TERMS OF USE

Last Update: APRIL 10, 2024

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Creaitiv Inc. ("Company", “we”, “us”, or “our''), concerning your access to and use of our web platform named Crait (as well as website, any other media form, web application, media channel, web-based platform, mobile website or iOS, Android or Huawei App Gallery mobile application related, linked, or otherwise connected thereto) including the services offered on such platform (hereinafter collectively the “Platform” or “Site”). You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in the Platform are protected by applicable copyright and trademark law.

Accepting these Terms creates an important legal agreement between you and CREAITIV INC. with legal consequences. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

  1. PLATFORM OWNER 

  1. The Platform is owned by Creaitiv Inc., a private company established at Delaware 651 N Broad St, Suite 201, Middletown, 19709, New Castle, USA

Company contact data is as follows;

E-mail: hey@crait.it 

  1. As the owner of the Platform, we reserve the right to change, modify, or remove the contents of the Platform at any time or for any reason at our sole discretion without notice and otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform. However, we have no obligation to update any information on our Platform. We also reserve the right to modify or discontinue all or part of the Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Platform.  

  1. SPECIAL NOTICE FOR INTERNATIONAL USE AND EXPORT CONTROLS

  1. As stated above, Creaitiv Inc. is founded in and performs its business in and according to the laws of the State of Delaware, USA. Accordingly, recognizing the global nature of the Internet, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable to their use of the Platform and Creaitiv Inc. services, including as it concerns online conduct and acceptable content.

  2. Any software made available in connection with the products and services provided by Creaitiv Inc. to members and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Platform or otherwise exported or re-exported in violation of U.S. export laws. 

  1. PLATFORM REGISTRATION AND USE

    1. You may not use the Platform and may not accept the Terms if (a) you are not of legal age or otherwise not legally competent to form a binding contract with Creaitiv Inc., or (b) if you are below the age of 18, if your parent or legal guardian does not provide written consent for your acceptance of the Terms, or (c) you are a person barred from using the Platform under the applicable laws of the United States of America or other countries including the country in which you are resident or from which you use the Platform. Specifically, the Platform is intended for users who are at least 13 years old. Persons under the age of 13 are not permitted to use or register for the Platform without their parent’s/legal guardians’ written consent. And by registering you represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and you are not listed on any U.S. government list of prohibited or restricted parties.

    2. If you are using the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).

    3. In order to access certain Services provided in the Platform you are required to provide certain information (such as user name, email, etc.) as part of the registration process for the Platform. Any registration information you give to Creaitiv Inc. shall always be accurate and up to date and you shall be responsible for informing us promptly of any updates thereof. 

    4. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

    5. We reserve the right to remove, reclaim, or change a user name you select if we determine, in our sole discretion, that such user name is inappropriate, obscene, or otherwise objectionable.

    6. Hereinafter, any person who is registered to the Platform shall be referred to as “Member” whether this person registers himself/herself or via his/her employer who is also a Member. Due to the nature of the Platform, it may only be used by registered Members.  Any person who accesses the website  https://www.crait.it shall be referred to as “User”. 

    7. Member credentials (such as passwords, email, or user name) are intended to be used by you and identify you. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other persons from using your credentials.

    8. As a result of your Platform registration, we may send you certain notifications or communications in connection with your use of the Platform (e.g., in order to verify user identity). These notifications and/or communications may be sent to the email registered to the Platform.  

    9. The Platform gives you the option to delete your account. Deleting your account will stop all services you receive on the Platform, and permanently delete all the data you have uploaded to the Platform, including any specific Creaitiv Inc. content and profile information. However, please be aware that due to your interactions with other Members on the Platform, some information, like messages you sent to another Member or visuals you uploaded to the Platform may still be visible after you delete your account. Once you delete your account, there is no going back. Please be certain. We will be sorry to lose you. 

    10. Crait uses artificial intelligence to provide Members the ability to create unique and most targeting marketing designs. Only team Members are allowed to view and access Crait Member Content, by accepting these Terms, you specifically agree to and accept the conditions applicable to Crait Member Content as set out below.

