Last modified: October 10, 2017
REGISTERING FOR OUR SERVICES
We may offer our Services, which may be different, to both Registered and Non-Registered Users (collectively “Users”). We offer our Services to individuals globally and are aware that many different requirements for opening, maintaining and using online accounts may apply to our Users. While our Services are primarily focused on managing the Creations of Creators that may be minors, individuals of any age may be able to access and use some or all of our Services.
Creatubbles strives to adhere to higher standards regarding the privacy and online safety of its Users and has therefore placed certain age and other restrictions on the establishment and use of Creator Accounts.
“Non-Registered Users” are those individuals who access our Sites, but decide not to become Registered Users and do not have a Creator Account with us.
“Registered Users” may include individuals and Accounts as follows:
If you are at least 13 years of age or older, you may directly register for and open a Creator Account with us.
If you are a child under the age of 13, you may not directly register for and open your own Creator Account. Your Creator Account may be controlled by a Parent Account or a Manager Account. For children under the age of 13, a parent (such as through a Parent Account) or other legally authorized supervisor (such as through a Manager Account for a school or club program or for offerings with our Partners) must: (a) register for and open a Creator Account for the child, (b) agree to all Terms on behalf of the parent, supervisor or child, (c) assume all liability for the use of the Services by the child, and (d) agree to reasonably monitor the use of our Services by the child.
If you are a parent, you may directly register for and open a Parent Account with us and designate one or more Creator Accounts to be linked to your Parent Account.
If you are a legally authorized supervisor or an authorized Partner, you may directly register for a Manager Account with us and designate one or more Creator Accounts to be linked to your Manager Account, subject to the terms and conditions of any agreements between Creatubbles and your entity.
Accessing our Services
To access our Services, you must have a connected computer running a supported browser and operating system or a supported mobile device. It is possible that you may need to download our application, certain plugins or other software to ensure the compatibility of your device. We will endeavor to keep a reasonably current description of supported devices available on our Site.
You will need Internet access in order to create a new account and to generally access our Services, though we may offer limited offline Services functionality to Users who have downloaded our application.
Registering for a User Account, Usernames, and Passwords
To create a new Registered User account, you must register with us by creating a username and password and providing any additional registration information that we may require. It is also possible that a Registered User account may be established by you through a third party website or provider, and if so, you agree to our Terms and to provide any additional information that we may require in order to maintain and use such account.
After your account is created, you will be able to add one or more Creators. For each Creator, you will need to designate a public nickname and provide certain information, such as the age and country, of the Creator. Please note that the nickname that you choose to use as a Creator will be viewable by all Users and will be connected to your Creations and Creator Account information. For Parent Accounts, certain information about the Creators and Creator Accounts linked to the Parent Account may also be viewable. For Manager Accounts, certain information about the affiliation, such as the school name, of the Creators and Creator Accounts linked to the Manager Account may also be viewable.
While we strive to provide a safe and communal environment within our Services, in the interest of abundant caution, we require and you hereby agree not to use a child’s full first and last name for their Creator nickname. Do not set up a Creator Account if you have any concerns at all about having your Creator’s public information (e.g. nickname, age) and their Creations viewable by the general public.
You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify Creatubbles of any actual or suspected unauthorized use of your account or any other breach of security. You agree that all information that you are required to provide to Creatubbles as part of the registration process, including, but not limited to, your name and email address and any information about your Creators, is truthful, accurate, and complete and you agree to keep it up to date.
If you have any specific questions or concerns that we have not addressed about how to set-up and manage your account, please email us at email@example.com.
When you become a Registered User with us and open a user account, you may designate Creators whose Creations you can upload and manage with your account. We provide three types of user accounts: Creator, Parent, and Manager. Different rules and regulations may apply to these accounts.
Creator Account - individuals who are either (a) age 13 or over and have opened their own Creator Account or (b) under the age of 13 and are using their Creator Account under the supervision of a Parent Account and/or Manager Account.
Parent Account - a parent or legal guardian (“Parent”) is the Registered User and may add his or her children as designated Creators, each with at least one Creator Account linked to the Parent Account.
Manager Account - an entity authorized to offer our Services to others, such as schools, clubs or our Partners, where a legally-authorized supervisor of children, such as a teacher or counselor or an authorized Partner (collectively “Manager”) is the Registered User and may add designated Creators having an affiliation with such entity, where each Creator Account is linked to the Manager Account.
