Through The Kreativ Co. service, The Kreativ Co. provides companies and individuals with content, software and services to publish posts to their social media accounts (the “Services”). The following Terms and Conditions govern all use of the Services and all content, services and products available at or through The Kreativ Co.’s website (taken together, the Website).
The Website and Services are offered subject to your acceptance without modification of all of the Terms and Conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Website by The Kreativ Co. (collectively, the “Agreement”).
By posting updated versions of the Agreement on the Website, or otherwise providing notice to you, The Kreativ Co. may modify the terms of this Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on The Kreativ Co. website. Your continued use of the Services will constitute your acceptance of the variation to the Agreement. The Kreativ Co. will use reasonable efforts to make you aware of any changes to the terms of this Agreement. Please read this Agreement carefully before accessing or using the Website.
By accessing or using any part of the website, you agree to become bound by the Terms and Conditions of this Agreement. If you do not agree to all the Terms and Conditions of this Agreement, then you may not access the Website or use any Services. If these Terms and conditions are considered an offer by The Kreativ Co., acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
If you create a social media account, you are responsible for maintaining the security of your account and linked social media accounts, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your social media accounts.
You must immediately notify The Kreativ Co. of any unauthorized uses of your account or any other breaches of security. The Kreativ Co. will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you operate and post material to your social media accounts or otherwise make (or allow any third party to make) material available by means of the Services (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content.
That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content or graphic materials to The Kreativ Co. to make use of its Services, you grant The Kreativ Co. a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content and materials solely for the purpose of displaying, distributing and promoting your Content on your own social media accounts.
Without limiting any of those representations or warranties, The Kreativ Co. has the right (though not the obligation) to, in The Kreativ Co.’s sole discretion (i) refuse or remove any client that, in The Kreativ Co.’s reasonable opinion, violates any Kreativ Co. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website and service to any individual or entity for any reason, in The Kreativ Co.’s sole discretion. The Kreativ Co. will have no obligation to provide a refund of any amounts previously paid.
We may require a credit card to ensure we’re able to bill you for our services should you decide to continue using them after your first month. If you decide to cancel, we will reimburse you within 5-10 days.
General Terms: By signing up for one of our plans you agree to pay The Kreativ Co. the monthly or annual fees indicated for that plan. Payments will be charged on a pre-pay basis on the day you sign up for the plan and will cover the use of that service for a monthly or annual subscription period as indicated.
Cancellation and refunds: Plans can be canceled by you at any time on 30 days’ written notice to The Kreativ Co. Any one-off, service, customisation, monthly or yearly fees paid are not refundable. Exclusively for services where a “30 days guarantee” is explicitly offered, fees are refundable only within 30 days from your first payment to The Kreativ Co.. The Kreativ Co. reserves the right to change the payment terms and fees upon 30 days prior written notice to you.
Automatic Renewal: Unless you notify The Kreativ Co. before the end of the applicable subscription period that you want to cancel the service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for the service (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Support: The Kreativ Co. service includes access to email support and, for certain services, phone support. “Email support” means the ability to make requests for technical support and assistance by email at any time (with reasonable efforts by The Kreativ Co. to respond within one business day) concerning the use of the Services.
License: The Kreativ Co. hereby grants you a worldwide non-exclusive, personal, non-assignable license to use the Services for the duration of this Agreement, exclusively in the conditions hereunder.
The Kreativ Co. cannot review all of the material, including computer software, posted to its customers’ social media accounts, and cannot therefore be responsible for that material’s content, use or effects. The Kreativ Co. disclaims any responsibility for any harm resulting from the use by users of our services or your linked social media accounts, or from any downloading by those users of content there posted. You are still responsible for all content posted to your social media accounts.
As The Kreativ Co. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by The Kreativ Co. in a social media post violates your copyright, you are encouraged to notify The Kreativ Co. The Kreativ Co. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Kreativ Co. will terminate a customer’s access to and use of the Website if, under appropriate circumstances, the customer is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Kreativ Co. or others. In the case of such termination, The Kreativ Co. will have no obligation to provide a refund of any amounts previously paid to The Kreativ Co.
This Agreement does not transfer from The Kreativ Co. to you any The Kreativ Co. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Kreativ Co. The Kreativ Co., The Kreativ Co. logo, and all other trademarks, service marks, graphics and logos used in connection with The Kreativ Co., or the Website are trademarks or registered trademarks of The Kreativ Co. or The Kreativ Co.’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Kreativ Co. or third-party trademarks.
The Kreativ Co. retains all right, title and interest in and to the Site, Services, and any derivatives thereof, including any Intellectual Property Rights contained and/or made available therein or in connection thereto (collectively, “The Kreativ Co. IP”). As used herein, “Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All use of The Kreativ Co. IP shall inure to the benefit of The Kreativ Co., and you shall not: (i) contest, or assist others to contest, our rights or interests in and to The Kreativ Co. IP or the validity of our rights in and to The Kreativ Co. IP and all applications, registrations or other legally recognized interests therein, or (ii) seek to register, record, obtain or attempt to pursue any Intellectual Property Rights or other proprietary rights or protections in or to said The Kreativ Co. IP. All rights in The Kreativ Co. IP which are not expressly granted herein are reserved by The Kreativ Co.. You hereby agree to assign and do assign to The Kreativ Co. any modifications or derivative works of any Services made by you in contravention of the foregoing limitation.
The following conditions also apply:
If you wish to terminate this Agreement or your Kreativ Co. account (if you have one), you may simply contact The Kreativ Co. and request a cancellation of your account. Notwithstanding the foregoing, if you have purchased an account, your account can only be terminated by The Kreativ Co. if you materially breach this Agreement and fail to cure such breach within thirty (30) days from The Kreativ Co.’s notice to you thereof; provided that, The Kreativ Co. can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. The Kreativ Co. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Kreativ Co. nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will The Kreativ Co., or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to The Kreativ Co. under this Agreement during the twelve (12) month period prior to the cause of action. The Kreativ Co. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Website will be in strict accordance with the The Kreativ Co. Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless The Kreativ Co., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire Agreement between The Kreativ Co. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Kreativ Co., or by the posting by The Kreativ Co. of a revised version. The Agreement shall be governed by, interpreted and construed in accordance with US law. The parties irrevocably agree that the courts of The United States of America shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims) save that The Kreativ Co. has the express right (at its sole discretion) to bring an action against you in a court or courts where you are resident, have your principal place of business or central administration. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Kreativ Co. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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