TERMS & CONDITIONS
Last Updated: 01/01/2021.
PLEASE READ THE FOLLOWING TERMS OF SERVICE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE")
OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND
ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU,
THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS
BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE
TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR
SERVICES.
The
present terms and conditions (this "Agreement"
or "Terms") is a legal
agreement between you and Kreative Connections (hereinafter " "), a company duly
organized and validly existing, located at , Palo Alto,
California
94020. This Agreement annuls and voids all previous
agreements.
OVERVIEW
The
Site (kreativeconnections.com) is operated by . Throughout the Site, the terms
"we", "us" and "our" refer to .
offers this Site, including
all information, tools and services available from this Site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
stated here.
By
visiting our Site and/or purchasing something from us, you engage in our
"Service" and agree to be bound by the following terms and
conditions, including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms apply to all users
of the Site, including without limitation users who are browsers, vendors,
customers, merchants, and/or contributors of content. In the event of an
inconsistency between this Agreement and any additional terms or policies
referenced herein, the provisions of the additional terms or policies shall
control.
Please
read these Terms carefully before accessing or using our Site. By accessing or
using any part of the Site, you agree to be bound by these Terms. If you do not
agree to all the Terms of this Agreement, then you may not access the Site or
use any Service. If these Terms are considered an offer, acceptance is
expressly limited to these Terms.
Any
new features or tools which are added to the current store shall also be
subject to the Terms. You can review the most current version of the Terms at
any time on this page. We reserve the right to update, change or replace any
part of these Terms by posting updates and/or changes to our Site. It is your
responsibility to check this page periodically for changes. Your continued use
of or access to the Site following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - GENERAL TERMS
By
agreeing to these Terms, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this Site.
You
may not use our products or Site for any illegal or unauthorized purpose nor
may you, in the use of our products or Site, violate any laws in your
jurisdiction (including but not limited to motor vehicle laws).
You
must not transmit any worms or viruses or any code of a destructive nature.
A
breach or violation of any of the Terms will result in an immediate termination
of your account and right to use our Service.
We have
the right, but not the obligation, to take any of the following actions in our
sole discretion at any time and for any reason without giving you any prior
notice:
1. Restrict, suspend or terminate your access
to all or any part of our Site;
2. Change, suspend or discontinue all or any
part of our products or Site;
3. Refuse, move, or remove any content that
is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5.
Establish general practices and limits concerning use of our Site.
You
agree that we will not be liable to you or any third party for taking any of
these actions.
You
understand and agree that our Site may include communications such as service announcements
and administrative or legal notices from us. Please note that you cannot opt
out of receiving these notices.
You
understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Site, use of the Site, or access to the Site or any contact on the Site,
without express written permission by us.
You
may not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content, in whole or in part, found on the Site. content is not for resale. Use of
the Site does not entitle users to make any unauthorized use of any protected
content, and in particular you will not delete or alter any proprietary rights
or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the
express written permission of and
the copyright owner. You agree that you do not acquire any ownership rights in
any protected content. We do not grant you any licenses, express or implied, to
the intellectual property of or
our licensors except as expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once
you create an account with us, you are registered on the Site. The terms
"member," "membership," and "account" all refer
to this registration as a member on 's
Site. If you are merely surfing or browsing through the Site and have not yet
created an account, your use of the Site is still subject to this Agreement; if
you do not agree to this Agreement, do not use the Site.
When
you create an account, you will provide a unique username and email. We will also ask you to create a
password. Because any activities that
occur under your username or password are your responsibility it is important
for you to keep your username and/or password secure. You may not assign or
otherwise transfer your account to any other person or entity. You acknowledge
that is not responsible for
third party access to your account that results from theft or misappropriation
of your account. Notify us immediately if you believe that someone has used
your username, email, or password without your authorization.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete
information with regards to yourself as may be requested by the data
registration process, and
b) maintain and promptly update your registration and
profile information in an effort to maintain accuracy and completeness at all
times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete nature, Kreative Connections will have sufficient grounds and rights to
suspend or terminate the member in violation of this aspect of the Agreement,
and as such refuse any and all current or future use of Kreative Connections
Services, or any portion thereof.
SECTION 3 - CONDUCT
As a
user or member of the Site, you herein acknowledge, understand and agree that
all information, text, software, data, photographs, music, video, messages,
tags or any other content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole responsibility of the individual from whom
the content originated. In short, this means that you are solely responsible
for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the Services,
and as such, we do not guarantee the accuracy, integrity or quality of such
content. It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, any errors or omissions in
any content posted, and/or any loss or damage of any kind incurred as a result
of the use of any content posted, emailed, transmitted or otherwise made
available by .
