contributed Content and User Created Content. |
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“User Contributed Content” |
shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, sound clips, or files) uploaded by a User in their account through the Service or otherwise integrated into the Service by a User. |
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“User Created Content” |
shall mean any material created by a User as part of their individual use of the Service or as a result of a collaboration in a project with other Users and generated in Creatopy. |
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“User Message” |
shall mean any chat, blog, message board, online forum, text, e-mail or other communication of yours with the Company. |
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“User Ideas” |
shall mean comments, feedback, suggestions, ideas, forum posts and other submissions of yours. |
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“You/you”/Your/your” |
shall mean any visitor of the Site or any User of the Service who has entered into an Agreement with the Company according to these Terms of Service. |
2.1 Who we are.
The Creatopy App is a web application available at app.creatopy.com and designed to simplify the way you create and publish content for the web and print.
Creatopy is operated by CREATOPY INC., an entity organized and operating according to the legislation of Delaware, USA, and its affiliates. We aim to deliver a well-crafted creative experience for communicators and teams through an intuitive and efficient visual production platform.
2.2 Binding Agreement.
These Terms of Service are a legal binding Agreement between you and CREATOPY INC. and set forth the conditions that apply to your use of the Service and/or Site. Please note that the right to use the Site and/or Service is personal to you and is not transferable to any other person or entity.
By visiting the Site for the sole scope of browsing through the Site, as a visitor, or by signing up in order to create an account for the purpose of using the Service, as a User, you confirm that you have read and understood all of the Terms of Service and you agree to be bound by and comply with all of the Terms of Service which form an Agreement and all of the applicable legal provisions. Please note that if required for your internal purposes a signed version of the Agreement may be made available.
IF YOU BREACH ANY OF THE TERMS IN THESE TERMS OF SERVICE YOUR AUTHORIZATION TO USE THIS SERVICE OR VISIT THE SITE AUTOMATICALLY TERMINATES.
3. Creatopy Accounts.
3.1. Creating an Account.
In order to use the Service and register as a User you will need to create an account. In this respect, you will ensure that your account information (the information you provide when you create the User account) remains current, complete, accurate and truthful the whole time your account is active. Such information will be subject to the Privacy Policy that is an integral part of the Agreement.
All Creatopy accounts are non-transferable, and any rights to them terminate upon the account holder’s death. You can change or correct your account information at any time by logging into your User account.
3.2. Account Security and Account-Related Activity.
You are responsible for all the activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.
You agree to comply with all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your User account, including the User Content you upload to, create or publish through the Service. You must protect the confidentiality of your password, and you should change your password periodically. You are also responsible for the acts or omissions of any individual to whom you grant access—either intentionally or unintentionally—by sharing your User account details.
All User Content that you upload and/or create in your User account will only be available to you, to other Users that you decide to share it with, to the Company with the sole purpose of delivering the Service to you and to the public to the extent that you make it public by downloading it and using it publicly or by serving it from your User account using the Ad Tag service. In this respect, we have incorporated all reasonable and commercially available measures to protect the Service from unauthorized access. Any unauthorized commercial use of the Service is expressly prohibited.
3.3 Prohibited Use.
As a registered User of the Service or visitor of the Site, where applicable, you agree not to do any of the following:
a) upload, post or otherwise transmit any content that is adult in nature, such as any nudity in a sexual context, any content revealing exposed genitalia, or any content with adult themes;
b) harm minors in any way;
c) upload, post or otherwise transmit any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, and sexual orientation/gender identity;
d) upload, post or otherwise transmit any material that defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
e) upload, post or otherwise transmit any material that constitutes a direct threat of violence against any person or group of people;
f) impersonate another person or entity, including, but not limited to, a member or Company official, to falsely state or otherwise misrepresent your affiliation with a person or entity;
g) upload files for the sole purpose of having them hosted by us and for use outside of User Created Content;
h) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; harvest or otherwise collect information about others, including e-mail addresses, without their consent;
i) create User Content such as extreme flashing banners, excessive animated movement, or other types of content that could provoke seizures in unsuspecting viewers;
j) use the Service in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
k) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
l) transmit through the Service any materials that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature;
m) transmit/upload any material that may infringe the intellectual property rights or other rights of third parties, including, but not limited to, trademark, copyright, or right of publicity;
n) transmit/upload any material that contains viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots, netbots, or any other harmful programs or scripts;
o) violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;
p) interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
q) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
r) interfere with another User’s use and enjoyment of the Service.
