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TERMS OF USE

Last revised on: 15th of July 2017

The Site located at http://creatixworld.com/ (the “Site”) is a copyrighted work belonging to Cloud27 LTD, British Company Number 08406336 (“CreatixWorld”, “us”, and “we”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement; to the extent such terms, guidelines, and rules conflict with these terms of use, these terms of use shall govern. 

THESE TERMS OF USE (“AGREEMENT”) SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. SERVICE

1.1. General

CreatixWorld provides an online platform that helps connect Buyers who wish to purchase designs (“Buyers”) and Contributors who wish to provide such designs (“Contributors”). “User” means any user of the Site or Service, and may be a Contributor or a Buyer. To the extent you are a Buyer, the provisions in this Agreement regarding Buyers apply to you. To the extent you are a Contributor, the provisions in this Agreement regarding Contributors apply to you. To the extent you are a User, the provisions in this Agreement regarding Users apply to you. “Sale” means the applicable sale. “IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country.

1.2. Design Projects

Contributors may list design projects (“Projects” or "Logos") for sale on CreatixWorld by creating a listing, uploading the Project (in the file format specified by CreatixWorld), and following the on-screen instructions on the Site. CreatixWorld reserves the right to remove any Projects in its sole discretion (including any Project that is similar to other Projects on CreatixWorld or other Sites, or does not meet CreatixWorld quality standards). During the time a Project is listed for sale on CreatixWorld and for up to 60 days after removal from the store, Contributor hereby grant CreatixWorld the right to market and sell the Project (and designs based on the Project). Once a Buyer purchases a Project, Buyer may request (in which case the Contributor must provide) customizations to the Project for the purposes of inserting Buyer’s brand name, or new text or making minor customizations to the Project itself. The customization service will be provided by the Contributor directly to the Buyer, outside the CreatixWorld Site.

Each Project can have one or two different prices: “Standard License Price” and “Exclusive License Price”. A project must have at least the “Standard License Price”.

 1.3. Invoice Service

For each Contributor’s Project sold throughout the CreatixWorld Site, we will generate and send an invoice to the Buyer. A separate invoice will be generated for the Contributor when he/she requests a Payout Service.


2. LICENSE/ASSIGNMENT

2.1. Assignment

This clause will apply if a Buyer has purchased a Project from CreatixWorld Site. Upon receipt of payment for the sold Project in the form of CreatixWorld currency, the selling Contributor hereby assigns to Buying all right, title and interest in and to the sold Project. The Contributor cannot use the Sold Project for its own purposes or sell or license the sold Project to any other person or organization.

2.2. Standard License Terms

If a Buyer purchased a Project after selecting the “Standard License Price” option on the CreatixWorld Site, the Project will be available for purchase for other Buyers and the relevant Contributor grants the Buyer a non-transferable, perpetual, non-exclusive license to use that Project for commercial purposes. There is a fixed price of $50 for "Standard License Price".

The Standard License entitles the Buyer to use, change and reproduce the Project for commercial purposes and production runs up to a combined total of 250,000 units (digital and/or hard copy)This limitation does not prevent the Buyer from being hired, contracted or engaged by a third party to incorporate the Project in various items, provided that the third party will not allow any of those items to be resold or made available to anyone else for money or any other consideration. The Buyer will be responsible for the third party's use of the items in such circumstances.

The Buyer must not:

a. sell, rent, lend, assign, transfer, distribute or try to sub-license or allow any other person to use the Project for any purpose except as expressly permitted in this clause;

b. use the Project in a way where there is potential for the file embodying the Content to be downloaded, copied in any way or extracted, reinstated or restored by a third party;

c. incorporate the Project directly in any product that will be available for re-distribution or re-use of the Project (such as flash web sites, web templates, design template applications etc.) or otherwise make the Project available in a manner such that a person can extract or rip or reproduce the Project in its electronic form;

d. use the Project in any obscene, immoral, unlawful, infringing or defamatory manner or in a way that may bring any person or property into disrepute;

e. use the Project or any part of the Project in any way that competes with CreatixWorld, or in business in any media format or in any situation that we regard as being a conflict of interest between us and the Buyer or the use of the Project;

f. resell the Project in any format (including any that will allow a third party access to the Content in a digital format (eg. Ai, indd, PSD, EPS, PDF, PNG, JPG etc); or

g. register the purchased Project as a trademark or service mark with any government authority, nor prevent CreatixWorld, the selling Contributor, or any third party from selling, licensing, or using the sold Project.