You agree that you will only register for and use accounts with us according to the use designations we have provided in these Terms. All other registrations and uses are void and such accounts may be deleted.
If you are a Parent or Manager and open a Parent Account or Manager Account, it is your responsibility to obtain proper consent of the parent or legal guardian of any children that you designate to your Parent Account or Manager Account. If we require it for your Parent Account or Manager Account, you agree to provide us with any information we request to confirm that (i) you are the Parent or Manager for any applicable child Creator and/or Creator Account linked to your Parent Account or Manager Account, (ii) you have obtained consent from the applicable child’s parents or legal guardians, and (iii) you will respect the wishes of the applicable child’s parents or legal guardians with respect to your management of the account, including any request by them to delete any Creations or other content and/or that you terminate their child’s access to your Parent Account or Manager Account. We may also offer specialized account management tools for parents and legal guardians, children, and Managers to use.
Creations are creative expressions including images, audio, video, and other media types created by a Creator and uploaded to our Sites using our Services.
You may add or delete your Creations at any time. However, if you delete a Creation, please note that we reserve the right to keep a backup copy for our records, but are not obligated to do so. We may adjust the rules, parameters, and functionality associated with Creations at any time.
You acknowledge and agree that any person accessing our Services will be able to view Creations that you upload. If you do not want people to see your Creations, do not upload them. You are solely responsible for the content of all of your Creations. You will also be responsible for any loss or damage of any kind incurred as a result of the use of any Creations that are uploaded, published or otherwise distributed via our Services or any channels provided therein. We are not responsible for any unintentional edits made to your Creations via our Services technology or any other mistakes that may occur within our Services that affect your Creations. You acknowledge and agree that we are in no way responsible for any misuse, theft, unauthorized publication or other unauthorized or unintended use of any Creations by any User or other persons or parties.
Creations that include prohibited content are not permitted. “Prohibited Content” includes anything that:
is copyrighted, trademarked, or otherwise a legally protected image or item
infringes the intellectual property or other rights of any party
violates any person’s privacy, publicity, moral, or other personal rights
violates any laws or regulations
is socially offensive, anti-social, morally, or otherwise offensive to us or our community
is being posted as a Creation for any commercial purpose or for any purpose that goes against the spirit of our Services
otherwise violates the terms of this Agreement
We may determine what constitutes Prohibited Content at our sole discretion and subject to change at any time. If we determine that any Creation includes any Prohibited Content, we may choose to immediately remove the applicable Creation and/or terminate the applicable user account. Any such decision may be without recourse to the User. We may employ filtering and/or other technical or non-technical means to remove any Prohibited Content at our discretion.
We offer a variety of features in our Services that facilitate the sharing, tagging, and commenting on Creations, including:
Sharing Creations: Our Services facilitate the global sharing and viewing of Creations. Any Creations that you upload to your account will be viewable by both Registered and Non-Registered Users. However, certain functionalities in our Services, such as Bubbling, Commenting and other features, are limited to Registered Users.
Users may find Registered Users’ Creations by using the exploration features and/or by searching specifically for a particular username or Creator name. In addition, we may feature, and you hereby allows us to do so, any Creations that have been uploaded within (i) any areas of the Services where we highlight particular Creations, such as the “Featured Creations” and similar areas, (ii) any areas where Creations are featured based on designated parameters, such as most recently uploaded, most commented upon, etc., and (iii) within any promotional or marketing campaigns for the Services, including external campaigns, such as print, billboard, or TV ads.
Bubbles: Registered Users may “Bubble” Creations as a way of expressing their approval or interest in the Creation. After a Creation is Bubbled, it is possible to see how many Bubbles it has achieved and what Registered Users have Bubbled it.
Comments: Registered Users may add comments (“Comments”) to other Registered Users’ Creations that will, if accepted, be accessible for viewing together with the Creation. Comments may also be added to Galleries, User Profiles, Partner pages and other portions of the site or uploaded content.
