Site Terms of Use Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

1. OVERVIEW
These Terms of Use (“Terms of Use”) sets forth the terms and conditions of your use of the website for creatorpresets.com (“Site”) owned by Creator Presets, LLC (“Company” or “we” or similar references), and the content and services (individually and collectively, the “Services”) found at the Site. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use by using the Site or the Services found at the Site. If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. SITE CONTENT
The content on the Site and the Services found at the Site, including without limitation the text, software, scripts, source code, graphics, photos, videos and interactive features and the trademarks, service marks and logos contained therein (the “Content”), are owned by or licensed to Company, and are subject to copyright, trademark, and/or patent protection the United States and foreign countries, and other intellectual property rights under United States and foreign laws.
The Content is provided to you “as is”, “as available” and “with all faults” and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. The Company reserves all rights not expressly granted in and to the Content, the Site and the Services found at the Site, and these Terms of Use do not transfer ownership of any of these rights. You specifically agree not to distribute any of the Content without the Company’s prior written permission.

3. USE OF THE SITE AND THE SERVICES
You agree not to circumvent, disable or otherwise interfere with the security-related features of the Site or the Services (including without limitation those features that prevent or restrict use or copying of any Content) or enforce limitations on the use of the Site or the Services or the Content therein.
You may not use the Site or Services in any manner that: (i) imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (ii) introduces a virus or other harmful component to the Site; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Site or (vi) results in the harvesting of any information concerning other users of the Site.

In addition, you will not use the Site or the Services in any manner that: (i) is illegal, or promotes or encourages illegal activity; (ii) promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior; (iii) promotes, encourages or engages in child pornography or the exploitation of children; (iv) promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class; (v) promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking; (vi) infringes on the intellectual property rights of another user or any other person or entity; (vii) violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity; (viii) contains false or deceptive language, or unsubstantiated or comparative claims, regarding the Company, the Site or the Services; (ix) if you are a competitor of the Company, using the Site or the Services directly or indirectly for competitive benchmarking or other competitive analysis, unless permitted under applicable law; (x) submit to, or store in the Site or Services, any Protected Health Information (“PHI”).
The Company may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, Services or Content (including without limitation prices and fees for the same). The Company may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Site and Services.
You may not offer to sell or resell the Services, but the Services may be used by you in support of your service offering(s).
You may order Services using the Company’s then current ordering processes and all orders are subject to acceptance by the Company at its sole discretion

4. ACCOUNTS
In order to utilize certain Site and the Services, you may be asked to create an account (“Account”) by providing certain personal information such as your name, email address, physical address, payment information, account preferences and other relevant information. (The Site’s Privacy Policy explains how such information may be collected and used). When you use a Service on the Site, you accept these Terms of Use and the specific terms applicable to that Service. Neither Company nor any of its data providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published on the Site.
When you create your Account you may be asked for your home telephone and mobile telephone number so that we may contact you regarding importation information about your service and account, and to provide special offers to our customers. By providing your home and/or mobile telephone numbers to the Company you consent to receive autodialed and/or pre-recorded calls (or text messages if you provide your mobile telephone number) from or on behalf of the Company regarding importation information about your service and account, and to provide special offers to our customers to the telephone number(s) provided.

You understand and agree that the Company will create, issue, and verify a digital identification (a “Digital ID”) for each Account holder. This Digital ID is attached to each accepted electronic document and notification e-mails. You agree that your Digital ID is a valid “Electronic Signature.”
All Account holders must be 18 years or older. An account is available only to users who have completed the information required by the Site’s enrollment form. As an Account holder, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site. The Company reserves the right to revoke or prohibit your Account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.
You are responsible for maintaining the confidentiality of your account and password. You may not share your password with third parties. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. You are solely responsible for (i) the configuration of your Account, (ii) the operation, performance and security of your equipment, networks and other computing resources used to connect to the Site and the Services, (iii) ensuring you exit or log off from the Site and Services at the end of each session.

