CREATION ENTERTAINMENT, INC.
Intellectual Property Rights
Certain of the trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of CE and others. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of CE or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Site is prohibited.
When you create an account (“Account”) with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Use of Site
Except as otherwise indicated on the Site, you may view, download, retrieve, access, store and print documents and information available on this Site, as well as use your account subject to the following conditions:
- The documents and information may be used solely for personal, information, educational, non-commercial purposes.
- The documents and information retrieved may not be modified or altered in any way.
- You may not remove any copyright or other proprietary notices contained in the documents and information.
- CE reserves the right to revoke the authorization to view, download, retrieve, access, store and print documents and information available on this site at any time, and any such use shall be discontinued immediately upon written notice from CE.
- You may not use the content on any other website or in any other networked computer environment for any purpose.
- You shall not copy or adapt the HTML or other code that is used to generate pages on the Site.
- The pages and elements on this site are protected by Intellectual Property Rights, owned by CE, and are not licensed hereby. You may not reproduce, in whole or in part, the pages and elements on this Site. The rights specifically referenced above to view, download, retrieve, access, store and print the content available on this Site are not applicable to the design or layout of this Site.
- You may not use, or allow others to use, your Account and/or the Site, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Site, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Site; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your Account.
- You also may not use, nor allow others to use, your Account and/or the Site, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Site, or anyone else; (c) collect or attempt to collect any information from others, including, without limitation, Personal Data, without such party’s prior written consent. You agree to comply with all local, state, and federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Site.
Links to Third Party Sites
This Site may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect endorsement, affiliation, relationship or sponsorship by CE with respect to the provider of such links or the quality, reliability or other characteristic features of such linked site. CE is not responsible in any manner for damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products or other material on or available from such sites.
Disclaimer of Warranties
CE PROVIDES THIS SITE AND ITS SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CE DOES NOT WARRANT THAT THE OPERATION OF THIS SITE, ITS SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE OR OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CE DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE OR ITS SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.
You agree to defend, indemnify and hold CE harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Site, and/or (c) the use of the Site by any other person using your Account login. CE may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. CE reserves the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
CE may terminate this Agreement, restrict, suspend or terminate your access to and use of the Site immediately and without notice or liability, with or without cause and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Site. Termination is your sole right and exclusive remedy if you are not satisfied with the Site. Upon the effective date of any such termination, your right to access and use the Site shall immediately cease.
This Agreement is made in and shall be governed and construed by the laws of California, without reference to conflicts of laws. If you access this site from locations outside California or the United States, you are voluntarily and purposefully availing yourself of the laws of California, and you are solely responsible for compliance with all your local laws. Access to the Site from locations where the Site’s contents may be unlawful is prohibited.