Latest Revision: September 2017
The Site provides users with access to an environment in which developers, designers, programmers and anyone with collaborative interests may exchange ideas, concepts, and designs through a web interface (the “Services”). Unless explicitly stated otherwise, the Services and any modifications, updates, new features, or enhancements are subject to the TOS.
Creative Gig, Inc. (“Creative Gig,” “us,” “we” or “our”) may modify this TOS from time to time. Any modifications will be effective immediately when we post them. We will take steps to notify users of any modifications, however, you are responsible for reviewing any modified terms. Your continued use of the Site or Service following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the TOS is listed above so that you can compare any different versions of the TOS to determine any changes made to the TOS.
By using the Site, you represent and warrant that are 18 years of age or older. If you are not 18 years of age or older, you must not access or use the Site. To access the Site or Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You represent and warrant that the information you provide to us or on the Site is true and accurate.
You must treat your user name and password confidential, and should not disclose it to any other person or entity. You also acknowledge that your account is personal to you (or your business) and agree not to provide any third-person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Your right to use the Sites and Services is nontransferable and any password given to you is nontransferable. You grant us and all persons or entities involved in the operation of the Site the right to transmit, monitor, store, retrieve and use your information in connection with the operation of the Sites and Services. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Site or Services. We are not responsible for any damage or losses caused by unauthorized use of your account. You, however, may be responsible to us for any harm we incur due to unauthorized use of your account.
We own the Site and Services, and all intellectual property related to the Site and Services, except for the Postings (as defined below). All content, organization, graphics, design, compilation and other matters related to or included on the Site or Services, except the Postings, are protected under applicable copyrights, trademarks, or other proprietary (including but not limited to intellectual property) rights and owned by us. Subject to your compliance with the TOS, we grant you a personal, non-exclusive, non-transferable, revocable permission to use the Services and Sites for the sole purpose of enabling you to use and enjoy the benefit of the Services in the manner provided by the TOS (the “License”). No right, title or interest in or to the Site or Services or any content on the Site is transferred to you other than the License, and we reserve any and all rights in and to the Site and Services not expressly granted to you.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content included in the Services or Site, in whole or in part. Your License does not grant you the right to re-use content or materials from the Site. Content and materials posted to the Site may be the copyrighted content of other users and you must obtain permission from the owners of any materials before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Except as otherwise expressly permitted in this TOS, you may not: (i) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code; (ii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Services or Site; (iii) access the Services by any means other than through the interface that is provided by us; (iv) use the Services in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not access the Services in an automated manner by use of “spiders”, “robots” or otherwise), nor use the Services in any manner that could interfere with any other party’s use and enjoyment of the Services; or (v) retrieve and/or store in electronic or any other form any material part of the database’s underlying Services.
Our name, the term “Creative Gig”, our logo and all related names, logos, product and service names, designs and slogans are our trademarks and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Violation Of Your Rights
We respect the intellectual property of others and ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us by clicking on “Contact Us” and provide us with the following (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
In order to access our Services, as a Creative, you must provide a valid bank account, which connects to our third party billing service. As a Client, you are not required to subscribe to our service; just use your credit or debit card when making an order / payment. By creating an account and accessing the Services, you represent and warrant that you are an authorized user of the credit card or account associated with payment, and you agree to pay all applicable charges. You agree that we may pass your credit card information and related personally identifiable information to our designated service provider(s) for their use in charging you for appropriate services. Credit cards or other payment services will be billed according to whatever payment plan you select at the time of registration. Services are billed on a monthly or yearly basis, depending on the plan you choose. All fees listed are exclusive of any taxes, levies, duties or tariffs that applicable taxing authorities may impose. You are responsible for payment of any applicable taxes, levies, duties, tariffs or other similar fees.
We use a third party billing service to process payments. We do not obtain or retain user credit card numbers. By providing us with credit card information for the creation of an account, you agree to the applicable terms and conditions for the third party service we utilize for managing payment. You are responsible for reviewing third party terms and conditions, such as those for Stripe (https://stripe.com/us/legal), which serves as a third party payment processor.
Services are billed as a “pay-as-you-go” basis, which is we receive a percentage (7.9%) on each transaction. Payments are not processed by us, but by our third-party billing service.
Termination and Account Modifications
We may terminate your account (or disable your user name or password), access to your account, your License and access to the Site immediately and at any time upon breach by you of the TOS, or if we have a good faith belief that you are in breach of the TOS. We may also terminate your account for any reason by providing at least thirty (30) days notice via e-mail or by posting notice on the Site of the intent to terminate any account or accounts. Upon termination, you must, at our option, return or destroy any copies of the materials you have made related to the Site or Services.
You may terminate your account at any time by either selecting account termination within the user account settings of your account or contacting us in writing to request account termination. If terminated at least three (3) business days before the next billing cycle for your account, we will not bill your account for the subsequent billing cycle.
From time to time, you may decide to update or modify the services provided to you. Changes in services may result in a change in fees charged. If you request an upgrade to your account, you will be billed on a pro-rata basis for any additional amounts owed for the upgraded services. Any downgrade in services may result in an immediate loss of access to content or services associated with the services that are removed during any downgrade.
