Terms & Conditions
General
These terms and conditions (the “Terms” or “Terms of Use”) govern your access to and use of createme.com, or one of our other websites, applications or other services from which you are accessing these Terms (individually and collectively referred to herein as the “Site” or “Sites”). CreateMe Technologies, Inc. (“we”, “us”, “our” or “CreateMe”) provides the Site and its content for general information purposes only. BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND YOU ACCEPT AND ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THIS SITE. YOUR USE IS AT YOUR OWN RISK AND IS CONDITIONED UPON ACCEPTANCE OF THESE TERMS OF USE.
We reserve the right to change these Terms from time to time without notice to you, and any such changes will be effective upon publication on the Site. We also reserve the right, in the event of a violation of these Terms of Use, to protect our rights, property, and interests to the maximum extent permitted by law.
Copyrights, Trademarks and Other Intellectual Property
This Site and its content are the property of CreateMe and its affiliates and licensors, which own, solely and exclusively, all rights, title and interest therein and thereto (including copyrights and other intellectual property and proprietary rights) and are protected from unauthorized copying and dissemination by United States copyright law, international conventions, and other intellectual property laws. All trademarks and logos appearing on this Site are the property of CreateMe and their respective owners. Nothing on this Site should be construed to, and your use of the Site does not, except as expressly permitted herein, grant any license or right in or to any trademarks, logos, Site content or other intellectual property rights. All rights are reserved by CreateMe or the respective owners of each trademark, service mark, logo, or other intellectual property, except as otherwise described in these Terms of Use.
Limited License
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited license to access, view, use and display the Site and Site content on your computer or other device, for your personal, educational and non-commercial use only. No part of the Site or content may be copied, republished, exploited, downloaded, transmitted, modified, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.
Privacy and Information Submitted by You
Any personal information (such as your name, email address and other personally identifying information) you submit to us through or in connection with this Site, is subject to our Privacy Policy, which is hereby incorporated by reference into these Terms of Use. You are solely responsible for all information you send to us, including, without limitation, its accuracy, truthfulness, and non-infringement of any other party’s legal rights.
Unless specifically requested by us, we neither solicit nor wish to receive any confidential or proprietary information or other material from you. Any information or materials transmitted to or through the Site, including, but not limited to, through the “Contact Us” section (collectively, “Submitted Materials”), will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these Terms.
By submitting, uploading, posting or sending Submitted Materials to, on or through the Sites, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto, or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Sites for our use, in accordance with these Terms, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, the Sites), products or services, in any form, media, or technology now known or later developed, and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide.
Your Conduct on the Site
While accessing or using the Site (including your submission of information through the Site), you agree not to: (a) violate any law, rule or regulation; (b) violate the security of the Site, or obtain or attempt to gain unauthorized access to the Site, and Site content, computer systems or networks connected to any server associated with the Site; (c) impersonate any person or entity, whether actual or fictitious, including anyone from the Site or CreateMe, or misrepresent your affiliation with any other person or entity; (d) use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Site for any commercial or promotional purposes; (e) alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices; (f) engage in spidering, “screen scraping,” “database scraping,” harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information through the Site, including, without limitation, any information residing on any server or database connected to the Sites; (g) use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site, or interfere with any other party's use and enjoyment of the Site, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests; (h) circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Site or its services or any software on the Site; (i) upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials constitute or contain a virus, spyware, or other harmful component, embedded links, chain letters or pyramid schemes of any kind, or which includes fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent content; (j) use the Site to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right.
Third-Party Content
This Site may contain information from other companies and may include links to websites maintained by other companies. We provide these links to you for informational purposes only and we are not endorsing, adopting, or agreeing with any of the content or the products or services of such third parties. We expressly disclaim all, and you acknowledge and agree that we have no responsibility for the content of any third party or the products or services of that third party. We do not make any representations regarding the content or accuracy of materials from third parties or their products or services. We urge you to use discretion when you access any third-party information or sites linked to or from our Site.
Links to this site
Links to any document published by CreateMe on this Site must be made to the home page only, without deleting any frames or our URL address. Links to this Site must not imply any false endorsement, sponsorship, affiliation, or association with CreateMe of any kind. We reserve the right at all times to revoke consent to a link at any time.
DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE SITES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. USE OF THE SITES OR THE SUBMISSION OF ANY INFORMATION OR MATERIALS TO OR THROUGH THE SITE DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY INFORMATION OR MATERIAL CONTAINED HEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN NO EVENT SHALL CREATEME OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY PARTY INVOLVED IN CREATING OR PRODUCING THIS SITE OR ANY INFORMATION OR MATERIAL CONTAINED HEREIN, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, RESULTING FROM THE USE OF THIS SITE (OR WITH THE DELAY OR INABILITY TO USE THIS SITE) OR ANY INFORMATION OR MATERIALS CONTAINED HEREIN OR OTHERWISE ARISING OUT OF USING THIS SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION IS APPLICABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
To the maximum extent permitted by applicable law, You agree to defend, indemnify and hold us and our parents, subsidiaries, affiliates, owners, directors, officers, employees, agents harmless from and against any claim, action or demand, including, without limitation, reasonable legal and accounting fees, arising from or relating to: (i) your breach of these Terms of Use; (ii) your access to, or use or misuse of, this Site and/or its content or (iii) your violation of any intellectual property or other rights of any third party.
Applicable Law and Jurisdictional Matters
Any dispute arising out of or relating to the Site shall be filed in a court of competent jurisdiction in California and governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision. This Site and its contents are intended for users located within the United States and to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information on the Site pertaining to CreateMe products and services is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who access or use the Site from other locations are responsible for compliance with any applicable local laws. Software from the Sites is further subject to United States export controls. No software from the Sites may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Miscellaneous
These Terms of Use shall bind and inure to the benefit of the parties to these Terms of Use and their respective successors and permitted assigns. We and you are not partners, joint venturers, agents, employees, or representatives of the other party. These Terms of Use contain the entire understanding of the parties with respect to the subject matter herein, supersede all previous communications, understandings, and agreements (whether oral or written) and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms of Use on this Site. The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Changes
We may make changes to these Terms of Use at any time and for any reason. Any such changes shall be effected by posting of the updated Terms of Use to this Site and any such changes shall only apply to your use of this Site after the date of such change(s).
Contact
If you have any questions about these Terms of Use, please contact us at: hello@createme.com
Updated: December 30, 2024