GLOBAL CREATIVE APPS - TERMS & CONDITIONS
Acceptance of These Terms of Service
BY DOWNLOADING, INSTALLING, OR USING GLOBAL CREATIVE APPS ("SERVICE"
, "GLOBAL CREATIVE APPS ",
"we", "us", "our"), YOU AGREE TO BE BOUND BY BOTH
THESE TERMS OF SERVICE ("TOS") AND THE GLOBAL CREATIVE APPS PRIVACY
POLICY. YOU CAN CHECK THE MODIFIED VERSION FROM THE SOFTWARE OR THE OFFICIAL
WEBSITE. YOU UNDERSTAND AND AGREE THAT IF YOU CONTINUOUSLY USE GLOBAL CREATIVE
APPS AFTER THE DATE ON WHICH the TOS HAVE CHANGED, GLOBAL CREATIVE APPS WILL
TREAT YOUR USE AS ACCEPTANCE AND COMPLIANCE WITH THE UPDATED TERMS.
GLOBAL CREATIVE APPS may
also offer other services that are governed by different TOS. In such cases the
other TOS will be posted on the relevant service to which they apply.
If you do not agree with the TOS, please do not use or
access GLOBAL CREATIVE APPS .
Your Registration and Account
If you are under the age of 13, you must not use our
services. If you are between the ages of 13 and 18 (or the relevant age in your
jurisdiction where you are considered a minor), your parent or guardian must
agree to the TOS (both for themselves and on your behalf) before you can use
our services. If you are using our services on behalf of a company,
partnership, association, or other organization ("organization"), you
warrant that you are authorized to do so and that you are authorized to bind
your organization to the TOS and in such circumstances "you" will
include your organization.
You also agree to provide true, accurate, current and
complete information about yourself as prompted by the GLOBAL CREATIVE APPS Service's
registration (at GLOBAL CREATIVE APPS need or request in its sole discretion).
You are entirely responsible for maintaining the security
and confidentiality of your information and password. You agree that you will
immediately notify GLOBAL CREATIVE APPS should your password or any of your
information be compromised and of any such unauthorized use. GLOBAL CREATIVE
APPS cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section.
Privacy Policy
Your using or accessing GLOBAL CREATIVE APPS is also
governed by GLOBAL CREATIVE APPS Group's Privacy Policy, which is incorporated
herein by reference. Your privacy is important to us. We designed GLOBAL
CREATIVE APPS Privacy Policy to make important disclosures about how we collect
and use your information. We encourage you to read the GLOBAL CREATIVE APPS Privacy
Policy carefully and use it to make informed decisions.
Content and Submissions
When you provide any submissions to GLOBAL CREATIVE APPS , you understand and accept complete
responsibility for your submissions, including any and all consequences that
may arise. As such, you represent and warrant that you: own or have secured all
necessary licenses, rights, consents and permissions for such submissions and
authorize GLOBAL CREATIVE APPS to make use of these submissions in the manner
contemplated by the TOS.
By using the Service, you may be exposed to content that is
offensive, indecent or objectionable. Under no circumstances will we be liable
for your content or the content of any third party, including, but not limited
to, for any errors or omissions in your content, or for any loss or damage of
any kind incurred as a result of the use of any content posted, transmitted or
otherwise made available via the Service. You acknowledge that we do not
pre-screen content, but that we shall have the right (but not the obligation)
to refuse, move or delete any content that is available via the Service.
We shall also have the right to remove any content that
violates the TOS or is otherwise objectionable in our sole discretion. You must
evaluate, and bear all risks associated with, the use of any content. You may
not rely on any content created by us. You acknowledge and agree that we may
preserve content and may also disclose content if required to do so by law or
in the good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce these Terms; (c)
respond to claims that any content violates the rights of third-parties; or (d)
protect our rights, property, or personal safety and those of our users and the
public.