Furthermore,
you herein agree not to make use of Kreative Connections' Services for the purpose
of:
a) uploading, posting, emailing,
transmitting, or otherwise making available any content that shall be deemed
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or invasive of another's privacy or which is
hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner
whatsoever;
c) impersonating any individual or entity,
including, but not limited to, any officials, forum leaders, guides or hosts or
falsely stating or otherwise misrepresenting any affiliation with an individual
or entity;
d) forging captions, headings or titles or
otherwise offering any content that you personally have no right to pursuant to
any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing,
transmitting or otherwise offering any such content that may infringe upon any
patent, copyright, trademark, or any other proprietary or intellectual rights
of any other party;
f) uploading, posting, emailing, transmitting
or otherwise offering any content that you do not personally have any right to
offer pursuant to any law or in accordance with any contractual or fiduciary
relationship;
g) uploading, posting, emailing,
transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or
any other form of solicitation, except in any such areas that may have been
designated for such purpose;
h) uploading, posting, emailing,
transmitting, or otherwise offering any source that may contain a software
virus or other computer code, any files and/or programs which have been
designed to interfere, destroy and/or limit the operation of any computer
software, hardware, or telecommunication equipment;
i) disrupting the normal flow of
communication, or otherwise acting in any manner that would negatively affect
other users' ability to participate in any real time interactions;
j)
interfering with or disrupting any Kreative Connections Services, servers and/or
networks that may be connected or related to our website, including, but not
limited to, the use of any device software and/or routine to bypass the robot
exclusion headers;
k)
intentionally or unintentionally violating any local, state, federal, national
or international law, including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ, and any regulations having the force of law;
l)
providing informational support or resources, concealing and/or disguising the
character, location, and or source to any organization delegated by the United
States government as a "foreign terrorist organization" in accordance
to Section 219 of the Immigration Nationality Act;
m)
"stalking" or with the intent to otherwise harass another individual;
and/or
n)
collecting or storing of any personal data relating to any other member or user
in connection with the prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.
Kreative
Connections
herein reserves the right to pre-screen, refuse and/or delete any content
currently available through our Services. In addition, we reserve the right to
remove and/or delete any such content that would violate the Terms or which
would otherwise be considered offensive to other visitors, users and/or
members.
Kreative
Connections
herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith
belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein
contained content is in violation of the rights of any third party;
d) responding to requests for customer
service; or
e)
protecting the rights, property or the personal safety of Kreative Connections,
its visitors, users and members, including the general public.
Kreative
Connections
herein reserves the right to include the use of security components that may
permit digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations
established by Kreative
Connections or any other content providers supplying content
services to Kreative
Connections. You are hereby prohibited from making any attempt to
override or circumvent any of the embedded usage rules in our Services.
Furthermore, unauthorized reproduction, publication, distribution, or
exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT
COMPLIANCE
Due
to the global nature of the internet, through the use of our network you hereby
agree to comply with all local rules relating to online conduct and that which
is considered acceptable content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore,
you state and pledge that you:
a) are not on the list of prohibited
individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software,
technology or any other technical data through the use of our network Services
to any export-prohibited country;
c) agree not to use our website network
Services for any military, nuclear, missile, chemical or biological weaponry
end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload
any software, technology or any other technical data which would be in
violation of the U.S. or other applicable export and/or import laws.
SECTION 5 - SUBMITTED CONTENT
Kreative
Connections
shall not lay claim to ownership of any content submitted by any visitor,
member, or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for Kreative Connections
the below listed worldwide, royalty-free and non-exclusive licenses, as
applicable:
a) The content submitted or made available
for inclusion on the publicly accessible areas of Kreative Connections' Sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the specific area
to which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Kreative Connections' sites, and shall terminate at such time when you elect to discontinue your
membership.
b) Photos, audio, video and/or graphics
submitted or made available for inclusion on the publicly accessible areas of Kreative Connections' sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area
in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Kreative Connections's
sites and shall terminate at such time when you elect to discontinue your
membership.
c) For any other content submitted or made
available for inclusion on the publicly accessible areas of Kreative Connections' sites, the continuous, binding and completely sub-licensable license which is
meant to permit to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and/or publicly display said content, whether in
whole or in part, and the incorporation of any such Content into other works in
any arrangement or medium current used or later developed.
