USE OF THE The Creative Empire APPLICATIONS AND CONTENT
License. Subject to these Terms and any fees as applicable, The Creative Empire grants you a limited, non-exclusive, non-transferable, revocable right to use the The Creative Empire Applications and the Content solely for your personal, noncommercial use (e.g., viewing the Content on screen; printing paper copies for personal use or electronically saving limited portions of Content). All other rights are expressly reserved by The Creative Empire. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or The Creative Empire Applications, in any medium, without The Creative Empire’s prior written consent, (ii) alter or modify any part of the The Creative Empire Applications other than as may be reasonably necessary to use the The Creative Empire Applications for their intended purpose, (iii) alter any Content or change or remove any copyright or other proprietary notices; or (iv) install, post or distribute any part of the Content on any electronic network, including without limitation the Internet and the World Wide Web, or create a database (electronic or otherwise) using any portion of the The Creative Empire Applications or Content. Use of the The Creative Empire Applications or Content via mechanical, programmatic, robotic, scripted, spider, manual or any other automated means is strictly prohibited. Unless otherwise agreed to by The Creative Empire in writing, use of the The Creative Empire Applications or Content is permitted only via manually conducted, discrete, individual search and retrieval activities. You may not conduct any kind of systemic retrieval of data or Content from any The Creative Empire Application.
INTELLECTUAL PROPERTY OWNERSHIP
The Creative Empire or its licensors, suppliers or other designees owns all right, title and interest in and to the Content and the The Creative Empire Applications (including all materials, including but not limited to all text, logos, photographs, graphics, images, illustrations, designs, icons, photographs, databases, video, audio, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials). You shall not, and shall not permit anyone else to, reproduce, copy, distribute, publish, transmit, broadcast, sell, license or otherwise access or use all or any part of the Content or any information contained therein without the prior written consent of The Creative Empire. All The Creative Empire brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of The Creative Empire and neither they nor any confusingly similar versions may be used by you including, but not limited to as part of any trademarks and/or domain names without The Creative Empire’s prior written consent.
Downloadable mobile products. Copyright in any software that is made available for download from any The Creative Empire Application shall belong to The Creative Empire and/or our software suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with it. Do not install, download or use any software unless you agree to such license agreement.
USER SUBMISSIONS, UPLOADED INFORMATION AND CONDUCT
Forums. For the purposes of this Agreement, “Forum” means letters, comments, emails or other types of communications submitted by you or other third parties to us, our editors, Webmaster(s) or employees of The Creative Empire, and messages posted to them or to other users in connection with online seminar discussions, forums, blogs or chat-pages on any The Creative Empire Application. Forums are provided for your exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Forums that is inconsistent with those stated purposes or which is prohibited under these Terms is prohibited.
User Uploaded Information. The Creative Empire may allow you to upload or submit information, software, text, images, audio, video, and other materials to, through or on an The Creative Empire Application (“User Uploaded Information”). For example, the The Creative Empire Application may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. The Creative Empire does not endorse any User Uploaded Information and your use of any User Uploaded Information is at your own risk.
Removal. The Creative Empire undertakes no obligation to pre-screen User Uploaded Information, Forum content or Forum materials. The Creative Empire has the right, but not the obligation to monitor, move, edit modify, transmit over various networks, refuse, limit, block access to or remove User Uploaded Information, Forum content or Forum materials, and may do so at any time and for any reason in its sole discretion, including but not limited to the course of normal maintenance of the The Creative Empire Application and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on The Creative Empire; (2) protect and defend the legitimate business interests, rights or property of The Creative Empire, The Creative Empire users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of The Creative Empire guests or the public. You shall remain solely responsible for your User Uploaded Information, Posts and the content of your communications. If you object to the publication of any material placed on any The Creative Empire Application please contact The Creative Empire by sending an email to customer service [email protected] and The Creative Empire will take whatever action it deems appropriate. The Creative Empire specifically disclaims any liability with regard to User Uploaded Information and Forum content and any actions resulting from your participation in any Forum and the The Creative Empire Application. The Creative Empire cannot guarantee that individuals submitting User Uploaded Information or Forum content or otherwise participating are who they represent themselves to be, nor does The Creative Empire endorse, represent or validate, the content, accuracy or reliability of, or the statements, assertions, views or opinions expressed in, the The Creative Empire Application, Forums, and you acknowledge that any reliance upon the same shall be at your sole risk.
