Terms of Service

This page outlines the Terms of Service (hereafter the "Agreement") under which the CreationSwap services (hereafter the "Services") and www.CreationSwap.com website (hereinafter the “Site”) are provided to you.

Please read this Agreement carefully. By using the Site and/or using our Services, you are indicating your acceptance to be bound by this Agreement. If you're unwilling to be bound this Agreement, do not use this Site or use the Services. Moreover, CreationSwap contains various products and services that require additional agreements, including, but not limited to submission of artwork, profiles sections, discussion sections, and critique sections. These various products and services may include separate, additional agreement(s) that you agree to if you use these products or services. In the event that such an agreement exists, then any differences between this Agreement and the separate agreement shall be interpreted in accordance with the terms of the other agreement, rather than this Agreement. However, to the extent that both or multiple agreements are capable of applying without conflict, they shall be interpreted in harmony with one-another.

By using the Site you further acknowledge your understanding and acceptance of CreationSwap’s information gathering, use and dissemination practices as outlined in our Privacy Policy, as defined below.

Please note that CreationSwap may revise the Agreement at any time by updating this Agreement on its website. You should visit this page periodically to review the Agreement, as it is binding upon you.

Privacy Policy

CreationSwap has no obligation to monitor the Site, or prevent parties not under CreationSwap’s control from obtaining information about you. CreationSwap does not collect personal information about users for sale or use by third parties. You agree that CreationSwap has the right to monitor the Site electronically from time to time and to disclose any information that CreationSwap deems necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users, affiliates, partners and contracted parties. CreationSwap will not intentionally monitor or disclose any private electronic-mail message unless required by law. CreationSwap reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

CreationSwap cannot ensure or guarantee privacy for users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and CreationSwap and its affiliates and related companies shall be relieved of all liability in connection therewith.

When making purchases or other transactions through the CreationSwap Site or the Internet, you may also be asked by the Merchant, or information or service provider to supply certain information, including credit card or other payment t mechanisms. You agree that all information you provide any merchant or information or service provider through the Site will be accurate and complete. You agree to pay all charges incurred by you and/or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the Site. CreationSwap is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner. CreationSwap will take reasonable measures to protect the privacy of your credit card information to the extent that the information is processed through the Site. CreationSwap will only use such information for the purchase of the Services on the Site. We retain sufficient personal information to report to the IRS or other government authority, such as your W9 and 1099's, and retain such information for at least the minimum statutory period.

You authorize CreationSwap to collect from any party and to retain all relevant information relating to your use of the Site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify CreationSwap to the contrary by e-mailing us, you further authorize CreationSwap to disclose, on a confidential basis, to any party with whom CreationSwap has business relations all relevant information relating to your dealings with us and the CreationSwap Site.

You acknowledge, consent and agree that CreationSwap may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access 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; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CreationSwap its users and the public.

To the extent that you voluntarily post information about yourself via your profile, the post or critique features, you understand that your information is publicly accessible and the CreationSwap cannot, and will not, monitor or protect such information in any way.

When we license content from a third-party, we may be required to share your personal information with that licensor as a requirement of our license. However, we will not share your information unless we have been assured by the licensor that your personal information will not be distributed or resold.

Our Services

We offer consumers the ability to download artwork free or for a fee online. We are provided the content by third-parties, who are solely responsible for the content. Therefore, we are not able to guarantee any of the content of the products or services that are available on our site. If any content is believed to be, or alleged to be, infringing of any third-party rights, we reserve the absolute right to remove such content immediately and without notice. Moreover we may suspend the Services, remove the Site, or otherwise discontinue any portion of any part of the Site at any time for any reason. We may also remove any user for any reason, and block that user indefinitely from use of the Site and Services.

Refund Policy for Custom Print Products Only: Creationswap.com is committed to your satisfaction. Refunds are available at two different levels for all of our print products.

Pre-Print: If you do not, or cannot, approve your design within the first 15 days of the order placement and request a refund in that timeframe, we will credit your order in full. If after your 2nd proof we cannot make changes that meet your needs or your proof becomes cold for longer than 15 days we will refund your order minus the one-time personalization fee.

Post-Print: If you find any physical defect or any discrepancy from your authorized proof, please contact us within 30 days of receipt and we will replace or refund your order. To receive your refund, please make a request with your order number in the subject line to refunds@creationswap.com. Please note: Due to the nature of online proofing and our print-on-demand technology, we cannot offer refunds for discrepancies in color or a defect rate of less than 5%.

Orders without activity for more than 30 days will be placed on hold. Orders without activity for more than 90 days will be automatically refunded minus design fees and a 20% administration fee.

All Sales Final; Downloading and Risk of Loss; Availability of Digital Content. All sales of Digital Content are final. We do not accept returns of Digital Content. Once you have purchased Digital Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download after having reviewed our online help resources, please contact support. You bear all risk of loss after purchase and for any loss of Digital Content you have downloaded, including any loss due to a computer or hard drive crash. We may, from time to time, remove Digital Content from the Service without notice.