Those
areas which may be deemed "publicly accessible" areas of Kreative Connections' Sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and
groups that are openly available to both users and members. However, those
areas which are not open to the public, and thus available to members only,
would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Kreative
Connections
may provide an area for our user and members to contribute feedback to our
website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you
acknowledge and agree that:
a) your contributions do not contain any
type of confidential or proprietary information;
b) shall not be liable or under any obligation to
ensure or maintain confidentiality, expressed or implied, related to any
Contributions;
c) shall be entitled to make use of and/or
disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall
automatically become the sole property of ; and
e) is under no obligation to either compensate or
provide any form of reimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All
users and/or members agree to insure and hold Kreative Connections,
our subsidiaries, affiliates, agents, employees, officers, partners and/or
licensors blameless or not liable for any claim or demand, which may include,
but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a member or
user of our Site may submit, post, modify, transmit or otherwise make available
through our Services, the use of Services
or your connection with these Services, your violations of the Terms of Service
and/or your violation of any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member
or user herein agrees not to replicate, duplicate, copy, trade, sell, resell
nor exploit for any commercial reason any part, use of, or access to 's sites.
SECTION 8 - MODIFICATIONS
Kreative
Connections reserves
the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any
third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As a
member of kreativeconnections.com, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a
cancellation or termination request to .
As a member, you agree that Kreative Connections may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or
any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement
or any other governmental agencies;
c) the discontinuance, alteration and/or
material modification to our Services, or any part thereof;
d) unexpected technical or security issues
and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent
or illegal activities; and/or
g) the nonpayment of any associated fees
that may be owed by you in connection with your kreativeconnections.com account
Services.
Furthermore,
you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and
that we shall not be liable to you or any other third party with regards to the
termination of your account, associated email address and/or access to any of
our Services.
The
termination of your account with kreativeconnections.com shall include any
and/or all of the following:
a)
the removal of any access to all or part of the Services offered within
kreativeconnections.com;
b)
the deletion of your password and any and all related information, files, and
any such content that may be associated with or inside your account, or any
part thereof; and
c)
the barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either
Kreative
Connections or any third
parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any
such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other
materials, on or available from such third-party sites or resources.
Furthermore, you acknowledge and agree that Kreative Connections shall not be responsible or liable, directly
or indirectly, for any such damage or loss which may be a result of, caused or
allegedly to be caused by or in connection with the use of or the reliance on
any such content, goods or Services made available on or through any such site
or resource.
SECTION 11 - PROPRIETARY RIGHTS
You
do hereby acknowledge and agree that Kreative Connections' Services and any essential
software that may be used in connection with our Services
("Software") shall contain proprietary and confidential material that
is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our
Services or by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized by Kreative Connections
or such applicable licensor, you agree not to alter, modify, lease, rent, loan,
sell, distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Kreative Connections Services (e.g. Content or Software), in whole
or part.
Kreative
Connections
hereby grants you a personal, non-transferable and non-exclusive right and/or
license to make use of the object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party to duplicate, alter,
modify, create or plagiarize work from, reverse engineer, reverse assemble or
otherwise make an attempt to locate or discern any source code, sell, assign,
sublicense, grant a security interest in and/or otherwise transfer any such
right in the Software. Furthermore, you do herein agree not to alter or change
the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the
purpose of obtaining unauthorized access to our Services. Lastly, you also
agree not to access or attempt to access our Services through any means other
than through the interface which is provided by Kreative Connections
for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU
HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF KREATIVE CONNECTIONS
SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE
SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. KREATIVE
CONNECTIONS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY
KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b) KREATIVE CONNECTIONS
AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE
NO SUCH WARRANTIES THAT (i) KREATIVE CONNECTIONS SERVICES OR SOFTWARE WILL
MEET YOUR REQUIREMENTS; (ii) KREATIVE CONNECTIONS SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE KREATIVE CONNECTIONS SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN
THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED
OR OTHERWISE OBTAINED BY WAY OF KREATIVE CONNECTIONS SERVICES OR SOFTWARE SHALL
BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE
SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION
WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING
AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD
OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE
WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM KREATIVE CONNECTIONS OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY
EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN
CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF
ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR
FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU
EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT KREATIVE CONNECTIONS
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a)
THE USE OR INABILITY TO USE OUR SERVICE;
b)
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c)
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d)
STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e)
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the
event you have a dispute, you agree to release Kreative Connections(and
its officers, directors, employees, agents, parent subsidiaries, affiliates,
co-branders, partners and any other third parties) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any
way connected to such dispute.