5. LINKING
The Site may contain links and pointers to other websites and resources. Links to and from the Site to other web sites maintained by third parties, do not constitute an endorsement by Company or any of its affiliates of any third party web site or content. Company is not responsible for the availability of these third party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its web site administrator or webmaster.

6. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY
USE OF THE SITE, SERVICES AND CONTENT IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM: (1) THE SITE OPERATING UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE; (3) THE VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) INACCURATE SITE CONTENT.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE THE SITE, SERVICES AND ANY FEATURE OF THE SITE OR SERVICES.

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, LOST DATA (INCLUDING, WITHOUT LIMITATION ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF WCI) OR LOSS OF USE) ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF COMPANY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, OR THIRD PARTIES PROVIDING SERVICES FOR THE SITE OR THE SERVICES, TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR WCI CONTENT WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO WCI IN CONNECTION WITH THE APPLICABLE EVENT, OR PURCHASE GIVING RISE TO SUCH LIABILITY OR IN ANY EVENT COMPANY’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU UNDER THESE TERMS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.

7. INTERNATIONAL USE

We make no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
8. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE

All Company trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Site, the Services and Content are the sole and exclusive property of the Company. You may not copy or use any of Company marks or any marks confusingly similar to Company’s marks without the prior written consent of the Company, nor may you use Company’s marks in any manner that discredits or disparages Company. All other trademarks not owned by the Company that appear on the Site, the Services or the Content are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of Company without its prior written consent. You may not use any metatags or any other “hidden text” utilizing our name, trademarks, service marks, or trade names without the prior written consent of Company. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of Company. Any unauthorized use terminates any license or permission granted by Company. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Site.

Except for personally identifiable information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of any messaging features and/or ideas you may submit to us, is hereby deemed nonconfidential and nonproprietary, shall become the property of Company, and may be used by us for any purpose without restriction or obligation.

9. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any content has been posted on the Site in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work(s) claimed to have been infringed;
A description of the material on the Site that is claimed to be infringed 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 us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Company’s designated Copyright Agent for notice of claims of copyright infringement is: abuse@creatorpresets.com.

10. INDEMNIFICATION
You hereby agree to indemnify and hold harmless Company and its members, shareholders, directors, officers, employees, agents and representatives (collectively, the “Company Entities”) from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Site, Services or Content (except to the extent such claims are due solely to Company’s wrongful conduct), or (B) any alleged breach of these Terms of Use by you.

11. TERMINATION
Company may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in Company’s exclusive discretion, without prejudice to any legal or equitable remedies available to Company, for any reason or purpose, including, but not limited to, conduct that Company believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which Company believes is harmful to other customers, to Company’s business, or to other information providers. In addition and without prejudice to any other remedy available to Company, Company may immediately terminate your ability to use the Site, Services and Content if you breach any term of this Terms of Use.
12. CHOICE OF LAW; JURISDICTION; ATTORNEYS’ FEES; CLASS ACTION WAIVER

This Terms of Use will be governed by the laws of the State of Texas applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Los Angeles County, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Terms of Use. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Company will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Terms of Use.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COMPANY 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 ACTION. Unless both you and Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

13. PRIVACY POLICY
The Site is a United States web site and is subject to United States law. Company’s collection, use and disclosure of personally identifiable information and other data collected via the Site is governed by our Privacy Policy. A link to the Privacy Policy can be found in the footer of any Company Site. You acknowledge and agree that our Privacy Policy is incorporated into this Terms of Use.

14. MISCELLANEOUS
This Terms of Use constitutes the entire terms of Use between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Company in its sole discretion may amend this Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. If any term in this Terms of Use is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Terms of Use are for convenience only and must not be given any legal import.
The Site may contain typographical errors or inaccuracies and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
By using the Site, you signify your agreement to the terms of this Terms of Use. If you do not agree to the terms in this Terms of Use, you must not use the Site. Company may change the terms of this Terms of Use at any time, and your use of the Site after such changes are posted will mean that you accept them.
The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right

LAST UPDATED: August 25, 2017