Comments may only be provided within the spirit of our community, for the purpose of providing positive feedback and creative input to the applicable Registered User and we specifically reserve the right to monitor and delete any Comments in our sole discretion and without notice. Such monitoring and deletion may be performed by a human or by the use of automated or machine-learning enabled techniques. Comments may never include any Prohibited Content. Should you receive any Comments that you believe to be abusive or otherwise inappropriate, then in addition to not accepting that Comment for publication, you may notify us via any channels that we may offer within the Services or via email to firstname.lastname@example.org. We do not guarantee that we will respond to such complaints in a manner that is satisfactory to you.
We may offer specialized tools for companies, camps, schools, not-for-profits, and other appropriate organizations (“Partners”), who wish to use our Services to offer a more specifically developed user experience such that their students, members, employees, customers, and other connected parties interact in unique ways (“Partner Programs”). Our Partner Programs may provide functionality or features that are specifically created for a particular Partner. Upon sufficient notice to a Partner, and any affected Users, we may start, stop or modify the fees charged to a Partner or the Users in a particular Partner Program.
We may choose to accept or decline, for any reason, any person or entity that wishes to participate in a Partner Program.
We may require you to provide additional registration information to us if registering for a Partner Program.
If you participate in a Partner Program, we may remove your account and delete all elements of it without notice or liability if we believe that you are violating any of these Terms, are violating any applicable laws, regulations or rules, or are using our Services in bad faith or otherwise in a manner that we do not think meets the spirit of our usage and ethical standards.
We may start, stop or modify the offering of a Partner Program at any time.
Certain of our Partners or Partner Programs may offer non-Creatubbles products or services to our Users. Creatubbles is not responsible for any such products or services and Users should carefully review the Partner’s terms and conditions that will govern the User’s experience, rights, liabilities and remedies with respect to any such Partner products or services.
Galleries may be used by Registered Users to invite Creators to create specific types of Creations during specified times and subject to specific parameters. For example, a Gallery might include Creations that result from a request for Creators to submit crayon drawings of “birds flying south for the winter” within ten days. Galleries may be internal to Creatubbles or we may invite third parties to participate, including sponsors or other affiliated entities. We may also add additional capabilities and potential parameters, including the ability to conduct contests and select winning or featured Creations. In all cases, it is up to you to decide if you wish to participate in any Gallery activity and if you do, you agree to follow any specific rules and guidelines that may be associated with it.
Third Party Sharing Tools
Our Services may include tools that interact with third party websites, applications, or services that allow you to share, distribute, or otherwise manage, publish or make available your Creations via such third parties. Examples of such third parties may include social networking sites like Facebook or Twitter, storage sites like Google+ or Dropbox, blogging sites like Tumblr, and other sites or applications that we may engage with from time to time. In all cases, we cannot control what happens to your Creations after you have published them to any third party. Your use of any such third party sites or services is governed by their own terms and conditions of service and privacy policies. We strongly encourage you to review those terms and to otherwise carefully research any third party tool, site, application, or other property with which you wish to interact.
Messages from Creatubbles and our Partners
Our services contain functionality to message or otherwise communicate with our Registered Users regarding certain events or generally relating to your accounts. For example, we may notify you when one of your Creations is Bubbled or Commented on. We may also use messaging functionality to alert you to Services changes or updates, promotional offers or other messages that we believe may be relevant or interesting to you. We may utilize messaging within our Services, email, text, or other forms of communication to which you give us access. We may provide tools for you to manage the type of messaging that you will receive from us, but if we do not or if you are not satisfied with the options that we offer, your only remedy will be to terminate your account.
We may change, adjust, add to, or remove elements from our Services at any time. In all cases, your only recourse if you do not agree to any change is to stop using our Services. We may also terminate our provision of any or all of our Services without any notice or liability to you.
More Information and Support
For more information about our Services, please review the ‘About Us’ page and other informational areas of our Sites and Services offerings. For specific Services support issues, you may contact email@example.com.
CHARGES AND SERVICE FEES
Currently, most of our Services are free to access and use, but we reserve the right to change that at any point in time upon notice to you, and to add fees or other charges for any elements of our Services, for select customizations, for Partner Programs, for Galleries, and/or for additional items. To the extent that we do charge any Services fees, all prices set will be subject to change by us at any time on a prospective basis. If applicable, you agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases.
