Terms & Conditions
Agreement between user and Cre8tive Apps, LLC
These services, web site and tools are offered to you conditioned on your acceptance without modification of the terms, conditions, notices contained herein. By accessing this web site (http://www.cre8tiveapps.com) you are agreeing to be bound by all such Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
The materials contained in this web site are protected by applicable copyright and trade mark law. Please read these terms carefully, and keep a copy of them for your reference.
http://www.cre8tiveapps.com is a E-commerce Site providing branded mobile applications and services through the website and through mobile application distributions sites and services such as the iTunes ® store, Android ® Marketplace and other similar services.
1. Electronic Communication
Visiting http://www.cre8tiveapps.com or sending emails to Cre8tive Apps, constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.
Certain areas or features of the Cre8tive Apps Website may be restricted to users who have obtained a user identification and password by completing a registration process described on the Cre8tive Apps Website (“Your Account”). To create Your Account, You must qualify and agree to the terms and conditions set forth below. Failure to qualify and continuously abide by any of the following terms and conditions constitutes a breach of this Agreement. Specifically, You agree and warrant that:
You are of the age of legal consent and You possess the legal authority to enter into this Agreement including the authority to accept all of these Terms for accessing the Cre8tive Apps Website under the laws of any jurisdictions that apply to You. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time;
All information that You provide in Your registration form for the purposes of establishing Your Account is true and correct and You will promptly notify us of any changes to such information;
You may only have one (1) account. You are prohibited from holding more than one account. Your single account must be registered under Your current full legal name, Your email address and Your current address. Should You attempt to create more than one (1) account under Your current legal name or any other name or create an Account using a name other than Your current legal name, we will be entitled to immediately terminate Your Account under this Agreement.
Your Account is for Your sole use only and must not be used by any third party. You shall not permit, either directly or indirectly, any other person to use Your Log-In or password to access or use the Cre8tive Apps Website to arrange, enter, and/or participate in services, or for any other purposes. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cre8tive Apps is not responsible for third party access to your account that results from theft, misappropriation of your account. Cre8tive Apps, and its associates reserve the right to refuse or cancel service, terminate accounts or remove or edit content in our sole discretion.
You have verified and determined that Your use of the Cre8tive Apps Website Services does not violate any law or regulation in any jurisdiction that applies to You. It is Your sole responsibility to ensure that this is the case;
You shall not infringe upon or violate Cre8tive Apps’ or any third party's personal, contractual or proprietary rights, including, without limitation, patents, confidentiality, trademarks, copyrights, rights of privacy or publicity or trade secrets;
You will not use the Cre8tive Apps Website or Services for fraudulent or otherwise illegal purposes; should You learn that any User is using the Cre8tive Apps Website for fraudulent or otherwise illegal purposes, You will immediately notify Us in writing;
You will not mask Your identify in any way, including without limitation.
Cre8tive Apps reserves the right (but does not undertake the obligation) to conduct a review, at any time, to validate Your Account information, collected under this Agreement to ensure that Your participation in the Cre8tive Apps website does not breach this Agreement and/or any applicable law. You authorize Us and our agents to make any inquiries of You and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, You agree to provide sufficient information or documentation as Cre8tive Apps, in its discretion, may request. If You do not provide such information within ten (10) days of our request, Your responses are incomplete or otherwise insufficient, or if Cre8tive Apps cannot verify the information applicable to Your Account submitted pursuant to this Agreement, Your Account may be terminated as set forth hereunder.
Cre8tive Apps does not knowingly collect, either online or offline personal information from persons under the age of thirteen. If you are under 18, you may use http://www.cre8tiveapps.com only with the permission of a parent or guardian.
3. Orders and Subscription Services
If You wish to purchase any products or services through the Cre8tive Apps Website, We will ask that You supply billing and/or shipping information applicable to Your desired purchase. All information that You provide to us or our third party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that You incur at the prices in effect when You place Your order. Verification of Your billing or shipping information may be required prior to our acceptance of Your order.
3.1 Termination/Cancellation/Refund Policy
Subscriptions per individual and are on a month to month basis. You will be billed (and your payment method on file with our secured payment processor will be charged) at the beginning of each service cycle for the following month’s service.
Example: If you sign up on the 7th of the April, each following month (May 7th, June 7th, etc.) on the 7th, your payment method on file will be charged automatically the current price of your subscription options to cover the service for that current cycle.
You may cancel or change your subscription or service at any time, however, any cancellations made after the first 3 (three) days of the service period are not eligible for a refund and service will continue until the end of the current billing period at which point the service will be terminated. Set up fees are non refundable. Group pricing may be available, please contact us at Support@cre8tiveapps.com to discuss any special pricing plans or options.
To cancel your subscription, please email: firstname.lastname@example.org and include your name, phone number, email address and realtor number.
Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order at Our sole discretion.
We expressly reserve the right to terminate Your Account (including Your Log-In, User ID, and password) for any reason, including without limitation, non payment, latency or a violation of any terms or conditions of this Agreement, or if You have breached any of the Terms, or Your use of the Services have been in any way improper or breach the spirit of this Agreement.
3.2 Warranty Information for Services provided by Cre8tive Apps
YOUR USE OF THE CRE8TIVE APPS WEBSITE AND ALL SERVICES IS AT YOUR OWN RISK. You understand that Cre8tive Apps cannot and does not represent or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Content, tools products and services are provided “AS-IS” and without warranties of any kind, either expressed or implied. Cre8tive Apps disclaims any and all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Cre8tive Apps does not warrant that any content contained in this Cre8tive Apps Website will be uninterrupted or error-free, that defects will be corrected, or that this Cre8tive Apps Website or the server that makes it available are free of viruses or other harmful components. The content may include technical inaccuracies or typographical errors, and Cre8tive Apps may make changes or improvements at any time. You are responsible for implementing sufficient procedures and safeguards to satisfy Your particular requirements for the security and integrity of your hardware, software, firmware and related equipment and files, and for maintaining a means external to this Cre8tive Apps Website for the reconstruction of any lost data. Cre8tive Apps does not assume any responsibility or risk for Your use of the Internet. You, and not CRE8TIVE APPS, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE CRE8TIVE APPS WEBSITE OR ITS CONTENT. CRE8TIVE APPS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
If You are a California resident, You waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
You acknowledge and agree that Cre8tive Apps owns all legal rights, title and interest in and to the Content, Materials and Web Sites, including any Cre8tive Apps trade names, trademarks, service marks, logos, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without Cre8tive Apps's prior written permission. Except as expressly provided herein, Cre8tive Apps does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
4.1 Restrictions of Use
Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Upload, post, email, transmit or otherwise make available any content that harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
Use the Web Sites, Materials, Services or activities to "stalk" or otherwise harass or harm another;
Impersonate any person or entity, including, but not limited to, an Cre8tive Apps official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Site or Materials;
Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You may not use the Web Site or Materials in any manner that could damage, disable, overburden, or impair any Cre8tive Apps server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or Materials or interfere with any other party's use and enjoyment of the Web Sites or Materials;
You may not attempt to gain unauthorized access to any Web Site or Material, other accounts, computer systems or networks connected to any Cre8tive Apps server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites or Materials;
Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Interfere with or induce a breach of the contractual relationships between Cre8tive Apps and its employees or users;
Impair or limit Our ability to operate the Cre8tive Apps Website or any other person's ability to access and use the Cre8tive Apps Website;
Use any methods, means or devices to click on to the Cre8tive Apps Website or cause a visit to the Cre8tive Apps Website for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with Us;
Dilute or depreciate the name and reputation of Cre8tive Apps or any of its affiliates;
5. Links to third party sites/Third party services
The Cre8tive Apps website and our products, services and content may contain links to other websites (“Linked Sites”) and/or services by third party Service Providers. The Linked Sites and/or Service Providers are independent of Cre8tive Apps and We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website nor do we make any representation regarding the services provided by such third party providers. Inclusion of any such Linked Sites or Services Providers does not imply endorsement by Cre8tive Apps of the site or any association with its operators. Your linking to any other website or requesting such services from a third party providers is at Your own risk. You should perform due diligence before engaging with any of third party partner.
From time to time, Cre8tive Apps may display or otherwise make available promotions, advertisements and/or offers provided by third parties ("Third Party Promotions"). You understand and agree to hold Cre8tive Apps harmless and agree that Cre8tive Apps shall have no liability whatsoever for such Third Party Promotions. If You participate in, click on, or otherwise link to such Third Party Promotions You do so solely at Your own risk. Your sole remedy in connection with such Third Party Promotions will be with the third party.
Affiliate service providers and 3rd party partners
By signing up as an as an affiliate partner/service provider, you agree to use every reasonable effort to keep any user information or data provided confidential and agree not to sell, share, trade and exchange user information of any kind.
6. User Content Submissions
Definition: User content submissions may include but not limited to, may include user registration, participation, public sharing, posting, uploading, linking, downloading, and transferring, viewing, blogging, commenting, chat room, bulletin board and forum participation, or submitting or transmitting content, including, but not limited to graphics, art, software, code, data, text, video, audio, text, opinions, descriptions etc. (the "User Content") on any Cre8tive Apps Web Site. The content submitted by users is referred to here after as "User Content".