SECTION 15 - NOTICE
Kreative
Connections
may furnish you with notices, including those with regards to any changes to
the Terms, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices
may not be received if you violate any aspects of the Terms by accessing our
Services in an unauthorized manner. Your acceptance of this Agreement
constitutes your agreement that you are deemed to have received any and all
notices that would have been delivered had you accessed our Services in an
authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You
herein acknowledge, understand and agree that all of the Kreative Connectionstrademarks,
copyright, trade name, service marks, and other Kreative Connectionslogos
and any brand features, and/or product and service names are trademarks and as
such, are and shall remain the property of Kreative Connections.
You herein agree not to display and/or use in any manner the Kreative Connectionslogo
or marks without obtaining Kreative Connections's prior written consent.
Kreative
Connections
will always respect the intellectual property of others, and we ask that all of
our users do the same. With regards to appropriate circumstances and at its
sole discretion, Kreative
Connections may disable and/or terminate the accounts of any user
who violates our Terms and/or infringes the rights of others. If you feel that
your work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have been
otherwise violated, you should provide to us the following information:
a)
The electronic or the physical signature of the individual that is authorized
on behalf of the owner of the copyright or other intellectual property interest;
b)
A description of the copyrighted work or other intellectual property that you
believe has been infringed upon;
c)
A description of the location of the site which you allege has been infringing
upon your work;
d)
Your physical address, telephone number, and email address;
e)
A statement, in which you state that the alleged and disputed use of your work
is not authorized by the copyright owner, its agents or the law;
f)
And finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate, and that
you are the copyright or intellectual property owner, representative or agent
authorized to act on the copyright or intellectual property owner's behalf.
The Kreative Connections agent for notice of claims of copyright or
other intellectual property infringement can be contacted as follows:
SECTION 17 - ENTIRE AGREEMENT
This
Agreement constitutes the entire agreement between you and Kreative Connectionsand
shall govern the use of our Services, superseding any prior version of this
Agreement between you and us with respect to Kreative Connections
Services. You may also be subject to additional terms and conditions that may
apply when you use or purchase certain other Kreative Connections
Services, affiliate Services, third-party content or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It
is at the mutual agreement of both you and Kreative Connections
with regard to the Agreement that the relationship between the parties shall be
governed by the laws of the state of California without regard to its conflict of law
provisions and that any and all claims, causes of action
and/or disputes, arising out of or relating to the Agreement, or the
relationship between you and Kreative Connections, shall be filed within the
courts having jurisdiction within the County of Santa Clara, California or the U.S. District Court located in
said state. You and Kreative Connections agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive any and
all objections to the exercise of jurisdiction over the parties by such courts
and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF
TERMS
At
any time, should Kreative
Connections fail to
exercise or enforce any right or provision of the Agreement, such failure shall
not constitute a waiver of such right or provision. If any provision of this
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Agreement remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP
NON-TRANSFERABILITY
You
acknowledge, understand and agree that your account is non-transferable and any
rights to your ID and/or contents within your account shall terminate upon your
death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge,
understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the
Agreement must be filed within 1 year(s) after said claim or cause of action
arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please
report any and all violations of this Agreement to Kreative Connections
as follows:
SECTION 23 - GOVERNMENT REQUESTS
In
order to cooperate with governmental requests, subpoenas or court orders, to
protect our systems, or to ensure the integrity and operation of our business
and systems, we may access and disclose any information we consider necessary
or appropriate, including and without limitation, your information, IP address,
and usage history. Our right to disclose any such information is governed
by the terms of our Privacy Policy.
SECTION 24 - FOREIGN ACCESS OF SITE
The
Site is controlled, operated and administered by from our offices within the USA.
If you access the Site from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use 's content accessed through the
Site in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
SECTION 25 - ERRORS, INACCURACIES AND
OMISSIONS
Occasionally
there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information on the Site or
on any related Site is inaccurate at any time without prior notice (including
after you have submitted your order).
We
undertake no obligation to update, amend or clarify information on the Site or
on any related Site, including without limitation, pricing information, except
as required by law. No specified update or refresh date applied on the Site or
on any related Site, should be taken to indicate that all information on the
Site or on any related Site has been modified or updated.
SECTION 26 - PRIVACY POLICY
Every
member's registration data and various other personal information are strictly
protected by the Kreative
Connections Online Privacy Policy (see the full Privacy Policy at
https://kreativeconnections.com/privacy). As a member, you herein consent to
the collection and use of the information provided, including the transfer of
information within the United States and/or other countries for storage,
processing or use by Kreative Connections and/or our subsidiaries and
affiliates.