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.
Please note that CreationSwap® may revise this Agreement at any time by updating this Agreement on its website. You should visit this page periodically to review this Agreement, as it is binding upon you.
How We Charge You For Content
Our Standard Service is free, but you may purchase Paid Content in single transactions. When you purchase Paid Content in single transactions, your credit card will be immediately charged for the amount of the Paid Content. The total cost of the Paid Content does not include all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, which if are required in your jurisdiction, you are responsible for paying. Again, all purchase orders for Paid Content are final and cannot be refunded.
How We Charge You For the Premium Service
Our Premium Service is offered on a paid subscription basis. There are two different ways to pay for the Premium Service subscription: a monthly fee that is charged each month (the "Monthly Plan"), or a yearly fee that is charged each year (the "Yearly Plan"). Please note that both the Monthly Plan and Yearly Plan have a commitment requirement of one year. This means you cannot cancel your plan for the entire year after you sign up. This also means that you are responsible for the payments for that entire year. After the end of the year, you may cancel the plan by contacting us here. CreationSwap® will not issue refunds.
If you sign up for the Monthly Plan, your subscription to the Premium Service will automatically renew each month for a fee until either you or CreationSwap® terminate the Premium Service. Likewise, if you sign up for a Yearly Plan, your subscription will automatically renew each year for a fee until either you or CreationSwap® terminate the Premium Service.
You specifically acknowledge that the Premium Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. To be clear, if you select the Monthly Plan for the Premium Service, the Monthly Plan will be automatically extended for successive periods of one month. If you select the Yearly Plan for the Premium Service, the Yearly Plan will be automatically extended for successive periods of one year. As such, your payment method will be automatically charged at the then-current subscription rate for each successive period of either one month (for the Monthly Plan) or one year (for the Yearly Plan). Please note that if you sign up for a subscription for the Premium Service, we will submit the charges to the payment method you used to set up without further authorization from you, until you cancel the Premium Service, or change your payment method. Such notice will not affect charges submitted before CreationSwap® reasonably could act.
If, for any reason, the fee for the Premium Service is not paid on the date it is due, CreationSwap® shall cancel your access to the Premium Service. CreationSwap® will not be responsible for any costs, expenses, or liabilities arising out of or related to the cancellation of your Premium Service for this reason.
We offer consumers the ability to download artwork, graphics, movies, slides, films, audio content, music, designs and other creations ("Content") for free or for a fee online. CreationSwap® offers two tiers of Services to consumers: the "Standard Service" and the "Premium Service." The Standard Service is free, and the Premium Service offers additional features for a fee.
Owners of Content ("Content Providers") are solely responsible for their Content. Therefore, CreationSwap® is not able to guarantee any of the Content that is available on the Site. If any Content is believed to be, or alleged to be, infringing of any third-party rights, CreationSwap® reserves the absolute right to remove, block, and/or refuse to publish such Content immediately and without notice. Moreover, CreationSwap® may suspend the Services, remove the Site, or otherwise discontinue any portion of any part of the Site and/or Services at any time for any reason. CreationSwap® may also remove any user for any reason, and block that user indefinitely from use of the Site and Services.
Content Providers may offer free Content (the "Free Content"), or Content that is available for a fee (the "Paid Content"). Subscribers to the Standard Service ("Standard Service Subscribers") may purchase the Paid Content in single transactions. Subscribers to the Premium Service ("Premium Service Subscribers") shall have unlimited access to both the Free Content, the Paid Content, and premium content that is available only to Premium Service Subscribers (the "Premium Content").
Content Providers of the Paid Content shall receive 100% of the entire purchase price of the Paid Content, minus CreationSwap®'s transaction fees of 6.65% + $0.40 per transaction. Content Providers shall receive a share of CreationSwap®'s monthly Premium Service subscription revenue and revenue from LiveSwap® users who export CreationSwap® Premium Content or Paid Content (collectively, the "Content Provider's Share"), which varies and is dependent on the number Premium Subscriber downloads of the Content Provider's Paid Content. Duplicate downloads of Paid Content, defined as the same piece of Content downloaded by the same Premium Subscriber, will not be calculated in the Content Provider's Share.
The Content Provider's Share is calculated as follows:
$ Paid Per Item = Subscription revenue weighted by type X Premium content percent payout by type X (Downloads of "for sale" item / Total number of premium downloads of "for sale" content by type).