Our downloadable content is copyright protected and embedded with reasonable measures to prevent unauthorized copying and distribution. CreationSwap and/or the owner of the content may strictly enforce breach of the copyrights and/or circumvention of the security measures. We ask that all users respect our rights, and the rights of the authors and artists that have created the products that we offer.

Many of the images that are used on the site are uploaded by artists or by organizations that desire to allow users to download the artwork for the pleasure of the user, but NOT for use as a trademark, or as a part of a new work of art, such as a website. Our images of church logos are not intended to allow a different church to use the artwork for a brand or website, but are intended to allow the user to “identify” with the church by having the logo on his or her computer, telephone, or other digital device.

Our Services allow users to join discussion groups, post comments and critiques, and create a user’s “creative space” for the user’s profile. Profiles are governed by this Agreement, as well as the Submission Agreement, which applies to any artwork or creative work posted on the Site.

You agree that before you may create a profile, post or critique, you will provide accurate and true personal information, including your full name, one active telephone number, an active email address, and your city and state.

Intellectual Property Rights

Our Site (including but not limited to text, graphics, images, logos, buttons, icons, software and other materials, not including the specific downloadable content, hereafter collectively the "Content") are the sole property of CreationSwap, and are protected by U.S. copyright and international treaties. CreationSwap authorizes you to view and download a single copy of the Content on the Site solely for your personal, noncommercial use. Unauthorized use of the Content may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. Additionally attempting to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or service is expressly prohibited.

All Site designs, copy, graphics and logos and certain other names or logos are service marks or trademarks of CreationSwap.com. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by CreationSwap’s trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

You agree to be bound by third party licenses of software or content that is available or part of the Site and to abide by the terms of use of any such third party software or content.

Acceptable Use of the Site

The Site and its Services are intended for individuals that are downloading artwork as offered on the site. The Site also allows comment posting, critiques, and profiles.

As one of the conditions of your use of the Site and Service, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Site complies with this Agreement.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

You agree that you will NOT:
  • Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  • Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
  • Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
  • Harm minors in any other way.
  • Make any sexual request on behalf of a minor or make any sexual request of a minor.
  • “Stalk” or otherwise harass another.
  • Collect or store personally identifying information about other users for commercial or unlawful purposes.
  • Impersonate any person or entity, including, but not limited to, an CreationSwap Inc or CreationSwap Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
  • Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  • Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy.
  • Making available copyrighted software or other Content that has had the copyright protection removed.
  • Making available serial numbers for software that can be used to illegally validate or register software.
  • Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content.
  • Making available any software files for which the user does not own the copyright or have the legal right to make available.
  • Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
  • Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or CreationSwap.
  • Use automated means, including additional computers, software and scripts, to enhance play in CreationSwap promotions, increase the number of plays of songs of any particular artist on CreationSwap or increase traffic to the CreationSwap artist site of any particular artist.
  • Use automated means, including spiders, robots, crawlers, or the like to download data from any CreationSwap database.
  • Conduct your own contests and promotions.
  • Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
  • Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any CreationSwap database, including, without limitation, by incorporating data from any CreationSwap database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
  • Sell, distribute, or make any commercial use of data obtained from any CreationSwap database or make any other use of data from any CreationSwap database in a manner which could be expected to offend the person for whom the data is relevant.
  • Create and maintain a CreationSwap artist site that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a CreationSwap artist site, post pictures to the CreationSwap artist site, and have other web pages call the CreationSwap artist site to retrieve those pictures.
  • Create and maintain a CreationSwap user profile that contains hyperlinks to content not permitted on CreationSwap.
  • Disrupt the normal flow of dialogue in a chat room, cause a screen to “scroll” faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
  • Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  • Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  • Disobey any CreationSwap or CreationSwap Company employee or representative or interfere with any action by any CreationSwap or CreationSwap Company employee or representative to redress any violation of these Terms and Conditions.
  • Access the Products and Services after your account or access has been terminated by CreationSwap
  • Fail to complete any transaction after submitting an order to purchase any goods or services from individual profiles, subject to the profile’s terms and conditions governing such transactions.
  • Submit any order to purchase goods or services from individual profiles where you do not intend to complete the transaction.
  • Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
  • Use any software deployed in connection with the Services to process data as a service to other entities without the express written consent of CreationSwap or the party from whom such software may be licensed.
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Site or Services.
  • Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to CreationSwap community or the spirit of this Agreement.
  • Post any mean, discourteous or angry comments, posts, critiques or content.
  • Advertise, offer for sale, or sell any of the following items:
    • Any firearms, explosives, or weapons.
    • Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
    • Any alcoholic beverages.
    • Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
    • Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
    • Any controlled substances or pharmaceuticals.
    • Any counterfeit or stolen items.
    • Any dangerous items.
    • Any goods or services that do not, in fact, exist.
    • Any registered or unregistered securities.
    • Any items that violate or infringe the rights of other parties.
    • Any items that you do not have the legal right to sell.
    • Any items where paying CreationSwap any of the required transactional or listing fees would cause CreationSwap to violate any law.