If a Project contains any ready-made design elements, but only if the Contributor paid for them (design elements that a Contributor can use include (but are not limited to) stock images, vectors or illustrations, fonts, illustrations included in dingbat/ornament typefaces)) the copyrights of that ready-made design element belongs to its owner from the Site or marketplace from where the Contributor purchases the element(s) and uses it in the project(s).

For the purposes of this clause, the Buyer will still be considered to have made the Project available in a manner that allows it to be extracted, reinstated, restored, ripped or reproduced by another person, even if the Buyer have encoded, encrypted or locked the Project or the file embodying it.

If the Buyer wish to allow more than one person in its organization to use the Project, resell a product that uses or contains the Project, or make a print or production run using the Project exceeding 250,000 units, the Buyer must purchase an Exclusive License Price. Note that Exclusive License Prices may not be available for all Projects.

2.3. Exclusive License Terms

If a Buyer purchased a Project after selecting the “Exclusive License Price” option on the CreatixWorld Site, the Project will no longer be available for purchase for other Buyers and the relevant Contributor grants the Buyer a transferable, perpetual, exclusive license to use that Project for commercial purposes. The Buyer will hold the copyrights of that project, excluding any ready-made elements. 

CreatixWorld will automatically delete from the Site each project that was purchased on Exclusive License Price and the Contributor guaranteed that the Project is not for sale on any other website or marketplace, it is exclusively for purchase on CreatixWorld Site. If the project was sold previously as “Standard License Price” to another Buyer, the “Exclusive License Price” will no longer be available for that Project. The Buyer of an Exclusive License Price held the guarantee that he/she is the only Buyer of that Project and the Project will no longer be available for sale to other Clients after the Buyer purchase the Project. Note that Exclusive License Prices may not be available for all Projects.

The Exclusive License entitles the Buyer to use, change and reproduce the Project for commercial purposes and production in unlimited units (digital and/or hard copy). This limitation does not prevent the Buyer from being hired, contracted or engaged by a third party to incorporate the Project in the various items, provided that the third party will not allow any of those items to be resold. The Buyer will be responsible for the third party's use of the items in such circumstances.

The Buyer must not:

a. sell, rent, lend, assign, transfer, distribute or try to sub-license or allow any other person to use the Project for any purpose except as expressly permitted in this clause;

b. use the Project in any obscene, immoral, unlawful, infringing or defamatory manner or in a way that may bring any person or property into disrepute;

c. use the Project or any part of the Project in any way that competes with CreatixWorld, or in business in any media format or in any situation that we regard as being a conflict of interest between us and the Buyer or the use of the Project;

d. resell the Project in any format (including any that will allow a third party access to the Content in a digital format (eg. Ai, indd, PSD, EPS, PDF, PNG, JPG etc); or

e. register the purchased Project as a trademark or service mark with any government authority, nor prevent CreatixWorld, the selling Contributor, or any third party from selling, licensing, or using the sold Project. This is applicable only if the Project contains any ready-made design elements (design elements that a Contributor can use include (but are not limited to) stock images, vectors or illustrations, fonts, illustrations included in dingbat/ornament typefaces)) the copyrights of that ready-made design element belongs to its owner from the Site or marketplace from where the Contributor purchases the element(s) and use it in the project(s).

The Buyer is allowed to register the purchased Project as a trademark or service mark with any government authority ONLY if the Project do not contain any ready-made design elements and the Contributor gives its written consent that the Project is created exclusively by him/her. The written consent must be given directly to the Buyer and the Buyer has the rights to settle a legal agreement between him/her and the Contributor.

For the purposes of this clause, the Buyer will still be considered to have made the Project available in a manner that allows it to be extracted, reinstated, restored, ripped or reproduced by another person, even if the Buyer have encoded, encrypted or locked the Project or the file embodying it.

2.4. Representations and Warranties

If a Project CONTAINS any ready-made element(s) and the Buyer would like to hold the entire copyrights of a Project, the Buyer will have to purchase separately the ready-made element and its Copyrights from the third party Site provided by the Project’s Contributor. If a Project DOES NOT CONTAINS any ready-made element(s), the selling Contributor represents and warrants that the sold Project does not contain any ready-made licensed from a third party. Selling Contributor will indemnify and hold Buyer harmless, including costs and attorneys’ fees, from any third party claim arising out of a breach by the selling design of the foregoing warranty or any third party claim that the sold Project infringes/misappropriates such party’s ready-made elements.

