Latest Revision: Febuary 18, 2014
By signing up for the CreateAI service (“Service”) or any of the services of CloudNetCMS Enterprise. ("CreateAI") you are agreeing to be bound by the following terms ("Terms of Service"). Any new features and/or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the latest version of the Terms of Service at any time. CreateAI reserves the right to update and change the Terms of Service at anytime by updating and marking changes to the CreateAI website. You should check the Terms of Service periodically for any updates or changes that may impact you.
You agree that you have read and understand, and have the capacity and authority to accept, agree to and be bound by these Terms of Service.
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use the Website and Services. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Service. If you do not qualify, do not use the Services. Usage of the Website and/or Services is void where prohibited by applicable law, and the right to access the Website and Services is revoked in such jurisdictions. By using the Website and/or Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein. The Website and Services is administered in Canada and intended for North American users; any use outside of North America is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of the Services or Website.
2. Changes to the Agreement, Website or the Services.
You agree and understand that these Terms of Service, the Website and the Services may be modified by CreateAI at any time without prior notice, and such modifications will be effective upon posting of the new terms and/or upon implementation of the new changes on the Website. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Website or Services after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by CreateAI, any new features, new services, enhancements or modifications to the Website or Services implemented after your initial access to the Services shall be subject to these Terms of Service.
3. Registration and Security.
In order to use or access some or all of the Website or Services, you may be required to register with CreateAI and to select a password, domain and user name, which shall consist of an email address you own and use ("User ID"). If you register, you agree to provide CreateAI with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. CreateAI reserves the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Website or Services shall be for your personal use only. You agree to (a) immediately notify CreateAI of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.
4. Use of the Website/Services.
CreateAI does not control the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Services, and you must understand that all information, data, text, files, graphics, links, music, photographs, software, sound, video, messages, communication or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. CreateAI does not control the Content posted or transmitted in any way via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content.
You understand that by using the Website and/or Services you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CreateAI be liable in any way for any Content, including any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, or otherwise transmitted or received via the Website and/or Services. You are responsible for complying with all laws applicable to the Content you submit via the Website and/or Services. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. In addition, you agree not to do, nor allow any third party to do, any of the following actions while using the Services:
1. Harass, "stalk", threaten, embarrass or cause distress or discomfort upon another CreateAI participant, user, or other individual or entity, including impersonating in the Website and/or Services any person, including but not limited to, a CreateAI official, forum leader, guide or host, or otherwise disrupt the normal flow of dialogue within the Website and/or Services or otherwise act in a manner that negatively affects other participants;
2. Upload, post, email, or otherwise transmit via the Website and/or Services any Content that CreateAI considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable, where you understand and agree that CreateAI may review and delete any Content, or part(s) thereof, that in the sole judgment of CreateAI violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of the Website and/or Services users, and that you are solely responsible for the any Content that you publish or display on the Website or transmit to other users as well as for your ratings and reviews of businesses listed on CreateAI - CreateAI reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed;
3. Upload, post, email, or otherwise transmit via the Website and/or Services any Content that you cannot confirm to be true and not purposely provide false or misleading information, nor remove any copyright, trademark or other proprietary rights notices contained in or on the Website and/or Services, and which is unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
4. Collect any information about other users (including usernames and/or email addresses) for any purpose, and copy or store any Content offered on the Website or Services for other than your own use;
5. Upload, post, email, or otherwise submit or transmit - i) any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment; ii) use the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in illegal or detrimental activities such as but not limited to denial of service attacks; iii) any Content that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party, including but not limited to any patent, trademark, trade secret, copyright, or other proprietary rights of any party; iv) any Content or material that falsely expresses or implies that such Content or material is sponsored or endorsed by CreateAI, or any third party materials or Content without such third party's prior written consent; v) Content or materials that are unlawful or promote or encourage illegal activity; vii) any false or misleading information to CreateAI or any content which may be harmful or detrimental to CreateAI or its business associates, or which violates any restriction or policy established by CreateAI or its business associates;
