Terms of Website Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
These Terms detail the conditions of use on which you may make use of the Site, whether as a guest or a registered user. Use of the Site includes accessing, browsing or registering to use the Site.
Please read these Terms carefully before you start to use the Site, as these will apply to your use of the Site. We recommend that you print a copy of these Terms for future reference.
Your access to and use of the Site is conditional upon your acceptance of and compliance with these Terms. By accepting these Terms electronically or in writing, and/or by accessing or using the Site, you confirm that you accept these Terms and that you agree to comply with them.
These Terms apply to all visitors using your account, and others who access or use the Site through your account.
These Terms, and any agreement between you and us, are in the English language only.
If you do not agree to these Terms, you must not use the Site.
2. OTHER APPLICABLE TERMS
These Terms refer to the following additional terms, which also apply to your use of the Site:
If you purchase goods through the Site, our Terms for the Sale of Goods will apply to the sales.
3. YOUR USE OF THE WEBSITE
By accessing or using the Site, you agree to be bound by these Terms.
4. CHANGES TO THESE TERMS
We may revise these Terms at any time by amending this page. The most current version will always be posted to the Site.
If a revision to the Terms, in our sole discretion, is material we will notify you (for example via e-mail to the e-mail address associated with your account).
Please check this page from time to time to take notice of any changes we make, as they are binding on you. By continuing to access or use the Site after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Site.
5. CHANGES TO THE SITE
We may update the Site from time to time, as we evolve, refine or add more features to the Site, often without prior notice to you, and we may change the content at any time. However, please note that any of the content on the Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that the Site, or any content on it, will be free from errors or omissions.
6. ACCESSING THE SITE
The Site is made available free of charge.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
7. YOUR ACCOUNT AND PASSWORD
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with us or a third party service. You must not disclose it to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You must provide us with accurate information when you create your account with us.
You must never use another user’s account without permission.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
8. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
All rights, title and interest in and to the Site are and will remain, as between you and us, the exclusive property of Creatd.
Nothing in these Terms gives you the right to use the “Creatd” names or any of Creatd’s trade marks, logos, domain names and other distinctive features. Any feedback, comments or suggestions you may provide regarding Creatd or the Site is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Y
ou may print off one copy, and may download extracts, of any page(s) from the Site for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged. Y
ou must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. ACCEPTABLE USE OF THE SITE
Creatd is trusted by its customers and the users of the Site and we trust you to use the Site responsibly. You agree not to misuse the Site. For example, you must not, and must not attempt to do the following things:
i) use the Site for any unlawful purposes or for promotion of illegal activities;
ii) post any Content on the Site in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
iii) impersonate others through the Site or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse or deceive others;
iv) publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorisation and permission;
v) send unsolicited communications, promotions or advertisements or spam;
vi) access, tamper with or use non-public areas of the Site, Creatd’s computer systems or the technical delivery systems of Creatd’s providers;
vii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication matters;
viii) access or search the Site by any means other than our publicly supported interfaces (for example, “scraping”); or
ix) interfere with, or disrupt, the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site. We may investigate and/or suspend your account if you or others using your account violate any of the rules above. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you or others using your account violate these Terms or abuse the use of the Site.
10. UPLOADING CONTENT TO THE SITE
Whenever you make use of a feature that allows you to upload information or text (“Content”) to the Site, or to make contact with other users of the Site, you will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. Y
ou warrant that any such Content complies with these provisions, and you will be liable to us and indemnify us for any breach of these rights. Any Content you upload to the Site is your sole responsibility and we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications posted on the Site or endorse any opinions expressed via the Site.
We may not monitor or control the Content posted to the Site and cannot take responsibility for such Content. Under no circumstances will Creatd be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content on the Site.
Any Content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us a limited licence (with the right to sublicense) to use, store, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives of and display that Content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of the Site.
We have the right, but not the obligation, to remove any posting you make on the Site if, in our sole opinion, the Content violates these provisions.
The views expressed by other users on the Site (if any) do not represent our views or values.
You are solely responsible for securing and backing up your Content.
12. NO RELIANCE ON INFORMATION
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
13. LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Site; or
- use of or reliance on any content displayed on the Site.
Please note that we only provide the Site for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
You agree to defend, indemnify and hold harmless Creatd and its licensees and licensors, and our and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to legal fees) arising from your use of and access to the Site, including any data or Content transmitted or received by you, any other party’s access or use of the Site through your account (whether or not with your username and password), or your violation of these Terms, applicable law, rule or regulation.
15. NO WARRANTY
The Site is provided on an “as is” and “as available” basis. Use of the Site is at your own risk. To the maximum extent permitted by applicable law, the Site is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, Creatd and its licensors do not warrant that the content on the Site is accurate, reliable or correct; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Site. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third party providers of products or services.
We do not guarantee that the Site will be secure or free from bugs or viruses. Y
ou are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the United Kingdom Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
17. LINKING TO THE SITE
You may link to the home page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Site in any website that is not owned by you. The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in these provisions. If you wish to make any use of content on the Site other than that set out above, please contact us at email@example.com
18. THIRD PARTY LINKS AND RESOURCES IN THE SITE
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
19. ENTIRE AGREEMENT
These Terms, together with any amendments and any additional agreements you may enter into with Creatd in connection with the Site, will constitute the entire agreements between you and Creatd and you agree that they extinguish all representations (whether written or oral) of any kind or of any person other than those expressly set out in these Terms or any amendments and any additional agreements you may enter into with Creatd in connection with the Site.
20. NO WAIVER
No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Creatd’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
21. APPLICABLE LAW
These Terms, their subject matter and their formation are governed by English law. You and we both agree to that the courts of England and Wales will have jurisdiction.
22. CONTACT US
To contact us, please e-mail firstname.lastname@example.org
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