logo
facebook blog twitter

Terms of Use

Terms and conditions of the operation of CREATIVsite are described below. In this section, CREATIVsite LLC will be described as "we" and the company or the individual who is receiving service(s) of CREATIVsite will be referred as "you". By accessing CREATIVsite website, you agree to be bound by the terms and conditions below.

Any new services or features which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.creativsite.com/terms . CREATIVsite reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms of Service, at any time. It is your responsibility to check the Terms of Service from time to time for any updates or changes that may impact you.

1. Basic Terms:

1.1 You must be 18 years or older to use this Service. You represent that You are acting in Your professional capacity and not as a consumer.

1.2. You must provide a valid email address, and any other information needed in order to complete the signup process. Your full legal name, address and phone number that you provide in your CREATIVsite account must be valid and current ones.

1.3 You are responsible for keeping Your password in a secure place and for maintaining the confidentiality of your password. You agree not to disclose your password to any third party. You agree to immediately notify CREATIVsite if you suspect any unauthorized use of your account or access to your password. CREATIVsite cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

1.4 You may not use the CREATIVsite service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

1.5. You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your CREATIVsite account.

1.6. You must not transmit any worms or viruses or any code of a destructive nature.

1.7 A breach or violation of any of the Terms of Service as determined in the sole discretion of CREATIVsite will result in an immediate termination of your services. If you have an account terminated you are prohibited from ever signing up for another account!

2. Products:

All content of CREATIVsite including, but not limited to text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and international copyright and trademark laws and are the properties of CREATIVsite or the third-party vendors. All rights reserved. All graphics, splash screens, images and icons displayed on CREATIVsite website are service marks, trademarks, and/or trade dress of CREATIVsite or its third-party vendors. Except as specifically permitted herein, downloading, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content in any form or by any means without the express written permission of CREATIVsite is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.

3. Services:

CREATIVsite provides oftware programs ("Software") that enable merchants to build online stores through which they can sell their products and services online. CREATIVsite also provides merchant services, including (but not limited to) hosting of the online store, site design, email services, marketing services, search engine marketing, price comparison shopping services, keyword buying services, domain name registration, and other related services as may be offered from time to time (collectively, "Web Services"). Your acceptance of this Terms of service and the activation of Your account by CREATIVsite, CREATIVsite will grant You a limited license to use the Software and will provide the Services You elected to receive, subject to this Terms of Service, including those terms and conditions that are set forth on the CREATIVsite website located at http://www.creativsite.com

3.1 Free Web Store Hosting Service:

CREATIVsite hereby grants you permission to use the CREATIVsite Free Web Store Hosting service as set forth in this Terms of Service, provided that: (i) one user can only own one Free Account; (ii) the free web store is used by an individual, a non-profit organization or a small, independently owned and operated business; (iii) you will otherwise comply with the terms and conditions of this Terms of Service.

3.2 Change of Service:

CREATIVsite reserves the right to change, amend and/or otherwise alter the Services provided with equivalent or otherwise equal Services without prior notice to You. You agree to receive administrative communications from CREATIVsite in regards to the Software, Services, Your account, policy changes, and system updates.

4. Design work:

All design work created by CREATIVsite is property of CREATIVsite. CREATIVsite designed web sites will be hosted on servers of CREATIVsite.com.

5. Browser Compatibility:

Custom websites created by CREATIVsite will be fully functional in the latest versions of major browsers such as Microsoft IE for Windows, Mozilla Firefox, Safari for Mac and Google Chrome. The release of newer versions of browser may need maintenance of the customer sites.

6. Site Content and Management:

6.1. Supply of Content:

Unless otherwise mentioned, customer will be responsible for the supply of marketing content including images and text. Content should be supplied to CREATIVsite for website designs in electronic format.