2.5. Report

This clause will apply if a visitor of CreatixWorld Site noticed a License and/or Copyright violation on a Project. This report includes, but is not limited to, graphic elements or concepts that have been used, copied or reproduced by a Contributor in its project without informing the Buyer about the source, License and Copyrights on that content.

3. PAYMENT TERMS

3.1. Payments

Upon a purchase, the Buyer will pay the Project price to CreatixWorld and CreatixWorld will pay the Contributor the Contributor’s Fee. The “Buyer Payment” means the Standard License Price or Exclusive License Price listed for each Project. The “Contributor Fee” means the share of each Project’s price. For each project sold, the Contributor's Share will be 65% from the sale price. CreatixWorld will pay the PayPal transfer fees, so the Contributor will receive the full share.

When a Buyer made a purchase on CreatixWorld.com, he/she will receive instant an E-mail containing links to: artwork files, invoice and copyrights. The availability of the links is for 60 days starting from the date of purchase.

All payments are processed securely by PayPal. We do not store credit card details nor do we share customer details with any 3rd parties.

3.2. Delivery

All purchases on CreatixWorld.com do not required a hard copy to a physical delivery address. All purchases are digitally and include: archived .zip artwork files, invoice and the legal terms.

3.3. Refund/Cancelation Terms

We can fully refund only purchased projects that have not been downloaded from the CreatixWorld.com server. If you have made a purchase on CreatixWorld by mistake or you have changed your mind and you want to cancel the purchase and you haven’t downloaded the files by clicking on the links provided to you in the “purchase E-mail”, please send us E-mail with the order number to sales@creatixworld.com and we'll do our best to send you a refund. If a Buyer has already downloaded the files from the CreatixWorld.com server, we can no longer offer a refund.

If a Buyer purchased a project from CreatixWorld.com and noticed a corrupt, wrong or blurry image or artworkfile, he/she must send us e-mail with the order number and project's name to sales@creatixworld.com and we will send a full refund and we will re-evaluate the project.

3.4. General Payment Terms

The Contributor Fee will be paid to the selling Contributor in USD ($). As a Contributor, you may at any time request a payout. Any such payments will be subject to any minimum or maximum withdrawal amounts set by CreatixWorld, may be subject to reasonable withholdings to address charge-backs and refunds, and be made via the payment method specified by CreatixWorld from time to time. CreatixWorld is not an escrow service and does not hold property on behalf of any person. All amounts deposited or paid to CreatixWorld are property of CreatixWorld and CreatixWorld may use those funds as it sees fit. The only rights that you have to receive payment of any amounts held by CreatixWorld are as set out in this Section 3.4.

You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any sold Project via the Site or your provision of design services that are the subject of an invoice issued by CreatixWorld. CreatixWorld is not responsible for collecting, reporting, paying, or remitting to you any such Taxes. “Taxes” means any applicable duties, sales taxes, GST, VAT or other taxes, which may be levied in respect of a transaction contemplated by this Agreement. The Contributors must pay all the Taxes requested by the law of the Country he/she is resident of.

4. IMPORTANT DISCLAIMERS AND RELEASE

4.1. DISCLAIMER

WE MAKE NO WARRANTIES REGARDING THE DESIGN CONCEPTS, PROJECTS, ANY OTHER PRODUCTS OR SERVICES PROVIDED BY CONTRIBUTORS, BUYERS, AND EACH OF THE FOREGOING ARE PROVIDED BY US “AS IS”. SELLING CONTRIBUTORS SELL AND BUYERS BUY SOLD DESIGNS AT THEIR OWN RISK. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OTHER USER. YOUR INTERACTIONS WITH OTHER USERS ARE SOLELY BETWEEN YOU AND SUCH USER AND CREATIXWORLD WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY USER, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED. NOTWITHSTANDING THE FOREGOING, CREATIXWORLD WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICES DESCRIBED IN THIS AGREEMENT. THE FOREGOING DISCLAIMER SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS IN SECTIONS 12 AND 13.

4.2. RELEASE

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and release, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions or transactions with, or act or omission of, other Users, including Buyers and Contributors and Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

5. ACCOUNTS

As a Buyer, in order to buy a Project you don’t have to register for an account on CreatixWorld Site. As a Contributor, in order to sell a Project, you must register for an account with CreatixWorld and provide certain information about yourself as prompted by the Site registration form. A contributor can also purchase Projects from CreatixWorld Site. Both Buyers and Contributors represent and warrant that: (a) all required registration information submitted by each individual is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by accessing the “Account Settings” Page on your Profile. As a Contributor, you are responsible for maintaining the confidentiality of your Account login information and you are fully responsible for all activities that occur under your Account. You agree to immediately notify CreatixWorld of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. CreatixWorld cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Contributors may not have more than one Account.