6. Taking any action - i) that imposes, or may impose in CreateAI's sole discretion, an unreasonable or disproportionately large load on CreateAI's IT infrastructure; ii) to modify, adapt, translate, or reverse engineer any portion of the Website and/or Services; iii) using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Services; iv) to reformat or frame any portion of the pages that are part of the Website and/or Services; v) to cause any screen in the Website and/or Services to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect; vi) to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Website and/or Services;Â vii)to transmit any viruses, worms, defects, trojan horses or other items of a destructive nature; viii) to create user accounts by automated means or under false or fraudulent pretences; ix) to create or transmit unwanted electronic communications such as "spam" to other users of the Website and/or Services or otherwise interfere with other user's enjoyment of the Website and/or Services; or x) to use the Website and/ or Services, intentionally or unintentionally, to violate any applicable local, state, national or international law; and,
7. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website and/or Services or in connection with your use of the Website and/or Services in any manner;
In addition, you understand and acknowledge that differing countries, societies and governments may hold their citizens, companies and visitors to a different standard of conduct and speech (legal, ethical, moral and/or religious), and in this regard access to the Website and/or Services may be terminated if offensive to the conduct and speech standards of the country they are in or are transmitting into. Considerations include: the sensibilities of the recipient of the transmissions whether they hold a difference religious or ethical viewpoint, are of a different race or heritage, have a mental disorder or handicap, or any other person having special circumstances; transmissions to or aimed at an audience of children (persons under the age of 18) that include references to sexual practices and/or containing inappropriate or offensive language; and, content which promotes or incites terrorism, the misuse of weapons, or encourages or incites a person to commit a criminal offence.
By posting Content on the Website or through the Services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, CreateAI, its contractors, and the users of the Website and Services an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicenseable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Posted Content;
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CreateAI, transmitted through the Website and/or Services, or submitted to CreateAI. You acknowledge and agree that CreateAI may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CreateAI, its users and the public. You understand that the technical processing and transmission of the Website and/or Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. Copyright Dispute Policy.
CreateAI has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of CreateAI's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section.
• CreateAI Policy - It is CreateAI's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers or users; and (ii) remove and discontinue service to repeat offenders.
• Procedure for Reporting Copyright Infringements - If you believe that material or Content residing on or accessible through the Website or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below ("Proper Bona Fide Infringement Notification"):
1) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2) Identification of works or materials being infringed;
3) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that CreateAI is capable of finding and verifying its existence;
4) Contact information about the notifier including address, telephone number and, if available, email address;
5) A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
• Upon Receipt of a Bona Fide Infringement Notification - Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is CreateAI's policy:
1) to remove or disable access to the infringing material;
2) to notify the Content provider or user that it has removed or disabled access to the material; and
3) that repeat offenders will have the infringing material removed from the system and that CreateAI will terminate such Content provider's or user's access to the service.
• Procedure to Supply a Counter-Notice to the Designated Agent - If the Content provider or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to the Designated Agent listed below:
1) A physical or electronic signature of the Content provider or user;
2) Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3) A statement that the Content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and,
4) The Content provider's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider's or user's address is located, or if the Content provider's or user's address is located outside the North America, for any judicial district in which CreateAI is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
• Removal - If a counter-notice is received by the Designated Agent, CreateAI may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at CreateAI's discretion. Please contact CreateAI's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Email to: info@CreateAI.com
6. No Resale of Services.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website or Services, use of the Website or Services, or access to the Website or Services.
You agree that CreateAI, in its sole discretion, may terminate your password, Account (or any part thereof) or access to the Website or use of the Services, and remove and discard any Content within the Website or Services, for any reason, including, without limitation, for lack of use or if CreateAI believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. CreateAI may also in its sole discretion and at any time discontinue providing the Website or Services, or any part thereof, with or without notice. You agree that any termination of your access to the Website or Services under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that CreateAI may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Website or Services. Further, you agree that CreateAI shall not be liable to you or any third-party for any termination of your access to the Website or Services. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services must be filed within two (2) years after such claim or cause of action arose or be forever barred.
