Creatory Terms of Service

Date of Last Revision: March 16, 2015. This is an Agreement between You (referred to as: “User”) and SC Creatory Org SRL registered under the VAT number RO33960370 and identification: J27/711/2013. (referred to as: “Creatory”, “Creatory.org” “we”, or “us”), the company that provides content management services and website hosting services as well as general and personalized content, communication tools and forums, and online and downloadable applications, collectively called “Creatory” available at http://www.creatory.org (referred to as: Site) to enable users to create and publish web sites, hosted by us (referred to as: “User Sites”, “Accounts”, “User Web Sites”, “Clients”). This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. This Statement of Rights and Responsibilities (referred to as: “Statement,” “Terms,”, “Terms of Service”, “TOS” or “SRR”) derives from the Creatory Principles, and is our terms of service that governs our relationship with users. By using or accessing Creatory, you agree to this Statement, as updated from time to time. We reserve the right to change these Ters at any time. We encourage you to check our Terms and Privacy Policy whenever you use the service to see if it has been updated since your last visit. Your use of the Site after the revised version of this page has been posted will constitute your consent to such revised Terms.

User Sites

If not else stated in the order or provided service, Creatory does not approve or control Accounts and does not routinely review or monitor these Accounts. In addition, you understand and acknowledge that business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are not in any way related to Creatory. Therefore, you acknowledge and agree that Creatory is not responsible or liable in any manner for, and makes no representations or warranties of any kind regarding, the content, functionality, business, legality, accuracy, completeness, quality, reliability, security, usefulness or practices of any Accounts or for any dealings with or transactions conducted on or in connection with these Accounts, if not else stated in the order or provided service. You may not use the name, logo or other trademarks of Creatory to imply any sponsorship, affiliation or relationship between you and Creatory other than that Creatory is hosting your Site.

License

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”) uploaded, posted, or stored through your use of the Services. You own all of the content and information you post on Creatory, and you can control how it is shared through your account. In addition, for content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission:

  • Non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Creatory (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
  • When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  • When you publish content or information, it means that you are allowing everyone, to access and use that information, and to associate it with you.

You are granted a limited, non-sublicensable license to access and use Creatory services solely in connection with the creation of web sites hosted on Creatory. Creatory is licensed from the owner SC Creatory Org SRL., subject to your acceptance of these Terms. Such license is subject to these Terms and does not include: (a) any resale or distribution of the service; (b) modifying or otherwise making any derivative uses of the Creatory, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the Creatory except as expressly permitted; or (e) any use of the Creatory other than for its intended purpose. Any use of the services other than as specifically authorized herein, without the prior written permission of Creatory, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without need of prior notice. The license granted herein does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher, or otherwise attempt to discover any programming code or any source code used in or with the Services or otherwise distribute in any way the Services other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services, create derivative works based on or in any manner commercially exploit the Services, in whole or in part other than as expressly permitted in this Agreement. Any use of the Services for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Services and is expressly prohibited. You further agree that violations by you, any other person or entity of the terms of this Agreement may be prosecuted to the fullest extent of the law. We reserve all rights not expressly granted in this Agreement.

Content for User Site

Creatory may, but has no obligation to (if not else stated in the order or provided service), monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Creatory or its customers, or operate the Services properly. Creatory, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

All material and services available on Creatory servers, and all material and services provided by or through Creatory, its affiliates, subsidiaries, employees, agents, licensors, or other commercial partners including, but not limited to, software, all informational text, software documentation, design, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Services”), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret, and other intellectual property laws. All Creatory trademarks and service marks, logos, slogans, and taglines are the property of Creatory. All other trademarks, service marks, logos, slogans, and taglines are the property of their Account owners.

Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Creatory without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.

Creatory does not allow any of the following content, or links to such content, to be published on the User Site:

  • Content of a pornographic, sexually explicit, or violent nature.
  • Content of an illegal nature (including stolen copyrighted material).
  • Pirated software sites, including cracking programs or cracking program archives.
  • Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
  • Content or data which would impersonate someone else or falsely represent your identity or qualifications, or that could reasonably constitute a breach of an individual’s privacy.
  • Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).