Non-Endorsement: Cre8tive Apps does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Cre8tive Apps expressly disclaims any and all liability in connection with User Content submissions. Cre8tive Apps does not permit copyright infringing activities and infringement of Cre8tive Appslectual property rights on its Web Sites, and Cre8tive Apps will remove User Content if properly notified that such submission infringes on another's Cre8tive Appslectual property rights in accordance with the DMCA provisions. Cre8tive Apps reserves the right to remove User Content at its sole discretion and without prior notice.
Ownership: Cre8tive Apps does not claim ownership of any User Content submitted, posted, transmitted, made available or displayed on, or through, the Web Sites or Materials, including, but not limited to, data, text, sound, images, videos, diagrams, software, code, audio, information, graphs, or descriptions on the Web Sites or Material. Unless otherwise agreed to in writing, there is no compensation for User Content. Cre8tive Apps is under no obligation to post or use any User Content submitted. Unless otherwise agreed in writing with an authorized Cre8tive Apps representative, any material, information or other communication you transmit or post to a Web Site will be considered non-confidential and non-proprietary.
License: You acknowledge and agree that by posting and/or submitting to Cre8tive Apps and content containing any remarks, graphics, comments, improvements, suggestions, ideas and other, You hereby grant to Cre8tive Apps the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions, and to incorporate any Submission in other works in any form, media, or technology now known or later developed for commercial and non commercial purposes. Cre8tive Apps will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Cre8tive Apps operations.
6.1 Warranties and Representations for User Content:
6.2 Moderation or Pre-Screening:
You acknowledge and agree that all testimonials submitted to Us will become and remain our exclusive property, even if the provisions of these Terms are later modified or terminated. This means that You irrevocably grant to Cre8tive Apps the unrestricted right (now and in the future, without notice, compensation or other obligation to You or any other person) to use Your statement, image, signature and/or likeness, as furnished by you in any Submission, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Cre8tive Apps may use any percentage of Your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude Your name or use a fictional name therewith.
6.4 Digital Millennium Copyright Act and Intellectual Property Policy
Cre8tive Apps understands the value and importance of intellectual property rights and makes every effort to observe and respect the valid intellectual property rights of others. Cre8tive Apps does not review all of the material posted on or submitted through the Cre8tive Apps Website and has no responsibility for any content that You may find or access when using Cre8tive Apps products or services, or the product or services provided on the Cre8tive Apps Website. Cre8tive Apps takes all concerns related to Cre8tive Appslectual property seriously and it is Cre8tive Apps’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account if such user infringes or appears to infringe the intellectual property rights of others.
Notice of Copyright Infringement. Cre8tive Apps is committed to protecting copyrights and expects You to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that any material used or displayed on the Cre8tive Apps Website infringes Your copyright, You (or Your agent) may send us a notice requesting that the material be removed, or access to it blocked. If You believe that any material on the Cre8tive Apps Website infringes a copyright, or any valid intellectual property right, please provide the following information to Cre8tive Apps’s DMCA Agent.
A physical or electronic signature that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Cre8tive Apps Website are intended to be covered by a single notification, a complete list of such works on the Cre8tive Apps Website and details or descriptions as to their locations within the Cre8tive Apps Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide this information to Cre8tive Apps’s DMCA Agent, who can be reached as follows:
Cre8tive Apps LLC
Attn: Jay Taylor,
7719 Wood Hollow Dr. Suite 200
Counterstatement. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to Cre8tive Apps’s DMCA agent above.
7. Limitation of Liability:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRE8TIVE APPS AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
IN NO EVENT SHALL CRE8TIVE APPS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEB SITE.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES CRE8TIVE APPS MAY MAKE TO THE SERVICES, DOCUMENTS, WEB SITE, CONTENT OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SITE (OR ANY FEATURES WITHIN THE WEB SITES); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THESE LIMITATIONS ON CRE8TIVE APPS'S LIABILITY SHALL APPLY WHETHER OR NOT CRE8TIVE APPS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.
You agree to indemnify and hold Cre8tive Apps, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless, from any breach of these Terms by You, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to pay any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information, content and services accessed from this Cre8tive Apps Website.
User access to this Web Site is governed by all applicable federal, state and local laws.
You understand and acknowledge that Cre8tive Apps controls and operates the Cre8tive Apps Website from within the United States of America. The Cre8tive Apps Website provides information regarding services and products that are made available in the United States and Canada only. We make no representation that the services or products about which information may be provided on the Cre8tive Apps Website will be available (a) anywhere outside of the geographical area covered.
In addition, Cre8tive Apps makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms constitute the entire agreement between you and Cre8tive Apps, LLC and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and Cre8tive Apps shall be governed by the laws of the State of Texas, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms 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 Terms remain in full force and effect.
In the case of any violation of these rules and regulations, Cre8tive Apps reserves the right to seek all remedies available by law and in equity for such violations.
Copyright © Cre8tive Apps, LLC. All rights reserved.