Also, please be aware that (i) you are responsible for any charges related to your own Internet access, including any additional fees or costs that may be triggered by uploading Creations or otherwise interacting with our Services, (ii) if you use our Services on a mobile device, your carrier's normal rates and fees, such as text messaging and data charges, will apply, and (iii) if you use the products or services of third parties, they may require fees or charges for such use and those are your responsibility and not that of Creatubbles.
We reserve the right to sell or feature advertising and other commercial or sponsored content within the Services and/or as part of any Services-related messaging. Based on your account usage, we may specifically target advertising that we believe to be more relevant to you. You consent to receive any such advertising or promotion by using the Services.
SERVICES LIMITATIONS, USER RESPONSIBILITIES AND PROHIBITED ACTIONS
The following limitations apply to and govern your use of our Services:
We cannot guarantee that other Users will not misuse your Creations, Comments or any other content that you contribute to our Services or our Sites.
While we may keep copies of the Creations that are uploaded, we are not a storage service and we do not commit or guarantee to retain Creations that you upload for any defined period of time. We strongly encourage you to make back-up copies of any Creations that you upload and to utilize an image or data storage service if you intend to create a permanently stored file of your Creations.
If you use any of the third party social media tools that we offer with the Services, such as Facebook, Twitter, Google+, Pinterest, Tumblr or others, we do not guarantee that they will work properly and we have no control over and make no commitments at all with respect to what happens to your Creations after they are posted on third party sites, applications or other properties via those tools.
Our Services may only be available on certain mobile platforms or optimized for certain browsers. Our Services are not guaranteed to be compatible, and we do not commit to maintain any compatibility, with a certain platform.
Creatubbles does not guarantee that any Users will view, Comment or Bubble your Creations.
We are not liable for any interruption, shutdown, or failure caused by downtime for maintenance, bugs, glitches, and other problems that are particular to our Services or to any platform, technology, or network upon which it lies or with whom we have interacted.
You agree that we may need to alter any Creations or other content that you provide in order to conform to the requirements of any networks, technical platforms or other operational needs of our Services.
You may need to enable certain features or functionality on your mobile or other device in order to be able to access all of the features of our Services.
Creatubbles does not directly support, encourage or ensure compliance with any laws or regulations for any Promotions. Users and Partners are solely responsible for any use of Creatubbles that may be considered a Promotion and any necessary compliance with applicable laws or regulations therefore.
When using our Services, it is your responsibility to:
Keep your account and login information secure
Follow any guidelines from authorized third parties for single sign on (SSO) and other types of facilitated logins to our Sites
Ensure that you only upload Creations that you are comfortable sharing with the public
Follow all directions relating to uploading Creations and managing your account
Backup any content that you upload and ensure that you are do not rely on us as a storage site or service
Comply with all applicable laws and regulations regarding your use of our Sites and Services
Comply with our Terms and otherwise manage your account in a responsible and appropriate manner
You understand and hereby agree that you will not:
Use our Services in any way that violates these Terms or is purposefully or otherwise abusive to any third party, including any other User
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of other Users
Use our Services for any commercial use, including Promotions, unless you are an authorized sponsor or other commercial partner of ours and you accept and comply with our specific terms for such uses
Intentionally interfere with or damage operation of our Services or Sites, or any party’s enjoyment of them
Use the Services if you are a convicted sex offender
Attempt to gain unauthorized access to our Services or Sites, including accounts, computer systems or networks of ours or connected to ours, regardless of whether such unauthorized access is with intent to do harm or interfere with our Services or Sites
Upload, post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful
Upload, post, store, send, transmit, or disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and authorized by us
Solicit, collect, or store personal information or data about other Users, or disclose another User’s personal information or data to any third party
Use our Services to harm minors in any way
Use our Services to stalk or harass any individual in any way
Upload, post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights
TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, Creatubbles has the right, at its sole discretion and without prior notice of refund of any fees, to suspend or disable your account or terminate our Services to you. We are under no obligation to continue to support our Services in any way or to provide you with updates or error corrections to our Services. Your rights under these Terms will terminate immediately and automatically, with or without notice in our sole discretion, if we cease to support our Services. We may terminate your access to our Services or our Sites at any time, without cause and you agree that we will have no liability to you if we do. If we disable your account, you will not be able to create another one without our permission. You may cancel your account at any time by contacting us.