Rules

Creatory Users agree to all of the following:

  1. You must be at least 13 years of age to create an Account and to use the Creatory services. By registering, you represent and warrant to us that you are 13 years of age or over.
  2. You will use the service for its intended purpose of the creation and growth of a professional online presence.
  3. You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law.
  4. Users may not use the Service as a remote storage server only.
  5. Creatory reserves the right to modify, suspend or discontinue its services with or without notice at any time and without any liability to you.
  6. Creatory reserves the right to refuse service to anyone at any time with or without notice for any reason.
  7. You acknowledge that the Creatory services are provided “as is” and “as available” with all faults, and Creatory disclaims all responsibility and liability for the availability, security, operation, and reliability of the Accounts.
  8. Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden. The Services may only be used or accessed through an electronic device under the manual control of a User at all times.
  9. Users may not upload individual files larger than 20MB. Creatory reserves the right to refuse to host any downloadable file.
  10. Users may not send unsolicited messages using Creatory servers (also known as junk mail or SPAM) to promote any website published on the Service.
  11. Users may not upload, post, email, transmit or otherwise make available or initiate any content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or any Creatory user.
  12. Users may not use the Services to impersonate another person.
  13. Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Creatory’s servers. Users deemed to be using Creatory solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
  14. Users are not permitted to get advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods.
  15. You will not use the Creatory for any unlawful purposes.
  16. You will not provide any false personal information to Creatory, or create an account for anyone other than yourself without permission.
  17. You will ensure the email address provided in your account registration is valid at all times. Creatory reserves the right to terminate any account that does not include a valid email address on file.
  18. You will keep your contact information accurate and up-to-date.
  19. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  20. You will not transfer your account to anyone without first getting our express written permission.
  21. You will not attempt to or actually override any security component included in or underlying Creatory.
  22. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Creatory’s infrastructure, including, but not limited to, sending unsolicited communications to other users or Creatory personnel, or attempting to gain unauthorized access to the Creatory servers.
  23. Though we make daily backups, you agree that Creatory has no responsibility or liability for the deletion of or the failure to store or to transmit any Content maintained by Creatory and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Account at your sole cost and expense (if not else stated in the order or provided service).
  24. Unless we expressly note otherwise, these terms incorporate and supercede any other terms associated with the files and applications available on the domain www.creatory.org, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Creatory.
  25. If any portion of this Agreement (the full TOS) is found to be unenforceable, the remaining portion will remain in full force and effect.

Money-Back Guarantee

Creatory provides both free and paid services to Users. If you are dissatisfied with your service for any reason, you will receive a refund if you cancel your paid services within 30 days of the payment you made to us. The 30-day money-back guarantee does NOT apply to domain name registration. The amount of your refund will be the price of the paid service you purchased from Creatory minus domain name registration fee (if there was any domain registration for your Account), and minus overage charges, and minus the value of the remaining full months of service paid based on the following algorithm: ([remaining full months of paid service] x $9.95)

Domain Terms

Domain registration is brought to you through a partnership program with multiple domain registers. You are the legal owner of the domain registration. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you agree to pay all such taxes, levies, or duties. We will make reasonable efforts to contact you before your registration period expires and provide you with the option to renew your domain registration. If we are unable to contact you using the information you provide, Creatory shall not be liable for loss of the domain. Creatory reserves the right to change its prices at any time.

Indemnification

You agree to hold harmless and indemnify Creatory and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim arising from or in any way related to your use of the services including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.

Limited warranty

Creatory does not warrant that the site, the service  or any User Sites will meet your requirements or that the operation thereof will be uninterrupted or error free. The site, the services, and Creatory services are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the site, the service and Creatory services is with you. Should any of the foregoing prove defective, you (and not Creatory, its parent, subsidiaries, affiliates or licensors) assume the entire cost of all necessary servicing, repair or correction.

Copyright

All Content and other material on the web sites hosted by us are the proprietary property of Creatory or its licensors or users and are protected by U.S. and international copyright laws. All rights not expressly granted in these terms are expressly reserved.

Trademark

Creatory, the Creatory logo, and any other product or service name or slogan contained in the Site are trademarks of SC Creatory Org SRL and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Creatory or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Creatory and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Users Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Our Postal Address is:

Str. Bogdan Dragos, Nr. 15, Roman, Romania We can be reached via e-mail at help@creatory.org