Terms of Service

Terms of Service Last Updated: 11/16/2023

The following terms and conditions govern all use of the [Kreativize.com] website and all content, services, features, activities, and products available at or through the website (collectively, the “Services”). The Services are owned and operated by Kreativize LLC (“Kreativize”, “us” or “we”). These Terms of Service, together with Kreativize's Privacy Policy, constitute a legally binding agreement between you and Kreativize that conditions your use of the Services (this “Agreement”). By using or accessing the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. The Services are available only to individuals who are at least [18] years old.

1. Content on the Services

1.1. In General: The views and opinions expressed by contributors, authors, and moderators posting Content on Kreativize are their personal opinions and do not necessarily reflect those of Kreativize, irrespective of whether these individuals are employees or contractors of Kreativize. The Content provided on Kreativize is for informational and entertainment purposes only and should not be interpreted as an endorsement or representation by Kreativize or any other involved parties.

1.2. Ownership: Content available through the Services is intended for your personal, non-commercial use. The commercial use of any Content or Services provided by Kreativize is strictly prohibited. All materials published and/or distributed via the Services, including but not limited to articles, photographs, images, illustrations, audio clips, and video clips (collectively, the “Content”) are protected by U.S. and international copyright laws. This Content is owned or controlled by Kreativize or the entity credited as the provider of the Content. Except as explicitly stated in Sections 1.3 and 5.4 of this Agreement, you are not permitted to modify, publish, transmit, participate in the transfer or sale, reproduce, create derivative works from, distribute, perform, display, or exploit any of the Content, in whole or in part, without the express written consent of Kreativize or the copyright owner denoted in the Content's copyright notice. You must not alter or remove any proprietary notices contained in the Content. The use of any Kreativize logo or proprietary graphic or trademark without express written permission from Kreativize is prohibited. You are required to abide by all copyright notices, information, or restrictions contained in any Content accessed through the Services. Between the parties, all title, ownership rights, and intellectual property rights in the Content and Services, including any copies or portions thereof, remain with Kreativize and/or its content providers or licensors. Kreativize reserves any rights not explicitly granted in this Agreement.

1.3. Limited License: Subject to your strict adherence to this Agreement, Kreativize grants you a limited, revocable, non-transferable, non-assignable, and non-exclusive license to access, download (for temporary storage only), display, view, use, play, and/or print the Content (excluding, for this Section 1.3, Content accessed through certain specialized Kreativize services and further excluding source and object code in raw form or otherwise, other than as made accessible for use via a standard web browser for display purposes) on a personal computer, mobile phone, or other wireless device, or another Internet-enabled device, solely for your personal non-commercial use, and subject to the restrictions set forth in this Agreement. This limited license: (A) does not grant you any ownership or other intellectual property interest in any Content; and (B) may be immediately suspended or terminated at any time, at Kreativize's sole discretion, and without prior notice or liability.

2. User-Generated Content

2.1. Prohibited Actions: As a user of Kreativize, you are solely responsible for your communications and usage of our Services. You agree to refrain from the following actions: (A) Posting or transmitting any libelous, defamatory, obscene, fraudulent, deceptive, abusive, or pornographic messages, data, images, content, or programs; (B) Posting or transmitting any content that infringes upon the property rights of others; (C) Using the Services to threaten, harass, or violate the legal rights (including privacy and publicity rights) of others; (D) Uploading or downloading files that infringe upon intellectual property laws or contain viruses or corrupted data; (E) Falsifying the source of material uploaded to the Services; (F) Misrepresenting yourself as an employee or agent of Kreativize; (G) Using the Services in a manner contrary to applicable laws or regulations; (H) Circumventing or interfering with security-related or usage-limiting features of the Services.

2.2. Kreativize's Management of User Submissions: Kreativize reserves the right, at its sole discretion, to edit, remove, modify, publish, transmit, and display any materials or information you post, upload, or submit to the Services, including comments, reviews, text, video, audio, photographs, and applications (each, a “User Submission”). By using our Services, you waive any rights (including moral rights) to prevent the alteration of your submissions. We may remove, disable, or restrict any User Submissions at our discretion. Kreativize is not responsible for controlling or editing User Submissions and has no obligation to remove inappropriate or unlawful content.

2.3. License to Kreativize of Your User Submissions: You grant Kreativize a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, unconditional, unlimited, worldwide license to use, modify, publish, translate, create derivative works from, and exploit all User Submissions. This includes the right to use your name, persona, image, and likeness in connection with User Submissions. You waive any moral rights in your User Submissions and agree that you will not be compensated for any use of them.