6.2. Your Store Content:

You will be solely responsible for creating, managing, editing, reviewing, deleting and otherwise controlling any and all Content displayed on or in connection with your Store, regardless of whether CREATIVsite provides any design or customization Services to You under this Terms of Service, including all descriptions of the products and services You offer to customers of Your Store and user-generated Content on and related to Your Store. As a conduit, CREATIVsite will give You complete discretion over Your Content, subject to the terms set out in this Agreement. Your Content must not infringe applicable laws or regulations and it must be compatible and interoperable with the Software and Services provided by CREATIVsite under this Terms of Service. You retain all rights, title and interest in and to all intellectual property rights embodied in Your Content, exclusive of any content provided by CREATIVsite. Notwithstanding anything contained in the foregoing, if You breach any of the covenants in Section 6 of this Terms of Service, CREATIVsite is entitled to, without notice to you and at its sole discretion, suspend or terminate Your Store and/or any access to information or data related to Your account and the Software in accordance with Section 12 of this Terms of Service.

6.3. Your Store Management:

You will be solely responsible for the development, operation, and maintenance of Your Store, including accepting, processing and filing customer orders generated through Your Store, and handling any customer inquiries, complaints, or disputes arising from orders or sales generated through Your Store. You agree that CREATIVsite has no obligation to back-up any data related to Your Store's operations and you should independently take appropriate steps to maintain such data in accordance with Your needs and requirements.

6.4. Content License:

During the period that CREATIVsite provides Services to You, You hereby grant to CREATIVsite, its affiliates and any service providers (including, but not limited to advertising and promotional partners) a non-exclusive, irrevocable, non-sublicenseable, royalty-free, worldwide license to reproduce, distribute, create derivative works of, transmit, publicly perform, publicly display and digitally perform Your Content solely for the execution of this Terms of Service.

To prevent all doubt, the above granted license is for purposes of marketing. We may upload Your Content to services such as, but not limited to, Google Base, Facebook etc. If you do not wish to participate in such marketing programs, simply indicate your preference in Your CREATIVsite account.

7. Software Faults for Custom Design:

CREATIVsite provides a warranty on software developed by CREATIVsite for custom webdesign for a period of 30 days from the launch date of the customer website, desinged and created by CREATIVsite. Within that time, CREATIVsite will correct all the software defects identified by the customer or CREATIVsite. These do not include faults that result from variation of the original specification, browser or third party software update.

7. Software License:

Subject to this Terms of Service, CREATIVsite grants to You a non-exclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for CREATIVsite ("CREATIVsite Servers") through the CREATIVsite Site solely for the purpose of building and maintaining an interactive store hosted by the CREATIVsite Servers on which You offer Your or a third party's products or services ("Your Store"). You acknowledge that the Software and its structure, organization, and source code constitute valuable trade secrets of CREATIVsite. Accordingly, except as expressly allowed, You will not, either directly or through a third party, (a) modify, adapt, alter, or create derivative works from the Software; (b) distribute, sublicense, lease, rent, loan, or otherwise transfer the Software to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Software or (d) transfer your interest in and to Your Store to any third party.

8. Additional Services and Third Party Services:

Certain additional features ("Additional Services") and third party services that CREATIVsite may make available to You subject to supplemental or independent terms and conditions. You agree that You will not use such Additional Services or Third Party Services unless You have agreed to and comply with the applicable terms and conditions, including but not limited to Your payment of additional fees as required. Depending on the available Services you elect to receive, You may be responsible for establishing and maintaining a commercial relationship with a financial institution or money transmitter such as a credit card processor, bank or PayPal. The terms of any such relationship shall be between You and that entity and such terms may be more restrictive or place limits on the operation of Your Store - you should contact those entities for more information regarding such terms.

9. Domain Registration Service:

CREATIVsite may provide acquisition and registration of a second-level domain name ("Domain Name") for Your Store on Your behalf. If you choose to use the Domain Name Service, You hereby appoint CREATIVsite and third parties who provide domain name registration services to CREATIVsite as Your agent in the acquisition, registration and ongoing administration of Domain Names on Your behalf and You authorize CREATIVsite and third parties who provide domain name registration services to CREATIVsite to select and issue binding instructions to domain name registrars and registries used to acquire, register, and administer Domain Names on Your behalf. CREATIVsite provides this Service as a convenience to You only and You hereby waive any and all claims that You may have, or which may later arise, against CREATIVsite for any and all damages, losses, claims, or expenses arising out of or related to the acquisition, registration, and/or use of such Domain Name. In addition, CREATIVsite reserves the right, in CREATIVsite's sole discretion, to refuse to acquire or register any domain name requested by You, and to discontinue the use of any domain name requested by you. Your use of the domain name we may have registered for You is subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and subject to the policies detailed in the Domain Names Terms and Conditions.