SCOPE OF LICENSES AND USER CONTENT
Our Services are licensed, not sold, to you for use only under these Terms. This license granted to you is limited to a non-transferable license to use the Services on any compatible device that you own or control and as permitted herein. You may not rent, lease, lend, sell, redistribute, or sublicense the Services. You may not copy (except as expressly permitted by this), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by us that replace and/or supplement the original version of the Services, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Unless otherwise agreed in writing, Creatubbles does not claim any ownership rights in any Creations, Comments or other content you upload (your “User Content”) and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. By making available any User Content through our Services, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Content on and through third-party distribution channels selected by, but not affiliated with, Creatubbles, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You also grant Creatubbles the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your User Content. You agree that neither Creatubbles nor any third party distribution channels have any obligation to provide any compensation to you for your User Content or the licenses granted herein. You understand that Creatubbles does not guarantee any confidentiality with respect to your User Content. You also hereby grant each User of our Services a non-exclusive license to access your User Content through our Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of our Services and under these Terms. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content.
You understand and hereby agree that:
You own the User Content posted by you
If you do not own the User Content you post, you have the right to use it for the purpose that you post it on our Services or Sites
The posting of your User Content on or through our Services or Sites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or violate any applicable laws or regulations
You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you posted to or through our Services or Sites
PRIVACY AND CONSENT TO USE OF DATA
Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available at http://www.staysafe.org.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents, or proposals about our Services or otherwise, including any that may be included as part of Comments or other public areas of the Services ("Feedback"), you agree that:
Your Feedback does not contain the confidential or proprietary information of third parties and that you have the right to disclose the Feedback to us
We are under no obligation of confidentiality, express or implied, with respect to the Feedback
We may have something similar to the Feedback already under consideration or in development and that your Feedback does not create any obligation for us to develop or not develop new products or services from your Feedback
You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the Feedback, including any intellectual property rights therein
You will indemnify and hold harmless and defend Creatubbles from and against any claims, losses, expenses, and liabilities arising from breach by you of the foregoing representation and warranty.
Creatubbles respects the copyright and other ownership rights that our Creators have in the works they create. We don’t claim any ownership of your User Content and we don’t want to restrict your rights to use your Creations. However, we do need to have a license from you to display your User Content on our Services and with any third parties that we work with. By using our Services, you agree to give us that limited license (as further described in Section 6) and further agree that neither Creatubbles or any third party that we work with owes you any royalty or other compensation for the use of your User Content as provided for in these Terms.
Creatubbles respects copyright law and expects its Users to do the same. While we are not obligated to review User Content for copyright infringement, we are committed to protecting copyrights and expect Users of our Sites and Services to do the same.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our Sites and Services infringes your copyright, you may send us a notice to our Copyright Agent requesting that the material be removed or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Sites and Services; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our Sites and Apps should be sent to:
ATTN: Copyright Agent
80 Changi Road, #03-25 Centropod@Changi
LINKS AND THIRD PARTY MATERIALS
You understand that by accessing or using any of our Services or our Sites you may encounter links to third party websites and/or content, data, information, applications or materials from third parties (“Third Party Materials”). You acknowledge and agree that Creatubbles is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any Third Party Materials.
Third Party Materials, including links to other websites, are provided solely as a convenience to you. Creatubbles does not warrant or endorse any Third Party Materials. We do not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials.
SWEEPSTAKES, CONTESTS AND PROMOTIONS
Creatubbles does not directly operate sweepstakes, lotteries, contests, competitions or promotions (“Promotions”) through our Services. To the extent that Users or Partners offer or participate in any Promotions, each does so at its own risk and is solely responsible for the administration of the Promotions and compliance with applicable laws and regulations regarding such Promotions.
For Users, Creatubbles suggests that you carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate, as they may contain additional important information.
Creatubbles neither encourages or prohibits Users or Partners from communicating or administering Promotions on our Sites. However, if you use Creatubbles to communicate or administer a Promotion, you are solely responsible for the lawful operation of that Promotion, including:
Providing and publishing the Official Rules
Providing and publishing the terms and eligibility requirements
Ensuring compliance with applicable laws and regulations governing the Promotion and any prizes or awards that may be offered
Accepting that if you use our Services to administer your Promotion, you do so solely at your own risk
If you offer a Promotion on Creatubbles, you must include the following:
A complete release of Creatubbles by each entrant or participant in your Promotion
Acknowledgement that the Promotion is in no way sponsored, endorsed by, administered by, or associated with Creatubbles
To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules will control.