Prohibited Content Submissions
You may not create a user name, post, upload, email or
otherwise transmit to GLOBAL CREATIVE APPS Submissions of any kind that is,
within the sole discretion of GLOBAL CREATIVE APPS , determined to be commercial, illegal,
offensive or potentially harmful to others including but not limited to content
that:
infringes upon the rights of any third party, including but
not limited to copyrights, trademarks, patents, trade secret, design rights,
moral rights or other third party proprietary rights, including privacy and
publicity rights;
promotes the infringement of copyright or other third party
rights, e.g., providing a list of hyperlinks to websites that contain pirated
software or media files, hacking/cracking, etc.;
contains software viruses or any other malicious computer
code, files or programs designed to interrupt, destroy or alter the
functionality of any computer software or hardware or telecommunications
equipment owned by another party;
is offensive, abusive, threatening, harassing, stalking,
promoting violence or racism or harm or hatred or bigotry against any group or
individual;
is libelous or defamatory or promotes information that you
know is false or illegal;
violates the privacy of others, including but not limited to
posting the photograph of another person without that person's consent;
is obscene, vulgar or contains profanity;
is pornographic or sexually explicit or contains nudity;
exploits or attempts to exploit people in a sexual or
violent manner;
disparage GLOBAL CREATIVE APPS or any third party;
is or contains an advertisement, a marketing initiative,
solicitation of a business, or otherwise significantly connected with any
commercial purpose;
involves the transmission of any unsolicited mass mailing
including but not limited to "junk mail", "chain letters"
and "spam";
contains restricted or password only access pages;
sells, promotes or encourages the use of beer or hard
alcohol, tobacco or related products, prescription drugs, narcotics or drug
paraphernalia, replicas or imitations of designer goods, weapons (including
firearms, ammunition, brass knuckles, throwing stars, knives, etc.), gambling
or casino-related content;
is unlawful or illegal, criminal or tortuous in nature (such
as child pornography, fraud, gambling);
is otherwise objectionable material or that encourages
conduct that could constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable local, state, national or international law
or regulation.
Intellectual Property Rights
When you provide Submissions to GLOBAL CREATIVE APPS , you still retain all of your rights of
ownership in your Submissions. However, by uploading, posting or otherwise
transmitting your Submissions on or to GLOBAL CREATIVE APPS , you grant GLOBAL CREATIVE APPS (and its successors)
a royalty-free, perpetual, irrevocable, transferable, worldwide, exclusive
right (themes) and license to use, license, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, derive revenue or other
remuneration from, communicate to the public, perform and display the content
(in whole or in part) and/or to incorporate it in other works in any form,
media, or technology now known or later developed, for the full term of any
rights that may exist in such content. You also permit any subscriber to
access, display, view, and store and reproduce such content for personal use,
as permitted by the Service and under these Terms of Service.
Other than Submissions you provide to GLOBAL CREATIVE APPS , all content, software, scripts, images,
graphics, audio, video and other materials in any form (collectively, "GLOBAL
CREATIVE APPS Content") are protected by copyrights, trade or service
marks, patents or other proprietary rights and are owned by or licensed to GLOBAL
CREATIVE APPS , subject to intellectual
property rights. You understand and agree that all GLOBAL CREATIVE APPS Content
is provided to you solely on an AS IS basis for your personal use only and may
not be copied, reproduced, distributed, broadcast, displayed, sold, licensed or
otherwise used or exploited for any purpose and in any manner without the prior
written consent of GLOBAL CREATIVE APPS or the respective owners. GLOBAL
CREATIVE APPS reserves all rights not expressly granted to you. If you
download, print or display any GLOBAL CREATIVE APPS Content for personal use,
you must retain all copyright and other proprietary notices.
You may not (and you may not permit anyone else to) take
actions directly or indirectly that infringe or may infringe intellectual
property rights and related interest of GLOBAL CREATIVE APPS (including but not
limited to exploiting, assigning the referenced intellectual property rights
above or permitting anyone else to do so). GLOBAL CREATIVE APPS reserves the
right to charge the tort liabilities.
You may not (or entrust a third party), whether on
non-profit purpose or not, reverse engineer, decompile or attempt to derive
source code of the Software, or create derivative works of product, services,
plugins, extensions, compatibility, interconnection behaviors, etc. GLOBAL
CREATIVE APPS reserves the right to charge the tort liabilities, unless you
have been granted by GLOBAL CREATIVE APPS in writing.