2.4. Representations and Warranties Related to Your User Submissions: Whenever you make a User Submission, you affirm that: (A) You hold the necessary rights to your User Submission; (B) Your User Submission is accurate and non-infringing; (C) Your User Submission does not violate this Agreement or cause harm; and (D) Your User Submission complies with all applicable laws.

2.5. Responsibility of Users: You are solely responsible for your User Submissions and any harm resulting from them. Kreativize does not endorse User Submissions and makes no warranties regarding their accuracy or legality.

2.6. Public Nature of Your User Submissions: Your User Submissions and related personal information may become publicly accessible. You should not post confidential information on the Services. Kreativize may disclose your identity and information to law enforcement if legally required.

2.7. Prohibition of Unsolicited Email: You may not use the Services for sending unsolicited emails or spam. This includes using Kreativize domain names for sending emails from another location or service and impersonating others while using the Services.

3. Links to Third-Party WebsitesThe Services provided by Kreativize may include links to external websites operated by third parties (“Third-Party Websites”). Your decision to access any Third-Party Websites linked to our Services is made entirely at your own risk. Kreativize does not guarantee the accuracy, availability, or reliability of information, products, data, opinions, advice, or statements that may be found on these Third-Party Websites. Moreover, some of these Third-Party Websites might contain content that could be deemed inappropriate or offensive by some users.The inclusion of links to Third-Party Websites within our Services does not represent an endorsement or recommendation of these sites by Kreativize. We are not responsible for the transmission of any content or services provided by these links and cannot guarantee their proper functioning. Third-Party Websites operate independently of Kreativize, and we make no representations or warranties concerning the content or practices of these sites.Kreativize holds no liability for any harm or damages, whether direct or indirect, that may arise from the use of or reliance on any Third-Party Website linked from our Services. Users are encouraged to review and adhere to the privacy policies and terms of use associated with these Third-Party Websites, which are not covered by this Agreement with Kreativize.

4. Copyright or Intellectual Property Infringement NotificationIf you firmly believe that any material or content available on Kreativize infringes upon a copyright or other intellectual property rights that you own, or for which you are the beneficial owner or exclusive licensee, we encourage you to inform us by emailing suport@kreativize.com. Kreativize adheres to a strict policy of terminating the access rights of users who are found to be repeat infringers in appropriate circumstances. We take intellectual property rights very seriously and are committed to respecting these rights while ensuring that infringing material is not made available through our services.

9. Limitation of LiabilityIn no event shall Kreativize, its affiliates, vendors, subcontractors, officers, directors, employees, or agents be liable under any theory of law for any indirect, incidental, special, punitive, or consequential damages. This includes, but is not limited to, loss of profits, interruption of business, loss of information or data, or the costs of replacement goods, arising out of or in connection with this Agreement, or due to the use or inability to use the Services, or as a result of reliance on the Content. This limitation applies even if Kreativize may have been advised of the possibility of such damages.The entire liability of Kreativize, and its affiliates, vendors, subcontractors, officers, directors, employees, and agents under this Agreement, for any claims of damages in relation to this Agreement, whether those claims are based in contract, tort, negligence, or otherwise, shall be limited. This limitation is to the amount of charges paid by you in relation to the period of occurrence of the events which form the basis of the claims. However, under no circumstances shall this liability exceed the amount equal to the payments made by you over the prior twelve months.The Services are controlled and offered by Kreativize from its facilities in the United States of America. Kreativize makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. IndemnificationYou agree to indemnify, defend, and hold harmless Kreativize, its officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorney’s fees, resulting from any violation of this Agreement by you or any content posted or submitted by you. This includes, but is not limited to, infringement of third parties’ worldwide intellectual property rights, or negligent or wrongful conduct by you.

11. Waiver and ReleaseYou agree that neither Kreativize nor its officers, directors, employees, agents, licensors, or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Kreativize services. You specifically acknowledge that Kreativize shall not be liable, directly or indirectly, for any content posted by you or for the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from such content or conduct rests entirely with you. You hereby release and forever waive any and all claims you may have against Kreativize, its officers, directors, employees, agents, licensors, or suppliers (including, but not limited to, claims based upon the negligence of Kreativize, its officers, directors, employees, agents, licensors, or suppliers) for losses or damages you sustain in connection with your use of the services.

12. Modification of Terms

Kreativize reserves the right to modify these Terms. Continued use of the Services after changes constitutes acceptance of the new Terms.

13. Governing Law

These Terms are governed by the laws of the state of Florida, USA.

14. Contact Information

For any questions regarding these Terms, please contact us at support@kreativize.com.

15. Complete Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kreativize regarding the Services.

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Privacy | Do Not Sell My Info | Terms of Service | Cookie Settings

Copyright 2024. All rights reserved