8. Dealings with Advertisers and Users.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CreateAI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website or Services. In addition, CreateAI does not regulate user-to-user dealings, therefore, in the event you have a dispute with one or more users of the Website or Services, you agree that CreateAI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such user or users on the Website or Services.
The Website and/or Services may provide, or third parties may provide, links to other world wide web sites or resources. Because CreateAI has no control over such sites and resources, you acknowledge and agree that CreateAI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CreateAI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such sites or resource.
10. CreateAI's Proprietary Rights.
You acknowledge and agree that the Website and/or Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Website or Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. "CreateAI Trademarks" means all names, marks, brands, logos, designs, trade dress and other designations that are used by CreateAI in connection with its Website and/or Services, including, without limitation, CreateAI, CreateAI It!, and Making You Mobile.
11. Third Party Content & Trademarks.
With respect to any Content obtained from or belonging to third parties, the following applies: This information is proprietary to third parties and is protected under international copyright laws and international treaty provisions. This information is licensed for your personal or professional use and may not be resold or provided to others. You may not distribute, sell, rent, sublicense, or lease such information, in whole or in part to any third party; and you will not make such information available in whole or in part to any other user in any networked or time-sharing environment, or transfer the information in whole or in part to any computer other than the PC or mobile device used to access this information. All other trademark and service marks appearing on CreateAI's web site which do not belong to CreateAI are the property of their respective owners. Except as expressly authorized by CreateAI or advertisers, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or Services or the Software, in whole or in part. CreateAI grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website and/or Services. You agree not to access the Website and/or Services by any means other than through the interface that is provided by CreateAI for use in accessing the Website and/or Services. Persons pictured upon the CreateAI Website and/or Services consist of models and are used for illustrative purposes only.
12. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CreateAI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO CreateAI, THE WEBSITE, SERVICES AND SOFTWARE, AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES RELATED THERETO OR INCLUDED IN THE WEBSITE AND/OR SERVICES, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (b) CreateAI MAKES NO WARRANTY THAT (i) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR AVAILABLE FROM A SPECIFIC LOCATION OR DEVICE; (iii) THE INFORMATION, TEXT, GRAPHICS, VIDEOS, LINKS, OTHER ITEMS CONTAINED WITHIN AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE OR CORRECTED; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE AND/OR SERVICES WILL MEET YOUR EXPECTATIONS, (v) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS, AND (vi) ANY ERRORS IN THE WEBSITE, SERVICES, CONTENT OR SOFTWARE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR USE OF THE WEBSITE OR SERVICES; (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CreateAI OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT; and, (e) CreateAI IS NOT RESPONSIBLE FOR THE CONDUCT OR ANY USER OF THE WEBSITE OR SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights, which vary between jurisdictions. Maps and directions provided on the Website or by the Services are informational only - no representation is made or warranty given as to their content, road conditions or route usability or expeditiousness, and you assume all risk of use. CreateAI and its suppliers assume no responsibility for any loss or delay resulting from such use.
13. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CreateAI SHALL NOT BE LIABLE UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH, THE USE OF THE WEBSITE OR SERVICES, FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, INFORMATION, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CreateAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (v) THE DELAY OR INABILITY TO USE CreateAI'S WEBSITE OR SERVICES; (vi) FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE OR SERVICES; OR (vii) OTHERWISE ARISING OUT OF THE USE OF OR RELATED TO WEBSITE OR SERVICES; WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN CreateAI'S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CreateAI IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. It is prohibited to use CreateAI's Website and Services in violation of any applicable local, provincial, state or federal laws.
As a condition of use of the Website and Services, you agree to indemnify CreateAI and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Website and/or Services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement. Further, you agree to indemnify and hold CreateAI, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the CreateAI Website, (ii) your use of the CreateAI Services, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property Content rights, or other right of any person or entity.