Premium Content Percentage Payouts:
40% Mini Movies
Content offered at-will:
Content on the Site is offered at will by the Content Provider, and as such, the Content Provider may take down or cease to offer his or her Content at any time, for any reason. In addition, CreationSwap® reserves the right, in its sole discretion, to remove Content from the Site at any time, for any reason, including violation of third-party intellectual property rights or non-compliance with CreationSwap®'s Terms of Service. Therefore, Content available one day on the Site and through the Service may not be available the following day.
All Sales Final; Downloading and Risk of Loss; Availability of Digital Content:
All sales of Content are final. We do not accept returns of Content. Once you have purchased the Content, we encourage you to download it promptly and to make back-up copies of it. If you are unable to complete a download of the Content after having reviewed our online help resources, please contact support. You bear all risk of loss after purchase and for any loss of Content you have downloaded, including any loss due to a computer or hard drive crash. Again, we may, from time to time, and in our sole discretion, remove Content from the Service without notice to you.
Our Content is protected under copyright law and is embedded with reasonable measures to prevent unauthorized copying and distribution. Content Providers may strictly enforce breach of the copyrights and/or circumvention of security measures. We ask that all users respect Content Providers and their Content by not violating their rights and this Agreement.
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 (the "Profile"). Profiles are governed by this Agreement, as well as the User License, 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 are over the age of 18, 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 Services and Site, including but not limited to text, graphics, images, logos, buttons, icons, software and other materials and the overall "look" and "feel" of the Site, are the sole property of CreationSwap®, and are protected patents, copyrights, trademarks, and service marks of Creationswap® (the "Creationswap® IP"). The Content and all other product and service marks are the trademarks and copyrights of their respective owners. Unauthorized use of the Creationswap IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the Creationswap IP except as permitted under CreationSwap®'s User License. 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.
Acceptable Use of the Site
The Site and Services are intended for individuals that are downloading Content. 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 or Services for any purpose or in any manner that is prohibited by this Agreement, CreationSwap®'s License Agreement, or by applicable law. It is your responsibility to ensure that your use of the Site and the Services comply 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 of your jurisdiction regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree that you will NOT:
- Use the Site or Service if you are under the age of 18.
- 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, a CreationSwap® 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.
- 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 Site 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.
- Incorporate data or Content from our Site or Services into any email or "white pages" products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
- Sell, distribute, or make any commercial use of the Content.
- 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.
Engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser.
- 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 Site 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 this Agreement.
- Access the Site 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 Content 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 Site and/or 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 this Agreement. 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.
Users are invited to post information and Content to their Profile subject to the following limitations:
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 18 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 CreationSwap® 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, email addresses, or any personal information about yourself or another person or entity.
- Any URLs or advertisements.
- Any photographs containing nudity.
Please read Acceptable Use above for additional terms and conditions regarding your use of CreationSwap®'s Site and Services.
Please note that the information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, or products or services for which CreationSwap® assumes no responsibility or liability. By using the Site and Services, you agree that you shall not hold CreationSwap® liable for the Content or Profiles of others.
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.
Monitoring & Security
CreationSwap® has no obligation to monitor the Site, or prevent parties not under CreationSwap®'s control from obtaining information about you. You acknowledge and 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.
While CreationSwap® takes the security of its Site and Services very seriously, it cannot ensure or guarantee the security of the Site and Services. It is therefore recommended that the Site and Services not be used for the transmission of confidential information. Any such use shall be at your sole risk, and CreationSwap® and its affiliates and related companies shall be relieved of all liability in connection therewith.
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 making purchases or other transactions through the Site or Services, you may also be asked by the Merchant or information or service provider to supply certain information, including credit card or other payment 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.
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. You understand and agree that we have no obligation to share revenue generated by advertising with you or any user.
Advertising on the site is "as is" and without warranty of any kind. You understand that the advertiser is wholly responsible for the content of any advertisement, and you agree that you 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 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®.
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 username and password, whether or not authorized by you. You agree to immediately notify CreationSwap® of any unauthorized use of your information, username or password.
By using the Site and 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, SERVICES 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.
By entering into this Agreement you acknowledge that CreationSwap® is simply providing the Site and Services for free, or at times for a fee, and that it makes no warranties of any kind relating to the Site and Services, any data or Content on the Site, any data or Content available through the Services, and documents or products on the Site.
Furthermore, nothing on the Site or Services 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, SERVICES 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 THE SITE, SERVICES AND THE INTERNET IN GENERAL. THE SITE, SERVICES 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 SITE, 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 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.
CreationSwap® makes no claims that the Content, Site and Services are 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.
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.
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.
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.
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.
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 or Services.
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.