Under no circumstances will The Creative Empire be liable in any way for any User Uploaded Information, Posts, Forum content, that you upload, post, or otherwise make available via any of the Websites including, but not limited to, any errors or omissions in User Uploaded Information, Posts, Forum content, or for any loss or damage of any kind incurred as a result of User Uploaded Information, Posts, and Forum content.
Prohibited Uses of any The Creative Empire Application. You hereby agree that you will not use any The Creative Empire Application or Forum to:
- promote or encourage the sale of your goods/services or those of any third party;
- solicit other guests or users of the The Creative Empire Application to join or become members of any commercial online or offline service or other organization;
- disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- disseminate any material which is or may infringe the rights (including, but not limited to, intellectual property rights) of any third party or which is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or which may restrict or inhibit the use of the The Creative Empire Application and/or any of the Content by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability;
- disseminate any material which does or may bring The Creative Empire or any of its brands into disrepute or in any way damage their reputation;
- disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
- post link(s) that take users to material that contravenes any of the above restrictions;
- falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- collect in any way personal information about others, including e-mail addresses, password or other account information or use such information to send unsolicited emails, or use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the The Creative Empire Applications or other user or usage information;
- impersonate or create a false identity for the purpose of misleading others, improperly use support or complaint buttons or make false reports to The Creative Empire administrators, or engage in fraudulent transactions; or
- use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- accept payment for any uploaded information, including for User Uploaded Information, from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in the uploaded information.
- upload any User Uploaded Information owned or controlled by a third party unless you have all necessary rights and permissions to post such information and to grant the rights herein granted with respect to User Uploaded Information
If any The Creative Empire Application makes available the name, contact information, and/or any other information (“Participant Information”) concerning any sponsor, exhibitor, or attendee (each, a “Participant”) in or at any The Creative Empire trade show, conference, or other event (each, an “Event”), whether live or virtual, you may not use any of such Participant Information except for your own internal business purposes (and may not, for example, directly or indirectly resell or otherwise redistribute, or permit any third party to use, any of same), and, if you are not yourself an authorized Participant in such Event, you agree not to solicit or otherwise contact any Participant identified by such Participant Information.
License and Warranty. By uploading materials to any Forum, uploading any User Uploaded Information, or submitting any materials to The Creative Empire (“Posts”), you automatically grant (or warrant that the owner of such rights has expressly granted) The Creative Empire a perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive, transferable, worldwide, sub-licensable right and license to (a) use, distribute, reproduce, modify, adapt, publish, translate, sell, publicly perform, distribute, export, create derivative works from, disclose, post, and remove such User Uploaded Information and Posts or incorporate such User Uploaded Information and Posts into any form, medium, media, software, or technology now known or later developed, in any manner, for any purposes whatsoever, and (b) use your name, user/log-in name, likeness, biographic and other profile information about you in connection with any use of your User Uploaded Information and Posts, in each case, in whole or in part, without payment or other additional consideration of any kind, or permission or notification to you or any third party and without crediting you. By registering via a Social Sign-On, you are granting your consent for us to display the name and photograph and other information associated with your applicable third-party platform profile in connection with the display of your User Uploaded Information and Posts.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
Materials may be made available via the The Creative Empire Applications by third parties not within The Creative Empire’s control. The Creative Empire is under no obligation to, and does not, scan content used in connection with the The Creative Empire Application for the inclusion of illegal or impermissible content. However, The Creative Empire respects the copyright interests of others. It is The Creative Empire’s policy not to permit materials known by The Creative Empire to infringe another party’s copyright to remain on the The Creative Empire Applications. If you believe any materials on an The Creative Empire Application infringe a copyright, you should provide us with written notice that at a minimum contains:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Creative Empire to locate the material;
- information reasonably sufficient to permit The Creative Empire to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THIRD PARTY CONTENT; LINKING
Third Party Opinions. The The Creative Empire Applications may contain views, opinions and statements of various third party individuals and organizations. The Creative Empire neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third party or any user of the The Creative Empire Applications. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or Content available through the The Creative Empire Applications and to seek appropriate advice of professionals, as appropriate.