MODIFICATION OF THESE TERMS
Creatubbles reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on our Sites or provide you with notice of the modification. We will also update the "Last Modified" date at the top of these Terms. By continuing to access or use our Services after we have posted or provided notice of a modification, you are indicating that you agree to be bound by the modified Terms. You may also be asked to re-acknowledge and re-accept the Terms following any material changes. If the modified Terms are not acceptable to you, your only recourse is to cease using our Services.
NO WARRANTY AND DISCLAIMERS
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CREATUBBLES EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CREATUBBLES MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CREATUBBLES MAKES NO WARRANTY THAT WE WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES FOR ANY PARTICULAR LENGTH OF TIME AND CREATUBBLES RESERVES THE RIGHT TO CHANGE AND UPDATE THE SERVICES WITHOUT NOTICE TO YOU. CREATUBBLES MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CREATUBBLES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold Creatubbles, its subsidiaries and affiliates, and their officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, our Sites, or your violation of these Terms.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL CREATUBBLES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PROPERTIES, INCLUDING ANY PRODUCTS OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF CREATUBBLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CREATUBBLES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED AN AMOUNT THAT IS EQUAL TO ONE HUNDRED U.S. DOLLARS ($100.00). NO PERSON ACTING ON CREATUBBLES BEHALF HAS ANY AUTHORITY TO MAKE OR CLAIM ANY REPRESENTATION, TERM, PROMISE, CONDITION, STATEMENT, WARRANTY, OR INDUCEMENT (COLLECTIVELY "INDUCEMENT") NOT EXPRESSED HEREIN. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU REPRESENT THAT YOU ARE NOT RELYING ON ANY INDUCEMENT THAT IS NOT EXPRESSED IN THIS AGREEMENT.
YOU AND CREATUBBLES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE APPLICABLE STATUTE OF LIMITATIONS PERIOD AS DEFINED BY JURISDICTION. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
INFORMAL DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL
We endeavor to work with you in the event a controversy or claim arises out of your use of our Services. We encourage you to contact us to discuss the matter informally with our support team through http://support.creatubbles.com/. If the dispute is not resolved, you may send a letter to our management team and we will attempt to meet with you via telephone within ten (10) business days of our receipt of your letter or such longer period as may be mutually acceptable. We will provide you with a written decision within twenty (20) days of the telephone meeting. You are not required to follow this informal dispute resolution procedure, and following this informal dispute resolution procedure does not prevent you from initiating other actions provided for in these Terms.
In addition, where permissible by law, each of the parties hereby waives its rights to a jury trial of any claim or action based upon or arising out of these Terms, directly or indirectly, and/or the relationship that is being established among the parties hereunder. The scope of this waiver is intended to cover all disputes that may be filed in court, including without limitation contract, tort, breach of duty, and all other common law and statutory claims. This waiver is irrevocable and may not be modified either orally or in writing. This waiver applies to any future amendments, renewals, supplements or modifications of or to this Agreement. In the event of litigation covered by the scope of this waiver, these Terms may be filed in court as a written consent to a trial by the court.
CONTROLLING LAW AND JURISDICTION
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts of Delaware, and each of the parties waives any objection to jurisdiction and venue in such courts.
ENTIRE AGREEMENT AND ASSIGNMENT
These Terms constitute the entire and exclusive understanding and agreement between Creatubbles and you regarding the Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between Creatubbles and you regarding the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Creatubbles’ prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Creatubbles may assign or transfer these Term, at its sole discretion and without restriction.
ENFORCEMENT AND SEVERABILITY
The failure of Creatubbles to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized Creatubbles representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
USE OUTSIDE OF THE UNITED STATES
Creatubbles makes no representation that the materials that comprise the Services, including the Services’ design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof contained on the Services or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. Users of our Services who reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not Creatubbles or any party affiliated with it, are responsible for compliance with any applicable local laws.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Creatubbles via email (in each case to the address that you provide) or by posting on our Sites and/or within our Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. For posted notices, the date of posting will be the effective date of notice.
The previous Terms of Service can be found here.