The Company reserves the right to restrict access to User Content, remove User Content or terminate any account of a User who has violated any of the above-mentioned prohibitions.
4. Use of Service.
4.1. Plans for using the Service.
The Service will be available to Users under specific Plans suitable for individual or commercial use. The specific features, conditions of use and limitations of each Plan are available on the pricing page (https://www.creatopy.com/pricing/) or in pricing sheets, offers or other documents originated by Creatopy, and will be part of the Agreement of any User who chooses to subscribe to a specific Plan.
4.2. Eligibility.
By vising the Site and/or using the Service, you represent and agree that:
a) you have the right, authority, and capacity under the applicable law to enter into this Agreement represented by these Terms of Service and to abide by all of the terms and conditions of these Terms of Service ; if you use the Service on behalf of any type of entity, you represent that you have obtained all the required legal authorizations in order to express your consent for using the Service and concluding the Agreement.
b) you are at least 16 years old.
c) you will be bound by any additional rules or policies published within or with respect to any application forum, contest, or game provided in the Service;
d) except as expressly permitted, you will not copy, redistribute, publish or otherwise exploit material from the Service without the express prior written permission of the Company;
e) any User Created Content is your original work and your contribution to the User Created Content does not violate any third party's privacy rights, publicity rights, copyrights or other intellectual property rights. You agree to pay all royalties, fees, and any other amounts with respect to your contribution to User Created Content;
f) you have the right to display each and every item of User Contributed Content which you have released through the Service, including the right to display all copyrights, trademarks, trade names and similar intellectual property;
g) you do not rely on the Company to monitor or edit the Service;
h) the Service may contain content which you find offensive and you waive any objections you might have with respect to viewing such content.
4.3 License.
The Company grants you a non-exclusive, non-transferable, revocable, limited license to use the Service and related software and to display the results of the Service. You agree not to copy or distribute the content of the Service except as specifically allowed in these Terms of Service. You also agree that you have no right to access, view or alter any source code or object code of the Company.
The Company reserves the right to discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
4.4. User Created Content. User Content. Ownership, Access, and Storage Rights.
All User Created Content (files/deliverables) is owned by you AS IS, meaning that any modification of the downloaded or published User Created Content is made at your own risk.
The Company reserves the right to mark User Created Content with a watermark, depending on the Plan you have access to as a User. In all cases, the presence of the watermark will be indicated on the pricing page (https://www.creatopy.com/pricing/) or in pricing sheets, offers or other documents originated by Creatopy.
You retain full ownership to your User Created Content. The Company does NOT claim ANY ownership rights on the User Created Content that you create and publish through the Service.
We do, however, need you to grant us certain rights with respect to your User Content, so that we can incorporate such User Content in our Service. Without such rights, we may be violating copyright and other laws by storing, posting, backing up and allowing the download of User Content on or through our Site.
By uploading and displaying or publishing any User Content to or through the Service, you hereby grant the Company a non-exclusive, royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to store, use, modify, delete from, add to, publicly perform, publicly display, reproduce, prepare derivative works and translate such User Content for the sole purpose of delivering the Service to you.
You represent and warrant that your User Content is not copyright protected and does not violate any copyright or any other intellectual property right of a third party or this Agreement and that you have all the legal required rights for uploading, displaying or publishing your User Content.