  2. PLATFORM PRIVACY AND TRACKING, INTERNET COOKIES POLICY

    1. We care about data privacy and security. The use of this Platform and any of its forms, and registered services, requires the acceptance of the processing of User (or Member) data, with Creaitiv Inc. being the data controller, for purposes that include: the provision of the Platform and the service to Members, the collection of access data of Members, and the delivery of commercial communications by electronic means in certain cases to Members. For more information and data protection rights of Members, please review our Platform privacy policy here.

    2. Our website https://www.crait.it uses first and third-party cookies for several purposes including user analytics. Please read our website cookies policy carefully to find out how cookies are used, configured, and rejected. Our cookies policy is available by clicking here.

    3. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that unless otherwise stated, the Platform and all its contents are hosted in servers located primarily in the USA Region, and Creaitiv Inc. is a US-based company and has unrestricted access to these data. If you access the Platform from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States of America, then through your continued use of the Platform, you are transferring your data to the United States of America, and you agree to have your data transferred to and processed in the United States of America.

    4. We also provide you with access to or transfer your personal data at your written request, provided that we aren’t legally restricted from doing so or otherwise prevented from doing it due to circumstances beyond our reasonable control. Please relate your request for access to or transfer of personal data to privacy@crait.it.

  3. INTELLECTUAL PROPERTY RIGHTS 

    1. Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, Platform designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. 

    2. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

    3. Creaitiv Inc. accepts and declares that any intellectual property rights on designs, audio, video, text, photographs, and graphics that are created by the Member using Crait Platform shall be the Member and/or his/her employer. The relationship between any person Member and his/her employer who registers the Platform and has the Member registered shall be regulated between their own employment agreement including the intellectual property rights herein.

    4. Creaitiv Inc. does not guarantee that the outputs that you created using the Platform will not violate any intellectual or moral rights of a third party due to the outputs being the results of your prompts and/or uploads to the Platform. It is the Member’s responsibility to check and be sure that the outputs do not violate any third party’s right before use. 

    5. Member accepts and declares that the designs, audio, video, text, photographs, and graphics he/she uploaded to the Platform shall not violate any other person and/or entity’s intellectual property right including but not limited to trademark, design, copyright, etc. the Members also declares that designs, audio, video, text, photographs, and graphics shall not violate any other person’s personal data. 

    6. In the event that Creaitiv Inc. receives a request and/or complains about one of the violations listed in article 5.4, the Member will be notified immediately and the Member will keep the Creaitiv Inc. free from these requests by directly participating in the process. 

    7. The Member agrees and declares that in the event of one of the violations listed in 5.4, the membership may be terminated immediately unilaterally by Creaitiv Inc., and agrees and declares to compensate any damages incurred by Creaitiv Inc. due to this violation.

  4. CONFIDENTIALITY 

    1. Our communications to you and our Platform may contain Creaitiv Inc. confidential information. Creaitiv Inc.’s confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Creaitiv Inc.'s prior written consent. 

    2. Creaitiv Inc. confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose Creaitiv Inc. confidential information only when compelled to do so by law if you provide us reasonable prior notice unless a court of applicable jurisdiction orders that we do not receive notice.

  5. MEMBER GENERATED CONTRIBUTIONS

    1. The Platform may invite you to chat, contribute to, or participate in blogs, message boards, and other functionality, and provide you with the opportunity to upload, create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, reviews or personal information or other material (collectively, "Contributions") through the Platform. Contributions may be viewable by other users of the Platform. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary unless you mark them as private and send them specifically and only to us using the contact information provided above.

    2. If you provide feedback or suggestions about our Platform or any services, then we (and those we allow) may use such information without obligation to you.

    3. We may provide you areas on the Platform to leave reviews or ratings. When posting a review, you must comply with these Terms of Use and any Prohibitions thereof. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. Although we have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate; we may accept, reject, or remove reviews at our sole discretion.

    4. When you create or make available any Contributions, you thereby represent and warrant that:

      1. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other Members of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms of Use.

      2. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

      3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name, picture or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms of Use.