You acknowledge and agree that CreationSwap and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation CreationSwap and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates this Agreement or is otherwise objectionable as determined by CreationSwap, in its sole discretion. CreationSwap may also terminate access to, or membership in, CreationSwap, or any portion thereof, for violating these Terms and Conditions. You acknowledge and 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 or obtained through the use of CreationSwap, including without limitation, information posted on message boards.

Posting

Users are invited to post content to their profile (“Profile”) subject to the following limitations: (a) CreationSwap may limit the amount of bandwidth dedicated to any account; and (b) CreationSwap reserves the right to display advertising on Profile pages. Please consult the Privacy Policy. Profiles are governed by this Agreement, including, without limitation, Acceptable Use. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. CreationSwap reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old.

By registering on CreationSwap, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of CreationSwap will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.

Please choose carefully the information you post on your Profile and that you provide to other members. Your Profile may not include the following items: telephone numbers, street addresses, URLs or email addresses, and any photographs posted by you may not contain nudity or any personal information. Please read Acceptable Use above for additional terms and conditions regarding your use of CreationSwap.

The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which CreationSwap assumes no responsibility or liability.

CreationSwap reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of CreationSwap at any time, for any or no reason, with or without prior notice, and without liability.

Advertising

CreationSwap may advertise on the Site, including on all pages of the Site, which may include your Profile, and any page that the Site displays. We have no obligation to share revenue from advertising with any user at any time for any reason.

Advertising on the site is “as is” and without warranty of any kind. The advertiser is wholly responsible for the content of any advertisement, and the User agrees that it will not look to CreationSwap for any liability related to advertising, including the availability of the products, the truthfulness of the advertisement or the content of the advertisement.

Linking To CreationSwap

You may link to us from any site that does not contain content that is inconsistent with the Acceptable Use set forth in this Agreement. You may use the digital files located HERE to link to us, including links to your Profile. No other images may be used without prior written permission of CreationSwap.

Security Rules

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, or taking any action which imposes an unreasonable or disproportionately large load on the Site's infrastructure is expressly prohibited.

Violations of these Security Rules may result in civil or criminal liability. CreationSwap will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Username and Password

You are responsible for maintaining the confidentiality of your information, username and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify CreationSwap of any unauthorized use of your registration, information, username or password.

Indemnification

By using the Services you agree to defend, indemnify and hold harmless CreationSwap from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Site and Services.

Release and Limitations of Liability

You further agree to release CreationSwap from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this Agreement.

IN NO EVENT SHALL CREATIONSWAP BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INNACURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CREATIONSWAP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN CREATIONSWAP’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES PROVIDED HEREUNDER.

Warranties

By entering into this Agreement you acknowledge that CreationSwap is simply providing products and services for free, or at times for a fee, and that it makes no warranties of any kind relating to the Site, any data on the Site, documents, or products on the Site.

Furthermore nothing on the Site shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their web site, products, technologies, services, business practices or otherwise.

CREATIONSWAP DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CREATIONSWAP IS NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE INTERNET IN GENERAL. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. CREATIONSWAP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CREATIONSWAP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of CreationSwap or the Site, Products or Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

Communications From CreationSwap

You agree that we may communicate with you even if you are not subscribed to a regular mailing. We may feel that it is necessary to communicate with you about the Site, the Services or this Agreement, and the occasional receipt of email, mail or telephone calls is not considered spam, or unsolicited communication.

Communications to CreationSwap

You may contact us HERE

If you contact, us you agree that if you have ideas regarding improvements or additions to us, we would like to hear them -- but any submission will be subject to this Agreement.

UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO CREATIONSWAP BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO CREATIONSWAP, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO CREATIONSWAP THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT CREATIONSWAP IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY CREATIONSWAP, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

General Provisions

CreationSwap makes no claims that the Content of its Site is appropriate or legal to be viewed by certain persons or in certain countries. If you access the Site or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Partial Validity: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Equitable Relief: You understand and agree that due to the nature of this Agreement, in addition to money damages, CreationSwap will be entitled to equitable relief upon a breach of this Agreement by you.

Governing Law: This Agreement is governed by the laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Orange County, California.

Entire Agreement: Except as expressly provided in a particular Legal Notice, Software License or other notices or Content published on the Site, these terms represent the entire binding Agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding CreationSwap, the Site, or Services.

Changes: CreationSwap may change the terms of this Agreement from time to time, and we recommend that you check these terms at least four times per year to verify any changes that may have taken place as the site changes, as well as the laws related to businesses like CreationSwap. You agree that your ongoing use is an agreement to the terms and conditions in effect as of the latest time that you have used the CreationSwap Site, Services or Products.

Digital Admissibility: You hereby agree that a printed version of this Agreement and of any other notice given in electronic form by CreationSwap or in the Site, which is based upon or relating to this Agreement, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.