You confirm as well that you have all the necessary rights to grant us the above-mentioned license with respect to the User Content that has been uploaded, displayed, or published on or through the Service.
For the sole purpose of delivering the Service in accordance with the Agreement or to comply with any legal obligation, you grant us and our affiliates the right to access your User Content
The Company will not be responsible in any way for your User Content and you confirm that you are solely responsible for such content and for any risk related to its use.
The Company may set storage limits for your User Content according to your active Plan. Such storage limits will be indicated on the pricing page (https://www.creatopy.com/pricing/) or in pricing sheets, offers or other documents originated by Creatopy.
You are entirely responsible for backing up your User Content as the Company undertakes no obligation in this respect. Once your account is deleted by you or by us, according to the terms of this Agreement, your User Content may be erased, and it may not be recoverable.
4.5. Resources Libraries.
In order to help you with your User Created Content, the Company may make available to you a variety of resources such as images, video clips, sound clips, graphic elements, etc. from either internal libraries or external libraries accessible through the Creatopy App. Where necessary, the source of such resources may be indicated in the Creatopy App or the Site/Service in general.
External Libraries
The External Resources available in external libraries:
a. may be available free of charge or for certain fees that may be incorporated in the price of a Plan or may be standalone fees that the User will have to pay in order to use the resources.
b. their use will fall under the specific license terms as indicated in this downloadable document. We will periodically update this licensing terms document for External Resources to reflect the changes we make to the Service in this respect.
c. may be limited by us in terms of volume and specifications according to your active Plan, as indicated on the pricing page (https://www.creatopy.com/pricing/) or in pricing sheets, offers or other documents originated by Creatopy.
We will usually provide access to the above-mentioned External Resources by integrating with their respective providers. However, we do not warrant in any way that at the time these External Resources are accessible through the Service, they are not protected by copyright or any other type of intellectual property rights.
If, at any time, any person or entity claims the infringement of copyrights or any other type of intellectual property right by you with respect to any such External Resources made available through the Service, we will be under no circumstances liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from your use in any way of such External Resources.
As such, you agree to take all and any legal or any other type of action necessary in order to clarify and resolve such claim concerning the infringement of such rights with the provider of those External Resources. The Company will assist you in such legal actions to the extent deemed possible and reasonable by us at that time.
Internal Libraries
The Company may provide Users with its own Internal Resources such as images, video clips, sound clips, graphic elements, templates, etc. Such resources will be made available to Users free of charge or for a fee. All rights, including, without limitation, all copyrights and other intellectual property rights related to the Internal Resources, belong to the Company or its affiliates.
We will grant you a perpetual, non-exclusive, non-transferable worldwide license to use the Internal Resources for your use in the User Created Content.
Internal Resources are made available to you for the sole purpose of using them in your User Created Content. As a result, downloading these resources and using them for redistributing or reselling, independently or in similar libraries, is strictly prohibited.
Internal Resources:
a. may be available free of charge or for certain fees that may be incorporated in the price of a Plan or may be standalone fees that the User will have to pay in order to use the resources.
b. are free to be used for all personal or commercial purposes, only as integrated in User Created Content, unless otherwise specified in Creatopy App, on the Site or in other documents originated by the Company and made available to you.
c. may be limited by us in terms of volume and specifications according to your active Plan, as indicated on the pricing page (https://www.creatopy.com/pricing/) or in pricing sheets, offers or other documents originated by Creatopy.
If you license the Internal or External Resources as a Team Owner, the licenses granted under the licenses provided above will be granted to you and the applicable Team, for use by you and other Users who have been authorized under the Team, solely in connection with the Team.
4.6. Ad Tag Policy
We may provide you as a User of the Creatopy App with the possibility to distribute your User Created Content directly from our servers to various display advertising networks, in the form of HTML code.
Your access to this service may be conditioned or limited according to your active Plan.
We may provide this service:
a. as prepaid packages with predefined limits, or
b. as a postpaid service based on your level of use, or in any other form.