6. USER CONTENT

6.1. Your User Content

“User Content” means any and all information and content that a User submits to, or uses with, the Site or Services. User Content includes Design Concepts, Projects, and reviews and/or testimonials (“Reviews”). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by CreatixWorld. Because you alone are responsible for your User Content (and not CreatixWorld), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. CreatixWorld is not obligated to remove any Design Concepts, Projects, or Reviews from the Site unless required by applicable Law. CreatixWorld is not obligated to backup any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.

6.2. License to User Content

You hereby grant, and you represent and warrant that you have the right to grant, to CreatixWorld an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. For the avoidance of doubt, selling Contributors license or assignment of the sold Project to the Buyer is set forth in Section 2 above and is not governed by the foregoing license.

7. ACCEPTABLE USE POLICY

The following sets forth CreatixWorld’ “Acceptable Use Policy”:

7.1. Privacy

You agree that you will only use the personal information of other Buyers or Contributors made available to you only for the purposes of interacting with them in relation to the Services. You must not use their personal information for any other purpose, including for marketing purposes. You represent and warrant that you will comply with applicable privacy laws and data protection laws in relation to the storage, use and transfer of personal information.

7.2. User Content

You agree not to use the Site or Services with any User Content or to provide any products or services that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) is in violation of any Laws, or obligations or restrictions imposed by any third party.

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

7.3. Use Restrictions

You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Site.

8. SITE

8.1. License

Subject to the terms of this Agreement, CreatixWorld grants you a non-transferable, non-exclusive, license to use the Site and Services (excluding the Design Concepts and Projects) for your internal business purposes. For the avoidance of doubt, selling Contributors license or assignment of the sold Project to the Buyer is set forth in Section 2 above and is not governed by the foregoing license.

8.2. Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof. CreatixWorld reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that CreatixWorld will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof. You acknowledge and agree that CreatixWorld will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

8.3. Feedback and Rating

If you provide CreatixWorld any feedback and/or rating, or suggestions regarding the Site or Services (“Feedback”), you hereby assign to CreatixWorld all rights in the Feedback and agree that CreatixWorld shall have the right to use such Feedback and related information in any manner it deems appropriate. CreatixWorld will treat any Feedback you provide to CreatixWorld as non-confidential and non-proprietary. You agree that you will not submit to CreatixWorld any information or ideas that you consider to be confidential or proprietary.

8.4. Ownership

Each User owns its own User Content. Excluding your User Content, you acknowledge that all the IPR in the Site and Services are owned by CreatixWorld or CreatixWorld’ licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR. CreatixWorld and its suppliers reserve all rights not granted in this Agreement.

9. INDEMNITY

You agree to indemnify and hold CreatixWorld (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content (including your Projects and Reviews), (iii) your interaction with any other User, or (iv) your violation of this Agreement or any applicable laws. CreatixWorld reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of CreatixWorld. CreatixWorld will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. THIRD PARTY SITES & ADS

The Site might contain links to third party Sites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of CreatixWorld and CreatixWorld is not responsible for any Third Party Sites & Ads. CreatixWorld provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.

11. TERMS AND TERMINATION

Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our live databases; however we reserve the right to continue to use your User Content. CreatixWorld will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2, 4, 6, 7, 8 (excluding Section 8.1), 9, 10, 12, 13, and 14.

12. DISCLAIMERS

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

13. LIMITATION ON LIABILITY

IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

14. GENERAL

14.1. Changes to Terms of Use

This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

14.2. Governing Law - Dispute Resolution

a. If you are located in the United States, the following applies to you. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and CreatixWorld arising under or related in any way to this Agreement, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the CreatixWorld Site and Service.

YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CREATIXWORLD ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND CREATIXWORLD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

b. If you are located in United Kingdom or elsewhere in the world, this Agreement is governed by, and must be construed in accordance with, the laws of the United Kingdom and the parties irrevocably submit to the exclusive jurisdiction of the courts of United Kingdom and their Courts of Appeal.

14.3. Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to CreatixWorld is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CreatixWorld’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

15. CONTACT

If you have concerns relating to this Agreement, please contact CreatixWorld at privacy@creatixworld.com.

16. ACKNOWLEDGEMENT

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