We will provide a full refund of a monthly subscription fee if you contact us requesting a refund within thirty (30) calendar days of payment, and if the account for which the payment was made has not been used during that period. We will provide a full refund of a yearly subscription fee if you contact us requesting a refund within thirty (30) calendar days of payment and request a refund and cancellation of your account, and if the account for which the payment was made has not been used during that period. Otherwise, any and all payments are generally non-refundable, however, we reserve the right to evaluate each situation on a case-by-case basis issue a refund (whether full or partial) in our sole discretion.
The Site or Services may permit you to post, submit, transmit, email, or otherwise make available questions, comments, or information (collectively, “Postings”). You may only submit Postings that you create or that you have permission to submit and that do not violate rights of third parties. We do not claim ownership of any Postings that you may submit. However, by submitting Postings to any of the other Services, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known, and to sublicense such rights through multiple tiers of sub-licenses as may be required to provide the Services to you and others collaborating with you.
You agree not to upload, post, submit, email, transmit, or otherwise make available any Postings that: (i) contain falsehoods or misrepresentations that could damage Creative Gig or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations of business or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting; (vii) contain materials with protected copyright, trademark patent or other intellectual property rights unless you are the owner of such material or have license from the owner of any such proprietary rights to provide the materials; (viii) you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) that otherwise violate the TOS. We are not responsible for Postings. All liabilities resulting from Postings remain with their respective originator(s).
We do not and are not obligated to pre-screen content submitted on the Site or through the Services, but we do have the right (but not the obligation) in our sole discretion to refuse or remove any content that is made available via the Site or Services by any user that we feel violates the TOS or is otherwise objectionable.
We ask that you respect others in the content you post on the Site or in the shared environments. We don’t monitor what people post on the Site or in the shared environments. But, we can remove anything offensive.
Modification to Services
We reserve the right at any time, to modify, suspend, or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
We love our jobs and plan on providing the Site and Services for a very long time. But, we don’t have to. And we can change, suspend, or permanently stop providing the Site or Services.
Advertisers or Third Party Vendors
We may include advertisements on the Site or Services. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Services, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on the Site or Services. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third party vendors or advertisers, including information providers, or any other end users are those of the respective author(s) or distributors) and not ours.
Anyone linking to the Sites or Services must comply with the following guidelines and all applicable laws: (i) a site that links to any Service may link to but not replicate any Service’s content; (ii) should not create a browser, frame or border environment around any Service’s content; (iii) should not imply that Creative Gig is endorsing it or its products; (iv) should not misrepresent its relationship with Creative Gig or any Service; (v) should not present false or misleading information about Creative Gig or any Service; (vi) should not use any Creative Gig trademarks, trade names, or logos without permission from Creative Gig; and (vii) should not contain content that is reasonably considered profanity, defamatory, vulgar, offensive, or otherwise unlawful.
WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF THE SERVICES. ADDITIONALLY, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. CREATIVE GIG, TOGETHER WITH ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”) SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE.
THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE PROVISION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE SITE OR SERVICES WILL BE CORRECTED. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE SERVICES. THE SITE OR SERVICES MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES OR SERVICES.
THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. Some jurisdictions do not allow the disclaimer of implied warranties, so a portion of the foregoing may not apply to you. In this case, the duration of any implied warranty is limited to the minimum period permissible under the applicable law.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES OR SERVICES. IN NO EVENT SHALL ANY OF THE RELEASED PARTIES LIABILITY FOR A CLAIM ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES OR YOUR USE THEREOF EXCEED THE AGGREGATE AMOUNT OF WHAT YOU PAID CREATIVE GIG FOR THE SERVICES DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE INITIATION OF A LAWSUIT BY YOU OR $10.00, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, THEREFORE, THIS MAY NOT APPLY TO YOU.
We hope to have a long, happy relationship with you. However, if we don’t and you sue us, the maximum amount of our liability is the greater of the amount of money you paid us six months prior, or $10.
You agree to indemnify and hold the Released Parties harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys’ fees and costs of litigation, arising out of or otherwise related to your use of the Site or the Services, a breach by you of the TOS, your Postings or other content you submit, post, transmit, email, or otherwise make available through the Site or Services, your violation of any rights of another party, or any other damage caused by your use of the Site or Services.
You agree to indemnify us if someone else sues us because of your use of the Site or Services.
Choice of Law and Venue
The TOS and the relationship between Creative Gig and you is governed by the laws of the State of Washington without regard to its conflict of law provisions. For any dispute regarding the TOS, the Site, or the Services, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Tacoma and/or Seattle, WA.
Class Action Waiver
Any proceedings to resolve or litigate any dispute regarding the TOS, Site, or Services will be conducted solely on an individual basis. You agree that you will not seek to have any dispute heard as a class action, or in any other proceeding in which a party acts or proposes to act in a representative capacity. We agree to the same.
Waiver & Severability
If any provision in the TOS should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOS if no such modification is possible, and the other provisions of the TOS shall remain in full force and effect. The controlling language of the TOS is English. If you have received a translation into another language, it has been provided for your convenience only. The non-enforcement of any provision of this TOS shall not be construed to constitute a waiver of any breach of this TOS.
Adherence to Law
You agree to comply with any and all applicable laws, codes, or regulations governing your use of the Site or Services. If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Site or Services, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOS enforceable.
Your Comments and Concerns
This website is operated by Creative Gig, Inc. located at: 1261 S 820 E, Suite 210
American Fork, UT 84003.
All other feedback, comments, requests for technical support and other communications relating to the Site or Services should be directed to: [email protected]