The conditions and/or specific limits for using this service according to your active Plan will be detailed on the pricing page (https://www.creatopy.com/pricing/) or in pricing sheets, offers or other documents originated by Creatopy.
You will be solely and entirely responsible for the User Content you choose to distribute in any way and we may not be held liable for any losses or damages of any kind that you have caused by distributing such content.
If we are notified of certain damages or losses caused by your User Content distributed from our servers, we reserve the right to immediately discontinue the Service related to such content and to initiate an evaluation with you in order to decide whether such notice is legitimate or not.
4.7 Bugs and Issues
The Service is continuously tested and improved by our team; however, it may not function correctly, it may have functional, conceptual and/or documentation bugs and issues. In these cases, the Company will try to fix the bugs, issues and errors found and will supply the Users with working updates. The free versions of the Service are designed to let Users test Creatopy before they make a purchase; for that reason, a bug found in the Creatopy App and or other parts of the Service will not entitle the User to a refund.
4.8. Service Reliability.
We are using third-party redundant Amazon AWS cloud services, which are currently the most reliable solutions available. All widgets and banners are hosted on Amazon S3. Creatopy cannot be held liable for any faults, failures, errors, or issues, including permanent data loss due to third-party server issues.
4.9. Discussion Groups.
We may invite you to chat or participate in blogs, message boards, online forums, surveys, contests and other such initiatives and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Content to the Company and/or to or via the Service.
Any material you transmit to the Company or otherwise through the Service will be treated as non-confidential and non-proprietary. All User Ideas disclosed, submitted, or offered to the Company in connection with the use of the Service or otherwise and any User Messages shall be the exclusive property of the Company.
You agree that unless otherwise prohibited by law, the Company may use, sell, exploit and disclose the User Ideas and/or the User Messages in any manner, without restriction and without compensation to you.
We do not control the communications, information, or files delivered to discussion groups on the Site. You understand and agree that we have no obligation to monitor the Site or the use of its Service. We may monitor or review any areas on the Site or this Service where you transmit, or post materials as may be required for maintenance and upkeep. By transmitting any public communication to our Site, you grant us an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, re-use, reproduce, distribute, translate, publish, publicly display, publicly perform, modify, adapt, amend, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such communications, in all media now known or later developed. You warrant that you have the right to grant these rights to us. You also acknowledge and agree that any communications made to or by means of any forum on the Site are public. You acknowledge and agree that you have no expectation of privacy in any public communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and us by your act of transmitting a public communication to the site, in our forums or elsewhere.
WE DISCLAIM ANY LIABILITY RELATED TO THE CONTENT OF ANY SUCH MATERIALS, WHETHER OR NOT ARISING UNDER THE LAWS OF COPYRIGHT, LIBEL, PRIVACY, OBSCENITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT IT IS OUR POLICY TO COOPERATE WITH LAW ENFORCEMENT AGENCIES INVESTIGATING ILLEGAL OR IMPROPER ACTIVITIES RELATING TO THE SITE OR THIS SERVICE AND THAT WE RESERVE THE RIGHT AT ALL TIMES TO EDIT, REFUSE TO POST, OR TO REMOVE ANY MATERIALS, IN WHOLE OR IN PART, THAT IN OUR SOLE DISCRETION, ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS.
5.1. Subscriptions and fees.
The Company offers access to the Service based on the Plan chosen by the User at any moment between signing up for their account and terminating their account.
Free Plans are usually limited in their access to features and/or the types and volumes of User Content they allow for upload, creation, download or distribution. Such limitations are described on the pricing page (https://www.creatopy.com/pricing/) or in pricing sheets, offers or other documents originated by Creatopy.
The Company may decide to offer a free trial for any or each of the paid Plans available at a certain time. The free trial will usually grant the User access to all features and functionalities included in that Plan but may have limitations in the types and/or volumes of User Content they allow for download or distribution. Such limitations are described on the pricing page (https://www.creatopy.com/pricing/) or in pricing sheets, offers or other documents originated by Creatopy.