      4. Your Contributions do not violate the privacy or publicity rights of any third party.

      5. Your Contributions do not violate any applicable law, regulation, or rule.

      6. Your Contributions are not false, inaccurate, or misleading.

  6. ACCEPTABLE USE AND CONDUCT POLICY

    1. As a User or a Member you hereby expressly agree and warrant that any Contribution shall not violate the rights of any third-party individuals and in particular shall not violate the following terms and principles (“Prohibitions”). 

    2. With regard to Contributions you hereby warrant that you shall comply with the following Prohibitions

      1. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, junk mail, mass mailings, contests, sweepstakes or any other forms of solicitation. 

      2. Your Contributions are not obscene, lewd, lascivious, pornographic, filthy, violent, harassing, tortious, bullying, libelous, slanderous, defamatory, or otherwise objectionable (as determined by us).

      3. Your Contributions do not ridicule, mock, disparage, intimidate, bully or abuse anyone.

      4. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people and poses or creates no privacy or security risk to any person;

      5. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

      6. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

      7. Your Contributions do not include any offensive, hateful or discriminatory comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

      8. You will not access the Platform through automated or non-human means or use machine-generated user identities, whether through a bot, script or otherwise. 

      9. You will not use the Platform for any illegal or unauthorized purpose.

      10. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

      11. You will not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.

      12. Except as may be the result of standard search engine or Internet browser usage; use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.

      13. You will not interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.

      14. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.

      15. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

      16. You will not use any Member personal data or Crait Member Content shared with you by such member in any manner inconsistent with the consent of the sharing Member and in any way which may be deemed illegal under any applicable law. 

      17. You will not use the Contributions made by other Members of the Platform in any obscene, lewd, lascivious, pornographic, filthy, violent, harassing, tortious, bullying, libelous, slanderous, defamatory, or otherwise objectionable (as determined by us) manner and you shall not use such Contributions made available by other Members of the Platform to ridicule, mock, disparage, intimidate, bully or abuse them or other Members.

      18. For the avoidance of doubt, you may not use any personal information provided by another Member and accessible by you for any purpose without the express consent of the relevant Member.

    3. You hereby also agree as part of the Prohibitions, to not use the Platform to create or upload and/or transmit (or attempt to upload or to transmit) any content that; 

      1. you do not have a right to upload under any law or under contractual or fiduciary relationships; 

      2. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

      3. in the sole judgment of Creaitiv Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose Creaitiv Inc. or its Members to any harm or liability of any type; or

      4. harvest or collect email addresses; physical addresses, or other contact information of other Members from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or

      5. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; or

      6. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

      7. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform. 

      8. attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.

      9. viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.

      10. any material that acts as a passive or active information collection or transmission mechanism.

    4. Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platform.

    5. Creaitiv Inc. reserves the right to investigate and take appropriate legal action against anyone who, at Creaitiv Inc.’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account and application(s) of such violators and reporting you to the law enforcement authorities.

  7. CONTRIBUTION LICENSE ISSUED TO CREAITIV INC. BY MEMBER

    1. By posting your Contributions to any part of the Platform or making Contributions accessible to the Platform for Creative Inc. through various channels including but not limited to email; you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media format and through any media channels. For the avoidance of doubt, Creaitiv Inc. hereby declares that this license is intended for Contributions provided by Member for the purpose of promoting and/or developing the Platform and that it shall not use or otherwise share or distribute the Crait Member Content stored by Members in their account. 

    2. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that no moral rights have otherwise been asserted in your Contributions. 

    3. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.   

    4. We have the right, in our sole and absolute discretion;

      1. to edit, redact, or otherwise change any Contributions; 

      2. to re-categorize any Contributions to place them in more appropriate locations on the Platform; and 

      3. to pre-screen or delete any Contributions at any time and for any reason, without notice. 

    5. We have no obligation to monitor your Contributions.  

  8. DISCLAIMER 

    1. Creaitiv Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Platform or otherwise relating to such materials or on any Platforms linked to this Platform.