10. Third Party Applications and Services:

On the CREATIVsite web site, we may offer or allow third parties to offer You software applications or services related to the design, customization, set-up, marketing, promotion, or operation of Your store. The third party offering the application(s) or service(s) is referred to as the “Third Party Providers” and the applications and services offered by Third Party Providers are referred to as “Third Party Applications” and “Third Party Services”. Third Party Applications and Third Party Services are intended to interoperate with the CREATIVsite applications and services but CREATIVsite does not warrant or support Third Party Applications or Services, whether or not they are designated by us as “certified” or “approved” or some similar designation. Except as expressly stated , there is no requirement that You use Third Party Applications or Services.

If You decide to use Third Party Applications or Services, You are responsible for understanding the terms of use and privacy policy applicable to those Third Party Applications or Services (“Third Party Terms”). Any questions about Third Party Terms, Applications, or Services should be addressed to the Third Party Provider. These Third Party Terms are between You and the Third Party Provider and they govern your rights and obligations with respect to the Third Party Applications or Services, including but not limited to: payment terms, term and termination terms, refunds, use of Your data, and other obligations and limitations. You acknowledge that the Third Party Terms are a binding agreement between you and the Third Party Provider only.

11. Covenants By You :

ou covenant that any products, services, Your Content, Your website, Your Store and Your related activities shall not violate the CREATIVsite Terms of Service that is incorporated herein by reference and as it may be amended from time to time, nor shall they:

11.1. be false, inaccurate or misleading;

11.2. be fraudulent or involve the sale of counterfeit or stolen items;

11.3. infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; CREATIVsite may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers;

11.4. violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);

11.5. be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;

11.6. be obscene or contain child pornography;

11.7. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

11.8. involve the transmission of any unsolicited commercial or bulk email (known as "spamming"). You shall not use Your account or Your Store as a return address for unsolicited commercial mail originating elsewhere or participate in any activities related to so-called pyramid or ponzi schemes;

11.9. involve the collection or attempt to collect personally identifiable information of any person or entity, except with the express written consent of that person or entity and of which consent You shall maintain a written record for a period of three (3) years after any termination of this Agreement;

11.10. be harmful or potentially harmful to the CREATIVsite Server structure as determined at CREATIVsite's sole discretion, including without limitation overloading the CREATIVsite technical infrastructure;

11.11. involve subleasing Your account or offering "free space" on or other access to Your account or Your Store to third parties;

11.12. create liability for CREATIVsite and its subcontractors or expose them to undue risk. You will not engage in activities that CREATIVsite, at its sole discretion, determines to be harmful to CREATIVsite's affiliates, operations, reputation, or goodwill ; or

11.13.link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation;

12. Payment Terms:

12.1 Payment Terms for Service Plan

Upon you sign up CREATIVsite paid service plan, you agree to pay for non-refundable monthly or annual subscription fee and other annual or one-time fees, in advance, including fees for the license of Software and Services to be rendered to You by or on behalf of CREATIVsite in the following month. CREATIVsite will debit all fees payable by You to CREATIVsite directly from the credit card, PayPal or Google Checkout account designated by You. Your subscription to CREATIVsite monthly and annual plan will be automatically renewed at the end of each billing cycle. Subscription fee will be automatically charged from the payment account designated by you. Without limiting CREATIVsite's other remedies, any amount that is not retrievable from Your designated account when due will accrue a late fee at one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid. If we suspend a portion of your Service due to a violation by You of any laws, regulations, or policies, You will remain responsible for the payment of all applicable fees.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. CREATIVsite does not provide refunds.

12.2 Payment Terms for Custom Design

Initial term of the agreement shall be set forth in the order form. The initial term will begin after commencement of the service.

13. Breach:

Without limiting other remedies, CREATIVsite may limit Your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Your account or Your Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to You if: (a) You fail to pay any fees in accordance with this Terms of Service and the Price Policy; (b) You breach the covenants in Section 7 of this Terms of Service; (c) You breach this Terms of Service or the documents it incorporates by reference in any other manner; (d) CREATIVsite is unable to verify or authenticate any information You provide to CREATIVsite; or (e) CREATIVsite believes that Your actions may cause financial loss or legal liability for You, Your Store customers, or CREATIVsite.