In order to receive a free trial to an existing Plan, the User may have to add card details at the moment of the request. The activation of a free trial will usually mean that a subscription is created and the card on file will be charged with the value of the Plan at the end of the free trial period, unless the User cancels their subscription before the expiration of the free trial.
The Company may choose, in its sole discretion and without liability to any User or third party, to give access to paid plans to any User, free of charge.
Regardless of terminology used, Creatopy subscriptions are not redeemable for any sum of money or monetary value from the Company at any time. You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate such subscriptions as it sees fit in its sole discretion, in any general or specific case, and that the Company will have no liability to you based on its exercise of such right.
Creatopy subscription fees are expressed in US dollars. Subscriptions will expire on specific dates that are shown in each User's account.
The purchase price of subscriptions is expected to change over time. When such changes occur, we will inform you prior to implementing them, if such changes will have a monetary impact on you. In all cases, the payment terms will remain applicable.
5.2. Payment methods and terms:
You authorize and direct us to charge your designated payment method for the applicable fee described in your subscription Plan. Moreover, you authorize and direct us to keep all information about any payment method associated with your account.
We may charge for fee-based Service in advance and on monthly, yearly, or other basis in accordance with your chosen subscription Plan, as long as your subscription will be active even if you do not use the Service.
5.3. Auto-renewal
We use auto-renewal for all of our subscriptions. At the expiration of each subscription term, we will automatically renew your subscription and charge the credit card or other payment method you have provided to us, unless you cancel your subscription at least 48 hours before the end of the current period. Unless otherwise stated in our Terms of Service, your subscription will be automatically renewed at the same price, excluding any first-order promotional and discount pricing.
5.4. Limited Rights.
You acknowledge that if the Company believes that any items in your account were received in connection with any fraud or other unfair dealing, or if the Company decides for any justifiable reason that it is in the best interests of the Company, the Company may remove items from your account.
Nothing in the Terms of Service affects any legal rights that you are entitled to as a consumer under the EU law which cannot be contractually altered or waived. If you reside in a European Union country, nothing in these Terms of Service affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision, that cannot be varied by contract. The European Commission provides for an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
5.5. Refund policy.
The Company offers the right to use its Service for free to potential customers to have adequate opportunity to assess the value of the Service prior to purchasing a license/subscription.
Unlike physical goods, electronically distributed software and deliverables can be duplicated. Once a purchase has been made, it is unfortunately not possible for us to recall all copies/deliverables (such as Use Content downloaded from app.creatopy.com). Therefore, the Company does not generally offer refunds, returns, or exchanges, except when required by law or in rare occasions when the Service can be proven not to match the description provided over the Company’s official communication channels at the date of the purchase.
If you believe that you are entitled to a refund, please contact our customer support team within 7 (seven) days of the date of the purchase. We will consider and review your refund request within 7 (seven) days of the date of submission. If we deem your request valid, we will issue a refund within 30 (thirty) days of the date the resolution is communicated to you. We reserve the right to retain the full value of the payment fee from the amount refunded for transactions of any value, in our sole discretion and without any liability to you.
The Site/Creatopy App and all the related material contained therein are owned and copyrighted by the Company or its affiliates and protected to the maximum extent permitted by copyright laws and international treaties. No person is authorized to use, copy, or distribute any portion of the Site/Creatopy App including related graphics.
The Site/Creatopy App and all the related material contained therein are protected by United States and other copyright laws, except for works of the United States Government pursuant to 1 U.S.C. Section 105. The selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Site is copyright © 2021, CTP TECH, LLC. Permission is granted to view and print materials from the Site/Creatopy App for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this Site/Creatopy App, whether in electronic or hard copy form, without the express prior written permission of the Company, is strictly prohibited.