Linking. To the extent that any The Creative Empire Application contains links to outside services and resources (“External Sites”), The Creative Empire does not control the availability and content of those outside services and resources. These links are provided solely for your convenience. If you use these links, you leave any The Creative Empire Application. The Creative Empire does not endorse or make any representations about these third party sites, or any material found on them, or any results that may be obtained from using them. If you decide to access any of these third party websites you do so entirely at your own risk and acknowledge that these third party sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions (“External Site Terms”) that differ from the provisions which apply to the The Creative Empire Applications, and The Creative Empire is not responsible for, and expressly disclaims any and all liability for or related to, the availability of, or the content located on or through, any External Site, its External Site Terms, or any Losses (as defined in Section 9) that may arise or result from your navigation to or use of any External Sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. You may link to any page of an The Creative Empire Application subject to the following conditions:
- you do not replicate the home page of the The Creative Empire Application;
- you do not create a frame or any other browser or border environment around the The Creative Empire Application;
- you only link to freely available content (and not link to any content that is considered Content that is only made to users with a username and password);
- you do not in any way imply any endorsement by The Creative Empire other than with its written consent or misrepresent your relationship with The Creative Empire;
- you do not use any logos or trademarks displayed on the The Creative Empire Application without the express written permission of The Creative Empire; and
- the linking website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
General Information. The Content has been prepared by The Creative Empire as a service to The Creative Empire readers and the Internet community. It is provided only for general information and in not intended to address your particular requirements or to constitute any form of advice or recommendation (including, but not limited to legal advice). The Creative Empire has used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in the Content and/or on or linked to any The Creative Empire Application. Users of information on any The Creative Empire Application or links do so at their own risk and acknowledge that this information should not be relied upon in making (or refraining from making) any specific investment or other business or personal decisions (professional advice should always be obtained prior to making any such decision). In no way shall The Creative Empire be liable to you for any claims relating in any way to your inability or failure to perform any kind of research or related work or to perform such research or related work properly or completely, even if assisted by The Creative Empire, your use of the Content or your reliance on the information contained in the Content.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL The Creative Empire APPLICATIONS AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS, The Creative Empire, THE The Creative Empire PARTIES (AS DEFINED BELOW) AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) DISCLAIM AND MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED. The Creative Empire AND THE The Creative Empire PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, TIMELINESS, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE The Creative Empire APPLICATIONS, CONTENT OR THE INFORMATION THEY CONTAIN. The Creative Empire, THE The Creative Empire PARTIES AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) DO NOT MAKE ANY WARRANTY THAT ACCESS TO ANY The Creative Empire APPLICATION OR CONTENT WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, OR FREE OF VIRUSES OR ANY HARMFUL FILES, AND The Creative Empire AND, The Creative Empire PARTIES AND ANY THIRD PARTY CONTENT PROVIDER (IF APPLICABLE) SHALL NOT BE LIABLE FOR ANY DAMAGE CAUSED BY SUCH DESTRUCTIVE FEATURES. The Creative Empire AND THE The Creative Empire PARTIES DO NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY SUBSCRIPTION OR AVAILABILITY OF ANY CONTENT. THE FOREGOING DISCLAIMER OF WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL The Creative Empire OR THE The Creative Empire PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING BUT NOT LIMITED TO OTHER AUTHORIZED USERS, FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE ANY The Creative Empire APPLICATION OR ANY CONTENT AVAILABLE ON OR THROUGH ANY The Creative Empire APPLICATION. IN NO EVENT SHALL The Creative Empire’S AGGREGATE LIABILITY FOR ANY LOSSES IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR The Creative Empire TO USE ANY The Creative Empire APPLICATIONS OR CONTENT OR TO ANY USE OR EXPLOITATION OF YOUR POSTS OR RIGHTS THEREIN FOR ANY PURPOSE EXCEED US$1,000. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. REGARDLESS OF THE CAUSE OR FORM OF ACTION, YOU MAY BRING NO ACTION ARISING FROM THIS AGREEMENT MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ARISES. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW.
YOU AND The Creative Empire AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION OF EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND The Creative Empire AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.