Terms of Service
Createer provides you with access to its website and Services (as defined below) allowing you to create, design and manage beautiful digital content without writing code.
ACCEPTANCE OF TERMS OF SERVICE
As a precondition and requirement to use the Services available via Createer.com, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms").
These Terms are effective immediately between the Subscriber and YesSoftware, Inc , its subsidiaries and affiliates ("Createer.com", "Artisteer.com"). Each Subscriber is subject to these Terms, and by using Createer's services, network and/or systems as more accurately described in Createer’s content (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
Subscriber represents and warrants that, if an individual, Subscriber is at least 13 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms.
Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Createer.
Further, Subscriber represents and warrants all information provided by Subscriber to Createer has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Createer in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information.
Although subscribers of paid services that may be offered by Createer must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services.
Createer intends to provide the best possible content design and management service to each of its Subscribers. Due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Createer reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. Subscribers may view the most current version of these Terms at www.Createer.com. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Createer.com website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below.
These Terms do not give Subscriber any rights in Createer intellectual property or technology. Createer and related trademarks and logos are the exclusive property of Createer. Createer and Subscriber agree that neither will, directly or indirectly, reverse engineer or decompile object code or execution code, nor otherwise seek to obtain source code or trade secrets of the other party. Notwithstanding the foregoing, nothing herein shall bar Createer from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
User License. Subject to the terms and conditions of this Agreement, Createer hereby grants Subscriber a non-exclusive license, without rights to sublicense, to access and use the Services solely for the purpose of creating, designing and managing digitial content to End Users subject to and in accordance with these Terms. Subscriber is allowed to grant End Users the right to access the content created using the Services and the materials contained therein.
Proprietary Third Party Content. Createer may provide to the users content which is subject to proprietary rights of third parties such as images, fonts, graphical items, audio files, images etc. (the " Proprietary Third Party Content"). You hereby acknowledge and agree that Createer shall have the right at is sole and exclusive discretion and at any time, to: (a) remove and/or disable such Proprietary Third Party Content; and (b) demand that you immediately remove such Proprietary Third Party Content from your web sites created or published using the Services. Failing to obey to such remove/disable instructions, within no later than 24 hours from Createer's notice, Createer shall have the right to disable and/or delete such Proprietary Third Party Content from the User's web platform. In such case you are hereby agree and understand that Createer shall not have any liability, and that you or any of your behalf shall not be entitled to any reimbursement or indemnification.
Third Party Content Restrictions. (a) any duplication, distribution, modification, sublicensing, reproduction, transferring, creating of derivative works from, selling or other use of the Third Party Content, except as specifically provided and allowed by Createer is forbidden (b) any action of reverse engineering, decompiling or disassembling of any Third Party Content in a manner that enables Users to download such Third Party Content is forbidden.
License to Createer. Createer claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to Createer, Subscriber grants to Createer, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Createer's servers and Services during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services.
SECURITY AND OWNERSHIP
Site Security and Updates. Createer uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password, and registered domain name(s), as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Createer of any unauthorized uses of the Service or any other breaches of security. It is exclusively Subscriber’s responsibility to update and secure any programs or scripts. Subscriber's failure to update and secure any programs or scripts may result in Createer either updating the programs and scripts or suspending your account services until they are updated. Createer will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with any of the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services, or due to any updates performed by Createer pursuant to the terms of this section.
Ownership. Createer is not responsible to determine ownership of content, accounts opened with Createer or its affiliates. By accessing Createer's system, registering, or using any of the services provided by Createer, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of content and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, content created, hosted by Createer or any of its affiliates are subject to the terms and conditions of these Terms.