Creatopy.com, CTP TECH and other trademarks and/or Service marks (including logos and designs) found on the Site are trademarks/Service marks that identify the Creatopy network Site and the goods and/or services provided by them. Such marks may not be used under any circumstances without the prior written authorization of the Company.
You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods. Further, you agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of the Company. We reserve any other right not granted specifically through these Terms of Service.
7. Notification of Claims of Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers.
If you are a copyright owner and you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please follow our Procedure for Making Claims of Copyright Infringement.
Use of the Service is subject to the terms of our Privacy Policy which is part of these Terms of Service. By visiting the Site for the sole scope of browsing through the Site, as a visitor, or by signing up in order to create an account for the purpose of using the Service, as a User, you confirm that you have read and understood the Privacy Policy and you agree to be bound by and comply with all of its terms.
9. Network and System Security.
Violations of system or network security are prohibited and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. You must take reasonable security precautions in light of your use of the Service. You are solely responsible for any breaches of security affecting the servers under your control.
10. Third Party Sites and Services/Links to Other Websites
The Site may contain links and pointers to other websites that are maintained by third parties. Such links do not mean that we endorse these third-party sites or any materials they contain. Of course we do not control, and thus are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites. The Company will have no liability to any entity for the content or use of the content available through such hyperlinks.
11. Representations & Warranties – Disclaimer of Warranties
The information and materials on the site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY DIGITAL PRODUCTS, SERVICES, INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES: (i) FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND THE SERVICE; (ii) FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY SITE OR SERVICE OR ACCESSED THROUGH ANY LINKS ON THE SITE; OR (iii) FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE.
You agree to indemnify and hold us, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of materials such as but not limited to User Content, User Ideas, User Messages, etc you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Service, your breach of any of the representations and warranties in these Terms of Service, or your violation of any rights of another person or entity.
If you are using the Service on behalf of a company, business or other entity, or if you are using the Service for commercial purposes, you and the entity will hold harmless and indemnify the Company from any suit, claim or action arising from or related to the use of the Service or violation of these Terms of Service, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.
We will not be under any circumstances liable for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the Site or the Service, whether the damages arise from use or misuse of the Site or the Service, from inability to use the Site or the Service, or the interruption, suspension, modification, alteration, or termination of the Site or the Service.
Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with our Site or the Service or any links on the Site, as well as by reason of any information or advice received through or advertised in connection with the Site or the Service or any links on the site.
These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted and some of the foregoing limitation may not apply to you.
14.1. Termination by the Company:
a) We may without notice to you, suspend your Service or remove any materials transmitted via the Site if we discover facts that lead us to reasonably believe the Site and/or Service is/are being used in violation of these Terms of Service. You agree to cooperate with our reasonable investigation of any suspected violation of these Terms of Service. We will attempt to contact you prior to your suspension; however, prior notification is not assured.
b) You acknowledge that your use of the Service is conditioned upon your compliance with these Terms of Service and any use of the Service in violation of these Terms of Service will not only be regarded as a breach of these Terms of Service, but also as an infringement of the Company's copyrights in and to the Service. The Company reserves the right to terminate your access to the Service without notice if you violate these Terms of Service, and/or to pursue other remedies at law or in equity.
c) We may suspend or terminate your account in all the other cases mentioned throughout these Terms of Service or in case you don’t comply with your payment obligations.
d) You acknowledge that we may delete your account for any reason or for no reason at all, and if we delete your account as provided in these Terms of Service the Company shall have no obligation to make any refund to you.
14.2. Termination by the User:
You will be able to stop using the Service and terminate your account at any time. Such action will not however have any effect on your obligation to pay any outstanding fees.
14.3. Survival Clauses.
Further to the termination of the Agreement as a result of any of the actioned mentioned on clause 14.1 or. 4.2, the following clauses included in these Terms of Service will survive and remain applicable: clause 11, clause 12, clause 13 and clause 15.