14. Delays:

Any delay in making decision and or sending necessary material for custom design work will delay the completion of the project. CREATIVsite reserves the right to invoice for the time and material used when following up and keeping the project past the agreed project timelines.

15. Cancellation, Suspension and Termination:

16.1.You may cancel your account at anytime by sending email to support at creativsite.com (support@creativsite.com).

16.2 Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.

16.3. If you cancel the Service in the middle of billing cycle, no CREATIVsite service fee will be refunded.

16.4. At the discretion of CREATIVsite and for any reason set forth in this Terms of Service, CREATIVsite may suspend Your account by deactivating any access by You or by Your customers to any information contained on the CREATIVsite Servers related to Your account while maintaining the information and data related to Your account upon the CREATIVsite Servers. Suspension shall specifically include the disabling of Your Store and/or any access to information or data related to Your account. In the event of any such suspension You will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated. Fees will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such fees during any such period of suspension.

16.5. We reserve the right to modify or terminate the CREATIVsite service for any reason, without notice at any time.

17. General Conduct:

17.1. We reserve the right to refuse service to anyone for any reason at any time.

17.2. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, express, implied or statutory.

17.3. CREATIVsite does not warrant that the service will be uninterrupted, timely, secure, or error-free.

17.4. CREATIVsite does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

17.5. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

17.6. CREATIVsite may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

17.7. CREATIVsite does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

17.8 You expressly understand and agree that CREATIVsite shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

17.9. In no event shall CREATIVsite or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, CREATIVsite partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

17.10. Technical support is only provided to paying account holders and is only available via email.

3.11. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by CREATIVsite.

17.12. Verbal or written abuse of any kind (including threats of abuse or retribution) of any CREATIVsite customer, CREATIVsite employee, member, or officer will result in immediate account termination.

17.13. We do not claim any intellectual property rights over the material you provide to the CREATIVsite service. All material you upload remains yours. You can remove your CREATIVsite store at any time by deleting your account. This will also remove all content you have stored on the Service.

17.14. By uploading images and item description content to CREATIVsite.com, you agree to allow other internet users to view them and you agree to allow CREATIVsite to display and store them and you agree that CREATIVsite can, at any time, review all the content submitted by you to its Service.

17.15. The failure of CREATIVsite to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CREATIVsite and govern your use of the Service, superseding any prior agreements between you and CREATIVsite (including, but not limited to, any prior versions of the Terms of Service).

17.16. CREATIVsite does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.

17.17 Unless you use CREATIVsite Dedicated Server or Dedicated Server Cluster service, your Store may be hosted on a CREATIVsite Server on which several merchants may share the resources and network capacity of that CREATIVsite Server. We have internal policies and may, at our sole discretion, limit downloads from your store if our server processing power, server memory, or abuse controls indicate that you are not fairly using our service.

17.18. Using your account as an online storage space for archiving electronic files is disallowed.

17.19. Questions about the Terms of Service should be sent to contact at CREATIVsite dot com.

18.DISCLAIMER

CREATIVSTIE, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE SOFTWARE, ADDITIONAL SOFTWARE, AND SERVICES, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. CREATIVSTIE, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE SOFTWARE, ADDITIONAL SOFTWARE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 11 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS TERMS OF SERVICE AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

19.LIMITATION OF LIABILITY

IN NO EVENT SHALL MIIDD, ITS SUPPLIERS, ADVERTISING AND PROMOTIONAL PARTNERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ADDITIONAL SOFTWARE, THE SERVICES OR THIS TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE). CREATIVSITE'S, ITS SUPPLIERS', ADVERTISING AND PROMOTIONAL PARTNERS', AND SERVICE PROVIDERS', CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CREATIVSITE FOR, AND (B) ONE HUNDRED U.S. DOLLARS (U.S. $100). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion of incidental or consequential damages may not apply to You.

20 LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Software, the Services, Your Content, and Your listing and sale of products and services on Your Store.

CREATIVsite LLC