    2. Although we perform regular routine backups of data, you as Member are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

    3. The materials appearing on Creaitiv Inc.'s Platform could include technical, typographical, or photographic errors including descriptions, availability, and various other information. Creaitiv Inc. does not warrant that any of the materials on its Platform are accurate, complete, or current. Although Creaitiv Inc. may make changes to the materials contained on its Platform at any time without notice; Creaitiv Inc. does not make any commitment to update said materials however we reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

    4. We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith. 

    5. TO SUMMARIZE, THE CREAITIV INC. PLATFORM IS PROVIDED TO YOU ON AN "AS IS'' AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF CREAITIV INC. SERVICES IS AT YOUR OWN RISK. CREAITIV INC. MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREAİTİV INC. AND ITS SUPPLIERS AND RESELLERS HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, WITH REGARD TO THE CREAITIV INC. PLATFORM, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 

    6. CREAITIV INC. (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE CREAITIV INC. PLATFORM IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PLATFORM WILL MEET MEMBER'S REQUIREMENTS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 

    7. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  9. LIMITATION OF LIABILITY AND INDEMNIFICATION

    1. TO THE EXTENT PERMITTED BY LAW, WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. 

    3. IN ALL CASES, CREAITIV INC. AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

  10.  MODIFICATIONS TO TERMS OF USE

    1. Creaitiv Inc. may revise these Terms of Use for its Platform at any time without notice. By using this Platform, you are agreeing to be bound by the then current version of these Terms of Use.

    2. Supplemental Terms of Use or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. 

    3. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted.  

  11. GOVERNING LAW AND SETTLEMENT OF DISPUTES

    1. THESE TERMS OF USE ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LOCAL, STATE AND FEDERAL LAWS OF DELAWARE, USA AND YOU IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS IN THAT STATE OR LOCATION, WITHOUT PREJUDICE TO THE RIGHT OF CONSUMERS TO SUBMIT TO THE COURT OF THEIR DOMICILE (IF APPLICABLE). 

  12. TERMINATION 

    1. These Terms of Use shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

    2. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Creaitiv Inc. has adopted a policy of terminating, in appropriate circumstances and at Creaitiv Inc.’s sole discretion, the access to the Platform of Users and Members who are deemed to be repeat infringers of copyright. Creaitiv Inc. may also at its sole discretion limit access to the Platform and/or terminate the memberships of any Members or Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

  13. GENERAL PROVISIONS

    1. These Terms of Use were contracted in the English language. If Creaitiv Inc. provides a translation of the Terms of Use, it does so for your convenience only and the English Terms of Use shall solely govern the relationship between Creaitiv Inc. and Members and Users. Accordingly, if there is a discrepancy between the English language version and other translations of these Terms of Use, the English version shall prevail. 

    2. The Terms of Use do not create any third-party beneficiary rights or any agency, partnership, or joint venture between Creaitiv Inc. and its Members or Users. 

    3. Nothing in the Terms of Use will limit either party's ability to seek injunctive relief.

    4. If you do not comply with the Terms of Use and Creaitiv Inc. does not take action right away, this does not mean that Creaitiv Inc. is giving up any rights that it may have (such as taking action in the future). 

    5. If it turns out that a particular provision contained in this Terms of Use or any annexes thereof is determined to be unlawful, void, or otherwise unenforceable, such provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

    6. These Terms of Use operate to the fullest extent permissible by law and represent the entire agreement between you and Creaitiv Inc. relating to its subject and supersede any prior or contemporaneous agreements on the subject matter. 

    7. Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and/or through notification on the Platform, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

    8. We, as Creaitiv Inc., may assign any or all of our rights and obligations to others at any time. 

    9. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. 

    10. The Platform was developed solely at private expense and is commercial computer software and related documentation within the meaning of the applicable U.S. Federal Acquisition Regulation and agency supplements thereto.

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Copyright ©2024 Crait, Inc. All rights reserved.

By subscribing, you agree to Crait’s Terms of Use and Privacy Policy.

Get the latest in AI. Subscribe now!

Empowering your eComm and marketing visuals with power of AI creativity and actionable data insight.

Learn

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