15. Applicable Law and Jurisdiction.
You further consent that this Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A. without reference to its conflicts of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Michigan for any disputes arising out the use of the Site and Service. This shall also apply in case the User registers from another country. The place of jurisdiction is the location of the Company’s registered office.
16.1. Use of Logo and Trade Name.
By agreeing to these Terms of Service you consent to grant us a non-exclusive, world-wide and royalty-free license in order for the Company to use your trademark logo and trade name, in connection with marketing purposes of the Company in the following forms: a) on any website hosted under the domain creatopy.com and/or b) in digital or printed marketing materials, including but not limited to: company presentations, case studies, sales pitches, blog posts, customer lists, newsletters, press releases, testimonials.
For the above-mentioned purpose, we will use your trademark logo and trade name only in the versions available on your official website.
In this respect you represent and warrant that the use by us of the above-mentioned trademark logo and trade name in the terms and conditions set above does not infringe any patent, copyright or other similar right of industrial, commercial or intellectual property rights or any other rights of a third party and that you are the rightful owner of all and any copyright or intellectual property rights concerning the trademark logo and trade name, you have the legal right to grant a license in these terms and you have registered such trademark logo and trade name to the relevant trademark authorities worldwide.
You agree that you will indemnify and hold the Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of the breach by you of any of the representations and warranties above mentioned, or the violation by you of any rights of another person or entity related to the license rights granted to us with respect to the trademark logo and trade name mentioned above.
16.2. Update of Terms of Service.
We may revise these Terms of Service at any time and you agree to be bound by the revised Terms of Service. Any modification will become effective when it is first posted to the Site.
Where we modify the Service or we modify these Terms of Service, we will make all reasonable efforts to tell you in advance of any modifications that will disadvantage you or limit your access to or usage of the Service. Your continued use of the Service after the effective date of any such modifications means that you agree to the Service or the Terms of Service as modified.
For any modifications to the Terms or Service or to the Service that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance, but we will let you know as soon as possible.
We may notify you by either posting a new version of these Term of Service, notifying visitors on the Site that a new version has been posted, or by e-mail to the last known address on file. You can send an email with any questions relating to these Terms of Service to legal@creatopy.com.
You may stop using the Service at any time. Your continued use of the Site and/or Service after the effective date of any modifications to the Terms of Service means that you agree to the Terms of Service as modified.
16.3. Translation of the Terms of Service in other languages.
These Term of Service may be translated into other languages as well. However, in case of discrepancies or inconsistencies between those versions and the English version, the English one will prevail.
16.4. Notices and contact details.
From the Company
The Company may provide you with notices, including Service announcements and notices regarding changes to these Terms of Service, by email, in-app messages, notifications on the website, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means.
You may not receive notices if you violate the Terms of Service by accessing the Service in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
From a User
You may send notices to us by using the following e-mail address: contact@creatopy.com. We will try to get back to you as soon as possible.
16.5. Final Provisions.
These Terms of Service constitutes the entire Agreement between the Company and you with respect to the Creatopy network Site and Service and it supersedes all prior and similarly timed communications. If, for any reason, a court of competent jurisdiction finds any provision or part of a provision of this Agreement unenforceable, that provision shall be enforced to the maximum extent permissible to affect the intent of these Terms of Service. Any remaining provisions of the Agreement will continue to be enforced with full effect.
By creating an account on creatopy.com you subscribe to our newsletter. You can opt-out from your account by unchecking the newsletter checkbox or from any email message that you receive by clicking the unsubscribe link. We will not send you any spam or off-topic emails. Most of our emails consist of product updates, new product info, notifications and special offers. However, regardless of your email preferences set in your account, you will still receive from us Service messages that we consider important for your use of the Service.
The headings of the Terms of Service are used for convenience of reference only and shall not be deemed to affect the meaning or construction of any of the provisions hereof.
Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Failure by the Company at any time to enforce the provisions of these terms of Service shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the Agreement concluded between you and the Company or any part thereof or our right to enforce any provision at any time in accordance with its terms.