15. Special Admonition for Services Relating to Financial Matters.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Website and/or Services concerning companies, stock quotes, investments or securities, please read the above Sections 15 and 16 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Website and Services are provided for informational purposes only, and no Content included in the Website and/or Services is intended for trading or investing purposes. CreateAI shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Website and/or Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.
16. Third Party Websites & Dealings.
CreateAI's Website or Services may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. CreateAI does not operate or control in any respect any information, software, products or services available on such websites. CreateAI's inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the CreateAI Website and/or Services, such activity is solely between you and the applicable third party. CreateAI shall have no liability, obligation or responsibility for any such activity. You hereby release CreateAI from all claims arising from such activity.
These Terms of Service will remain in full force and effect while you use the Website and/or Services. Provisions of the Terms of Service that by their nature survive any termination or expiration of the use or access to the Website or Services shall so survive.
19. Errors and Delays.
CreateAI is not responsible for any errors or delays in responding to any request from you, whether the fault of our personnel or equipment, or any third party, technical or otherwise.
Except for the Content submitted by users, all content of any nature posted or provided to the Website or Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, shall be owned by CreateAI or its licensors. You acknowledge that the Website and Services and any underlying technology or software used in connection with the Website and/or Services contain CreateAI's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the Content, Software, and/or materials available on the Website or Services in whole or in part. Except as expressly and unambiguously provided herein, CreateAI and its suppliers do not grant you any express or implied rights, and all rights in the Website or Services not expressly granted by CreateAI to you are retained by CreateAI.
21. Content Guidelines.
The following types of sites and content are not allowed on CreateAI:
This list is a quick reference and is not meant to be complete. For more specific information, please refer to the Terms below.
22. Stock Photography.
Once a template has been purchased, the user has usage rights to use those images within CreateAI's domain and system. External usage of the images is strictly prophibited and require purchasing and extended licence for each of those images from CreateAI. The user is required to contact CreateAI's staff to purchase any of the images to get an extended license.
23. Ethical E-mail Usage (SPAM)
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most email mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire subscription will be disabled for 72 hours. Upon your third offense your account with CreateAI will be terminated, you will be fined. No refunds will be given if your account is terminated for Spam.
24. Subscription Fees and Payments; Account Upgrade/Downgrades and Cancellation
In respect to the Services provided, Customer will pay CreateAI all fees due in accordance to the prices and terms listed on this website. CreateAI reserves the right to change its prices and terms at any time, and such changes or modifications will be posted on this website and will be in effective upon the next renewal, billing period, upgrade, downgrade or purchase of the Services with and/or without notice to Customer. All payments are final and NON-REFUNDABLE.
To make payments a valid credit card is required for all accounts. CreateAI will automatically charge Customer's credit card on file based on the Customer's selected billing cycle (monthly or yearly, depending on the Services selected and billing terms for each individual Service(s)) until the Customer terminates their Services. Payments are attempted for upto 3 times after which if the customer does not update their payment information the customers subscription will be terminated and account downgraded or completely removed at CreateAI's descretion. It is the customers responsibility to ensure all data is accurate and upto date.
Account upgrade/downgrades are prorated based on the chosen billing cycle by the customer. All fees and payments will be based on the customers billing cycle and charge accordingly.
Unless a customer actively cancels/terminates their subscription or service, CreateAI Services will continue in effect.
25. Submissions to CreateAI.
To avoid the possibility of future misunderstandings when projects developed by CreateAI might seem to others to be similar to their own ideas, suggestions or materials, if you do send us any materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to CreateAI by electronic mail or otherwise, communications including any such information, data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of CreateAI. None of the Information shall be subject to any obligation of confidentiality on the part of CreateAI and shall not be liable for any use or disclosure of any information. CreateAI shall exclusively own any known or hereafter existing rights to the information of every kind and shall been entitled to unrestricted use of the information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information.
Notices to you may be made via email, regular mail, or the Website and/or Services may also provide notices of changes to this Agreement or other matters by posting notices or links to notices generally on the Services.
Please report any violations of this Agreement by contacting our support department.