Violations of Intellectual Property Rights and Terms of
Service
Provided with proper notification and documentation, GLOBAL
CREATIVE APPS will remove any Submission that infringes upon the intellectual
property rights of another and reserves the right to remove any Submission
without prior notice. GLOBAL CREATIVE APPS assumes no responsibility for
monitoring the Service. In the event GLOBAL CREATIVE APPS chooses to review any
Submission (such review is solely within GLOBAL CREATIVE APPS discretion), GLOBAL
CREATIVE APPS assumes no responsibility for the Submissions or any obligation
to remove any inappropriate Submissions or any responsibility for the conduct
of a member submitting inappropriate Submissions. At its sole discretion, GLOBAL
CREATIVE APPS may remove any Submission and/or terminate a member's account for
violating any of these Terms of Service at any time and without notice. GLOBAL
CREATIVE APPS reserves the right, but not the obligation, to take any
appropriate legal action for any illegal or unauthorized use of the Service or
violation of the Terms of Service.
2. Claims of
Copyright Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please notify GLOBAL CREATIVE APPS 's Agent for Notice
of claims of copyright or other intellectual property infringement
("Agent"), at:
GLOBAL CREATIVE APPS Copyright Agent
Email: creativeworldapps@gmail.com
Please provide our Agent with the following Notice:
Identify the copyrighted work or other intellectual property
that you claim has been infringed;
Identify the material on GLOBAL CREATIVE APPS that you claim
is infringing, with enough detail so that we may locate it on the website;
A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the
law;
A statement by you declaring under penalty of perjury that
(a) the above information in your Notice is accurate, and (b) that you are the
owner of the copyright interest involved or that you are authorized to act on
behalf of that owner;
Your address, telephone number, and email address;
Your physical or electronic signature.
GLOBAL CREATIVE APPS Agent will forward this information to
the alleged infringer. It is GLOBAL CREATIVE APPS policy to terminate the
accounts of repeat infringers.
Termination
Should you violate or breach the TOS, GLOBAL CREATIVE APPS reserves
the right, at its sole discretion and without notice, to suspend or terminate
your account, any and all content and information you may have provided and
your ability to access any part of GLOBAL CREATIVE APPS . The termination will not affect the
obligations and liabilities you should assume before the termination.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. UNLESS EXPRESSLY SET FORTH HEREIN,
GLOBAL CREATIVE APPS MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY
MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND
EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. GLOBAL CREATIVE APPS DOES
NOT WARRANT THE RESULTS OF USE OF THE SERVICE, AND YOU ASSUME ALL RISK AND
RESPONSIBILITY WITH RESPECT THERETO.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBAL CREATIVE APPS
AND ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES ARISING OUT OF OR RELATING TO THE BREACH OF THE TOS OR THE USING OF
SERVICE, EVEN IF GLOBAL CREATIVE APPS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Indemnification
You agree to indemnify and hold GLOBAL CREATIVE APPS and its
affiliates, subsidiaries, employees and agents harmless from and against any
third-party claim and any related losses, costs, liabilities and expenses,
including reasonable attorneys’ fees, arising out of the breach of any
representations, warranties or covenants made by you.
Governing Law and Disputes Resolution
Except to the extent that: (i) any applicable additional
terms incorporated into these Terms provide differently, or (ii) the applicable
laws and regulations of your jurisdiction mandate otherwise, the TOS and any
dispute or claim arising out of or in connection with the TOS will be governed
by the laws of the People’s Republican of China.
Any dispute, controversy or claim (whether in contract, tort
or otherwise) arising out of, relating to, or in connection with the TOS,
including their existence, validity, interpretation, performance, breach or
termination, will be referred to and finally resolved by arbitration
administered by the China International Economic and Trade Arbitration
Commission (CIETAC), and the place of arbitration shall be in Beijing. Within
the valid period for the arbitration, such arbitration tribunal shall subject
to the arbitration rules of the CIETAC in effect at the time of the
arbitration. The award of the arbitration tribunal shall be final and binding
upon the two parties.
Please contact us at GLOBAL CREATIVE APPS should you have any questions regarding these
Terms of Service.
Contact us
If you have any suggestions, feedback or requests, please
email us at creativeworldapps@gmail.com
